Mesothelioma Claims in Owensboro, KY
Mesothelioma Claims in Owensboro, KY: What You Need to Know
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Mesothelioma Claims in Owensboro, KY: What You Need to Know
While there are no known naturally-occurring asbestos deposits in Kentucky, that doesn't mean it's not a concern for its residents. Asbestos was once hailed as a miracle ingredient, owing to its resistance to heat and chemical reactions as well as strengthening other materials when the mineral was added to compounds. While the use of asbestos-containing materials is largely banned in the U.S., it can still be found in products like gaskets and brake pads.
Asbestos exposure is the primary cause of mesothelioma, and cancer can take up to 50 years to develop. Exposure can happen almost anywhere where asbestos-containing materials are present, which is a big problem since many of the homes in Owensboro were built during the heyday of asbestos use. Furthermore, certain Kentucky industries relied on asbestos, which left employees and their families vulnerable to asbestos exposure.
Suppose you or a loved one has developed mesothelioma. In that case, you may be interested in mesothelioma claims in Owensboro, KY: What you need to know will be laid out in this article, along with how Morgan and Morgan can help.
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How Can I File a Mesothelioma Claim in Owensboro, KY?
What you need to know is that residents of Owensboro, KY, who have developed an asbestos-related illness such as mesothelioma, may have multiple options for filing a claim for compensation. Many Kentucky companies used raw asbestos to create products to insulate heavy machinery. Furthermore, many asbestos-containing products were used in the day-to-day operations of Kentucky businesses. All of which led to workers being exposed to asbestos and creating high-risk situations.
At Morgan and Morgan, we believe that no worker or their family should bear the burden of paying for life-altering illnesses when they had no responsibility for their asbestos exposure. Mesothelioma lawsuits provide a pathway to be compensated for exposure and subsequent illnesses. Our mesothelioma lawyers can help determine if filing a claim in Owensboro is your best strategy. It may be that filing a lawsuit in another jurisdiction would better serve you. Fortunately, our services are available nationwide.
Although lawsuits typically make wrongdoers realize that we mean business, most claims will be settled out of court because bad actors know a lawsuit can be lengthy, and costly. They open themselves up to vulnerability when a jury is left to decide how much to award. The average settlement for a mesothelioma claim is $1 million, but it always depends on the factors surrounding the claim. When you go through with a trial, there is always a chance the jury will side with the opposition. A settlement is a quicker and guaranteed win. Unfortunately, many mesothelioma victims don't have time on their side.
To file a mesothelioma claim in Owensboro, KY, we recommend you reach out to Morgan and Morgan's mesothelioma lawyers today.
What Is the Statute of Limitations in Kentucky for Mesothelioma Claims?
As with all civil claims, Kentucky recognizes a statute of limitations as a deadline for filing a claim for any potential wrongdoing. However, every mesothelioma claim is unique. There may be extenuating circumstances that will impact how much time you have to file. Generally, you should file a claim as soon as you know of the mesothelioma diagnosis. We'll work with you to determine the best course of action to get compensation.
How Are Victims of Mesothelioma Compensated?
There are many routes to gaining compensation from negligent asbestos companies. One of which is mesothelioma trust funds that were established when asbestos companies went bankrupt from all the asbestos-related lawsuits. When these companies filed for bankruptcy, the courts stepped in and organized trust funds to be created for future victims of the businesses' negligent acts.
People who have developed mesothelioma or other asbestos-related diseases may be able to gain compensation from multiple trust funds. A critical aspect of these options is to have experienced legal representation. To make a successful claim, evidence is crucial that one or more of these businesses are the source of your cancer diagnosis. We'll work with you to establish this evidence to prove your eligibility.
Victims of mesothelioma, people who have lost a loved one, and family members exposed to asbestos second-hand may all be eligible to submit a trust fund claim. Billions of dollars are available in these asbestos trust funds; however, how much you may qualify for will depend on a variety of factors such as:
- What type of asbestos-related illness you have been diagnosed with
- The payment schedule that was established by the trust
- The trust's current payment percentage
Unfortunately, because mesothelioma may take decades to develop, these trusts have to use estimations for future claimants, which will impact how much you receive. Typically, a settlement will be less than the claim's actual value to ensure enough is left for individuals who may become sick in the future.
Other compensation options for mesothelioma include an asbestos lawsuit, personal insurance, veterans benefits, and Social Security Disability Insurance.
What Are the Criteria for a Trust Fund Claim?
Trust funds will outline the criteria for a successful claim. These are standard criteria:
- When you were exposed to asbestos
- Where you were exposed to asbestos
- Documentation of an asbestos-related diagnosis
- Evidence and information of the asbestos-containing products you were exposed to
- Statutes of limitations
What Kind of Evidence and Information Is Needed for a Trust Fund Claim?
Morgan and Morgan attorneys will work with you to establish the required evidence and information required, which may include:
Your diagnosis - Medical records should establish the presence of mesothelioma or asbestos-related disease.
Doctors statement - Your physician must provide an official statement confirming your diagnosis.
Exposure site - We'll work with you to gather evidence of your exposure to asbestos which may include work records, witness statements, and other information.
Asbestos connection - This will be medical documentation that shows the extent to which asbestos resulted in your illness.
The criteria and evidence required for a trust fund claim will be similar if you choose to proceed with a mesothelioma lawsuit.
How Was Asbestos Used in Kentucky Workplaces?
Although asbestos exposure can happen at home, some Kentucky workplaces are known to have exposed individuals to the deadly mineral.
Chemical plants - The most lethal kind of asbestos is known as crocidolite or "blue asbestos. It's particularly lethal because it's the most brittle kind of asbestos. The Louisville Chemical Plant and Alcoa Aluminum relied on blue asbestos because of its ability to resist caustic chemicals.
Oil refineries - Somerset Refinery and Marathon Refinery of Kentucky relied heavily on the use of asbestos because of its durability. Exposure to the mineral puts workers and families at risk of developing mesothelioma and other asbestos-related diseases.
Natural gas pipelines - Asbestos has been a proven, effective, and durable component for protecting steel pipes from corrosion. As such, it's been used at the Texas Gas Transmission Company in Owensboro and has coated every square inch of the old building at 3800 Frederica Street.
Power plants - Because of the fire-resistant properties of asbestos, power plant operators, such as those at the Paradise Power Plant and Owensboro Municipal Utilities, thought using the mineral would protect workers from fires from turbines and generators, and boilers. However, we now know the hazards.
Military - Fort Campbell, Fort Knox, and Fort Thomas used asbestos throughout the construction of their military bases. Service personnel and maintenance workers were put at risk for asbestos exposure. About one-third of all new mesothelioma cases each year are American veterans.
Schools - Older buildings are known to have asbestos used during construction, putting children and staff at risk. Some schools that have been identified as having asbestos in their construction plans are Eastern Kentucky and Murray State Universities, Carroll County High School, and Ballard Elementary.
What Industries Have the Highest Exposure to Asbestos?
Some industries leave workers vulnerable to asbestos exposure. Here are the most common:
Industrial workers - Workers that do manual labor are considered industrial workers and may have job titles like a mechanic, welder, smelter, and molder. Since most industrial processes generate a great deal of heat, asbestos has been used for its insulating properties. Frequently, power tools used to drill, grind, or cut during the repair of machinery will release asbestos particles into the air, making it very hazardous to these workers.
Furthermore, the workers' protective gear, like gloves, aprons, jackets, and pants, had asbestos-containing cloth for operations because of the same fire-retardant properties. Before the 1970s, the industrial plants where workers performed their jobs would have flooring, ceiling tiles, and asbestos-containing insulation. Iron, steel workers, and industrial insulators have some of the highest risks for asbestos exposure and asbestos-related disease.
Firefighters - Since asbestos has been used for decades to make construction materials, firefighters are often exposed to asbestos when fires release large amounts of asbestos into the air. Asbestos was used in drywall board, masonry cement powder, roofing shingles, paint, electric wiring, wall and ceiling insulation, and adhesives and sealants.
Asbestos fibers are released into the air when a fire happens in one of these older buildings. A firefighter may breathe or swallow these microscopic fibers, which may later lead to mesothelioma. Even after the fire is out, asbestos can be present in the ash and the remaining damaged structure.
Additionally, firefighters were exposed to asbestos from the protective gear they wore. Again, asbestos has excellent fire-retardation capacities, so it was used in gloves, boots, helmets, and suits to protect firefighters. Firefighters might have unknowingly exposed family members to asbestos if their gear wasn't cleaned properly.
Of course, many of the 9/11 first responders were firefighters and the shock of that day led many firefighters to forgo protective breathing gear as they rushed to help victims. This left them vulnerable to inhaling asbestos released into the air that fateful day and afterward.
Construction workers - As stated previously, asbestos was used abundantly in construction materials leaving construction workers vulnerable to asbestos exposure. Construction workers that work in demolition and renovation are particularly at risk. Almost every residence, business building, and factory in America had asbestos-containing materials in its structure, and many still do.
The act of cutting, drilling, and sanding will release asbestos into the air where a construction worker might breathe it in, or ingest it. Second-hand exposure to family and coworkers would be common as the worker wore asbestos-contaminated clothing.
Shipyard workers - Both military and private sector shipyard workers have a high risk of asbestos exposure as it was used in just about every level of shipbuilding. Once again, asbestos was used because it's flame retardant, and a fire at sea would have significant consequences.
The material was delivered to the shipyard, where loaders and unloaders of the construction materials would be exposed to asbestos. The construction, decommission, repairs, and maintenance of ships would expose many workers, especially laggers and pipe fitters.
Every shipyard worker was exposed to asbestos between World War II and the Vietnam War. It was hard to find a place on a Naval ship that didn't contain asbestos, including sleeping quarters and bedding.
Mesothelioma Claims in Owensboro, KY: What You Need to Know
Now we are aware of the dangers of asbestos exposure. However, thousands of people die yearly because of mesothelioma and other asbestos-related cancers. It's wrong to let the companies that produced and used asbestos-containing products get away with their terrible acts of negligence. Many of these businesses were well aware of the risk yet went after profit instead. You and your family deserve to be compensated for their deplorable greed. We are here to help. Whether it's getting you compensation from a trust fund or a lawsuit, we're prepared to fight for your rights. Our compassionate lawyers will work to ensure you maintain your dignity, get the medical help you need, and set your family up for future success. Contact us today for a free case evaluation.