New Mexico Mesothelioma Lawyer

How to Find and Choose a New Mexico Mesothelioma Lawyer

When filing a claim, choose a New Mexico mesothelioma lawyer who focuses on asbestos cases similar to yours. For example, when surviving family members need help with wrongful death lawsuits for asbestos exposure, an attorney who has litigated those cases understands the necessary steps and makes the process less stressful.

This specialized legal expertise is particularly crucial in New Mexico, where mesothelioma cases regularly affect local communities despite their relative rarity. Between 2018 and 2022, more than 75 people were diagnosed with mesothelioma, and hundreds more with other asbestos-related illnesses. One-third of all mesothelioma diagnoses in New Mexico are reported in Bernalillo County.
If you were exposed to asbestos outside of New Mexico, you might need to file your legal claim in another state. A nationwide mesothelioma law firm can determine the right jurisdiction for your case and help you file in courts across the country. National firm Simmons Hanly Conroy, for example, have secured more than $64 million in compensation for their New Mexico clients.

Weitz & Luxenberg

• $8.5 Billion Recovered
• Serves Clients Nationwide
• Rated #1 by U.S. News & World Report for 2022

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Simmons Hanly Conroy

• $8.9 Billion Recovered
• Serves Clients Nationwide
• Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report

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Asbestos Settlements and Verdicts Awarded in New Mexico

New Mexico juries have awarded large mesothelioma verdicts, but most asbestos claims in the state are resolved with a mesothelioma settlement. Your New Mexico asbestos attorney will negotiate a fair settlement on your behalf, which both you and the defendant will agree to. 

Notable New Mexico Asbestos Settlements, Verdicts or Trust Fund Payouts

• $40.6 million: Larry Knecht died of mesothelioma after working with asbestos products in New Mexico for about 30 years. A jury ordered Ford, General Motors, Chrysler and Johns-Manville to pay damages in 2018.
• $4.5 million: A jury awarded these damages to Daniel Wilson, Sr. in 1998. As a New Mexico power plant worker, Mr. Wilson developed mesothelioma from handling asbestos products on the job, such as John Crane gaskets and packing materials that contained asbestos.
• Asbestos trust funds: Industrial workers in New Mexico used products from Owens-Corning, Johns-Manville, General Motors, and other companies that have asbestos trust funds . These bankruptcy funds typically pay about 5% to 12% of common settlement amounts, which may amount to around $250,000 or $300,000 for mesothelioma claims.

In New Mexico, mesothelioma compensation can cover medical expenses, ongoing treatment costs, lost wages and damages for pain and suffering. Wrongful death claims can compensate family members for loss of companionship and comfort. 

How Does an Asbestos Lawyer Handle Your Claim in New Mexico?

Working with an asbestos lawyer in New Mexico means having an advocate who understands the state’s specific laws and filing deadlines. Your attorney manages the legal process while you focus on your health and family. 

Steps to a Mesothelioma Claim

1. Gather medical records: Your lawyer collects necessary paperwork to confirm your mesothelioma diagnosis and link it to asbestos exposure.
2. Investigate exposure history: Your mesothelioma legal team investigates the products and exposure sites in New Mexico responsible for your diagnosis, such as Kirtland Air Force Base in Albuquerque where veterans faced increased risk from asbestos-containing sealants, paint, insulation and piping used throughout military installations.
3. Work with experts: Your legal team consults medical and occupational experts to strengthen evidence and build the strongest possible case.
4. File your asbestos claim: Your attorney files claims with asbestos trust funds and personal injury lawsuits in New Mexico courts, adhering to the state’s 3-year statute of limitations from diagnosis for personal injury or 3 years from death for wrongful death claims, which can compensate family members for loss of companionship and comfort.
5. Manage all legal procedures: Your lawyer handles all paperwork, court filings, procedural requirements and your testimony throughout your case.
6. Negotiate or litigate: Your attorney negotiates settlements with defendants or prepares for trial if needed to maximize your compensation.

New Mexico’s discovery rule can be particularly important for mesothelioma cases. The statute of limitations may begin when the illness is diagnosed and its connection to asbestos exposure is discovered, rather than when exposure occurred.

Most mesothelioma claims settle within 12 to 18 months. Throughout the case, your attorney maintains regular communication about developments and next steps, ensuring you understand the process without being overwhelmed with legal technicalities.

Unsure About Your Legal Options?

Over $30 billion has been set aside to support those diagnosed with mesothelioma. We’ll help you explore your options and introduce you to the nation’s leading mesothelioma law firms.

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Asbestos Exposure in New Mexico

People in New Mexico faced asbestos exposure at work, often from asbestos products. Exposure hotspots included Albuquerque and a U.S. Air Force base in the state.

Naturally occurring asbestos is also a concern in New Mexico. At least 15 mining districts have asbestos contamination.

Sites in New Mexico Known for Asbestos Exposure

• Four Corners Power Plant: Workers in this power plant handled equipment and insulation that contained asbestos.   
• Kirtland Air Force Base: Veterans at this Albuquerque base were at an increased risk for exposure. Many military installations used asbestos-containing sealants, paint, insulation and piping.
• Phelps Dodge Mining: Miners working at company sites likely encountered asbestos deposits. Mining equipment in the 1960s and 1970s commonly used parts with asbestos, such as friction materials.   
• PNM Resources, Inc.: This energy company used asbestos in its power plants.   
• San Juan Powerhouse: Employees at this power generation facility worked around asbestos materials.
• Schools: Alta Vista Middle School in Carlsbad has dealt with asbestos in its buildings. Proper management and removal of asbestos is necessary to ensure the safety of students and staff.

In New Mexico, asbestos exposure can still happen near natural asbestos deposits. The southwestern region has large deposits that can release airborne fibers, including dangerous chrysotile deposits near cities like Ruidoso.

Legacy asbestos building materials make ongoing exposure a problem. New Mexico requires contractors to notify the Air Quality Bureau of all demolition projects. The New Mexico Environment Department fined an Albuquerque contractor $1.1 million for serious asbestos exposure violations in 2023.

Southwest Vermiculite Ore Processing Facility 

Southwest Vermiculite was an ore processing facility in Albuquerque that operated from at least 1967 to 1988. In 1976, the company shifted to a new facility under the name of Solico, Inc. According to EPA records, Southwest Vermiculite processed more than 68,000 tons of asbestos-contaminated vermiculite ore.

During the exfoliation process, laborers heated the vermiculite until it “cracked,” which released asbestos fibers into the air. Toxic asbestos dust also coated many areas of the site. Workers breathed in these harmful fibers regularly.

Occupational Asbestos Exposure in New Mexico

Occupational asbestos exposure in New Mexico was common in energy production, manufacturing and other industrial work. Companies frequently used asbestos materials in machinery, boilers, piping and wiring. Asbestos fibers were also added to gaskets, brakes, cement and paint products. 

Higher-Risk Jobs in New Mexico

• Aircraft mechanics
• Construction workers
• Drywall tapers 
• Electrical engineers
• Electrical power linemen 
• Electricians
• Industrial engineers
• Insulators
• Machinists
• Mechanical engineers
• Miners
• Pipefitters
• Plumbers
• Power plant workers
• Sheet metal workers 
• Teachers

Military exposure occurred at several bases in the state. Family members of asbestos workers were at risk of secondhand exposure. Asbestos fibers brought home on clothing have caused mesothelioma in spouses and children.

How Your Lawyer Supports You in New Mexico’s Changing Asbestos Litigation

New Mexico’s court system isn’t easy for patients or their families to navigate. Fortunately, mesothelioma law firms can handle the process for you. Top asbestos lawyers in New Mexico know the procedures to file a mesothelioma lawsuit and the right jurisdiction for your case.

New Mexico Legislative Changes

• Statute 41-2-1: New Mexico courts may award punitive damages in addition to economic damages and compensation for pain and suffering. This can happen in cases where companies show particularly harmful behavior.
• Statute 41-3A-1: In asbestos exposure cases involving deliberate negligence, New Mexico follows a rule called joint and several liability. This rule lets you recover full compensation for asbestos exposure from any defendant. This way, if some companies responsible for the exposure don’t exist anymore, you can still get fair compensation.
• Statute 52-1-6: New Mexico laws effectively prohibit mesothelioma lawsuits and claims against employers. Asbestos exposure is technically covered under workers’ compensation laws, but patients must receive a disability diagnosis within 10 years of ending employment, and the exposure to asbestos dust must have happened continuously over 1,250 work shifts, or about 5 years.

New Mexico’s asbestos laws present unique challenges and opportunities for mesothelioma patients. The state’s strict workers’ compensation requirements mean most successful claims target product manufacturers and suppliers rather than direct employers. Your attorney evaluates whether your case qualifies for punitive damages or joint and several liability provisions, which can significantly increase compensation when defendants acted with deliberate negligence or when some responsible companies no longer exist.