Utah Mesothelioma Lawyers

Filing an Asbestos Claim in Utah

Filing an asbestos lawsuit in Utah can be a complex process. While Utah may not be known for the largest asbestos verdicts in the country, residents still have the right to seek justice and compensation. Because these cases often involve several different companies and dynamic legal procedures, it’s important to hire an experienced attorney who can help.

Key Facts About Filing Claims in Utah

1. The statute of limitations in Utah for asbestos personal injury lawsuits is 3 years from the date of diagnosis with an asbestos-related illness. The time limit is 2 years for wrongful death claims.
2. Utah requires you to provide a sworn declaration with details about the defendants within 21 days of filing. The declaration provides the basis for each claim against every defendant.  
3. Plaintiffs in Utah must disclose all asbestos trust claims they have filed no later than 120 days before the set trial date.

If you or a loved one has been diagnosed with mesothelioma in Utah, talking to a lawyer who specializes in these cases is important. A Utah asbestos lawyer can explain your rights, investigate your exposure and help you file an asbestos lawsuit correctly.

They understand Utah’s legal procedures and can work to get you the most compensation for your claim. The legal process is difficult to navigate on your own. Having a qualified asbestos lawyer on your side helps you file a strong claim.

How Can Hiring an Asbestos Lawyer in Utah Help Me?

You should choose a mesothelioma lawyer who understands Utah’s asbestos litigation laws. Each state sets its own laws on the litigation process. Utah’s asbestos litigation rules tend to favor defendants compared to some other states. A top attorney knows how to navigate complex rules.

For example, the state now allows secondary exposure lawsuits as of 2021. However, the courts have yet to rule in favor of an asbestos plaintiff bringing such a case. This highlights the value of hiring Utah asbestos lawyers with records of success.

Utah Mesothelioma Law Firms

The best Utah mesothelioma law firms know the state’s history with asbestos litigation. A law firm with a proven track record in Utah is essential for success. They’ll have secured settlements and verdicts for cases like yours.

Asbestos law firms in Utah can help you regardless of the state’s tendency to favor defendants. Not only can they help you file a personal injury or wrongful death lawsuit, but they can also assist you with filing claims with asbestos trust funds.

Nationwide Asbestos Law Firms Outside Utah

Utah residents may also consider hiring a national mesothelioma law firm. National firms have licenses to practice throughout the U.S. These firms have taken on large asbestos manufacturers that acted negligently.

Firms with nationwide reach can help you file in another state if you qualify to file elsewhere. More than 50% of all asbestos plaintiffs file outside of the state they live in, according to a 2019 KCIC industry report. They may file in the state where they were exposed, or where the defendant is headquartered, for example.

Asbestos Settlements and Verdicts Awarded in Utah

Asbestos litigation in Utah isn’t common compared to some other states. Many cases end in a mesothelioma settlement rather than a jury verdict. While Utah may not be known for big verdicts like some jurisdictions, people can still pursue legal action.

A Salt Lake City jury awarded more than $5.2 million in damages to mesothelioma patient Vickie Warren in 2010. She developed mesothelioma from using joint compound containing asbestos. The jury found Georgia-Pacific and Hamilton Materials liable for making the joint compound. It also found Union Carbide liable for supplying the asbestos.

In November 2021, the Utah Supreme Court ruled that companies may be held liable for secondary asbestos exposure-related illnesses. The case involved Larry Boynton, who lost his wife to mesothelioma following exposure to asbestos he brought home on his clothing throughout his career as an electrician. The case is ongoing.

Asbestos Regulations and Laws in Utah

Utah has strict rules about how asbestos is handled. In addition to state laws, it also integrates federal legislation. These rules are designed to protect people from exposure and ensure asbestos work is done safely. The Utah Division of Air Quality is mainly in charge of enforcing these rules. 

Laws Governing Asbestos in Utah

• Utah Administrative Code R307-801: This code outlines specific work practices for asbestos abatement projects, aiming to minimize fiber release and protect workers and the public. It includes licensing requirements for contractors and proper disposal methods.
• Utah Occupational Safety and Health Act: While this is a broader law, it includes rules about workplace exposure to asbestos, setting limits on how much asbestos workers can be exposed to.

If you’re planning an asbestos project, contact the Utah Division of Air Quality. They can review the project and advise on how to proceed. 

How Are People Exposed to Asbestos in Utah?

Utah’s sources of asbestos exposure included naturally occurring asbestos deposits and industrial job sites. The mineral appears naturally in the state’s Wasatch Mountains, Avintaquin Canyon and Baer Canyon. 

Mining was one of Utah’s most prosperous occupations. But it puts many workers at risk of inhaling asbestos. The Tremolite No. 1 Mine was Utah’s only mine dedicated to asbestos. Asbestos fibers were also found in calcite and marble mines in the state.  

Sites Known for Asbestos Exposure in Utah 

• Highland Boy Mine
• Hunter Power Plant
• King David Mine
• Millcreek Power Generation
• Naughton Power Plant
• North Salt Lake Refinery
• Pack Rat Tremolite Prospect
• Salt Lake City Refinery
• Woods Cross Refinery
• Tremolite No. 1 Mine

Workers who handled asbestos at any stage between its natural state and its use as a finished product may have inhaled loose fibers. Utah residents exposed to asbestos fibers became at risk of mesothelioma and related diseases.

Occupational Asbestos Exposure in Utah

Occupational exposure in Utah occurred in commercial and industrial sectors. Power plants, refineries and factories across Utah used asbestos for insulation purposes. Asbestos prevented serious fires in oil refineries, for example. Mining operations used asbestos in machinery parts. 

These facilities commonly used contaminated insulation on their machinery. Workers risked inhaling the fibers when they operated, installed or repaired equipment. Families of asbestos workers can be at risk of secondary asbestos exposure. 

Higher-Risk Jobs in Utah

• Chemical production worker
• Construction worker
• Manufacturing worker
• Military personnel
• Mining worker
• Power generation worker
• Steel mill worker
• Vermiculite processing worker

The greatest risk of exposure took place in asbestos-contaminated mines. Miners often used rough techniques to remove the mineral from the earth, releasing the fibers into the air where they could be inhaled. However, even workers who didn’t encounter the material in the mines may have inhaled it when they operated mining equipment.

Utah companies have exposed workers to different types of asbestos products. Examples include Utah Power and Light, Vermiculite Intermountain and Intermountain Products. 

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