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Individuals in Alabama who are diagnosed with mesothelioma are typically exposed to asbestos in various occupational settings. Alabama employers commonly used asbestos in manufacturing and other industrial settings due to their heat resistant and insulating properties. Individuals who worked in manufacturing or construction professions before the 1970s were at a greater risk of exposure than individuals in other operations. Workers in industrial settings like oil refineries and factories were often exposed. The material was used in various applications, such as insulation, fireproofing, car parts, airplane parts and pipes. If you have mesothelioma or another asbestos related illness its important to contact a lawyer to learn about your legal rights.
Alabama primarily relied on agriculture to support its local economy until about World War II when It became an integral location for manufacturing war-related materials and ship building for the United States Navy.
Many ships were built off the Alabama coast. These shipyards used asbestos to construct ships and other vessels. The state benefited economically from large U.S. Maritime Commission government contracts, which began with projects in 1941 when four shipbuilding berths were constructed, stemming from a $19 million contract. This contract later developed to 12 different projects, including the construction of T2 tankers. Some shipyards had tens of thousands of workers on staff. More than 2,800 commercial ships were built in some of these shipyards. After war efforts, shipyards were used to make repairs. During the construction and repair process, many workers could have been exposed to asbestos fibers.
While most exposure comes from occupational settings, some people may develop mesothelioma and asbestosis because of naturally-occurring asbestos, such as those that are located near the Georgia state line, just north of Auburn on the Appalachian Mountains. Alabama has nine known sites of naturally occurring asbestos. Deposits derived from asbestos mining possibilities that were never really brought into fruition could still expose individuals to this dangerous material.
Options Available for Mesothelioma Victims in Alabama
Alabama mesothelioma victims have many important factors to consider once they receive a diagnosis, starting with their treatment options. Mesothelioma is a serious disease with a high mortality rate. Due to a long latency period, many victims are not aware that they have mesothelioma until the disease is in its later stages. This makes it critical that victims create a comprehensive treatment plan as soon as possible.
Mesothelioma victims often deal with overwhelming issues, such as figuring out if insurance will pay for their care, who will take care of their family and what they should do. Our attorneys can help you figure out these important matters. Our Alabama lawyers are more than just legal counsel; they are compassionate advocates for you and your family who are ready to assist with these overwhelming issues. We can help you come up with a plan and explain the first steps you should contact.
Contact our Alabama Mesothelioma Lawyer Advocates today.
Why Should I File a Mesothelioma Claim or Lawsuit?
A mesothelioma claim or lawsuit may be able to help you secure financial compensation. Mesothelioma treatment is often very expensive, and a successful claim can get your medical bills paid. Additionally, it can alleviate other financial burdens so that you can concentrate on your recovery.
Also, a mesothelioma claim or lawsuit is the only way to get justice. Through asbestos litigation, it has been revealed that many asbestos companies knew about the dangers of their products and still continued to subject others to them in the interest of maximizing profit.
Mesothelioma victims have a limited amount of time to initiate a claim due to the statute of limitations, so it is important that you act quickly to preserve your rights.
Does My Mesothelioma Attorney Need to Be in Alabama?
Even though you live in Alabama, your claim may not be filed there. Different states have different rules about determining the jurisdiction for various types of cases. Sometimes, these types of cases are filed in the state where the business in question is headquartered, where you worked or where it conducted various operations. Sometimes other states may have more favorable laws or a history of positive plaintiff awards that make another forum a better option to file your case.
A qualified mesothelioma attorney will come to you, so you don’t have to worry about having to travel or being competently represented if your attorney is out of state. Attorneys can attend hearings at an Alabama courts on your behalf in cities such as:
Birmingham | Montgomery | Mobile | Huntsville | Tuscaloosa | Hoover | Dothan | Auburn
What to Look for in an Alabama Mesothelioma Lawyer?
There are many mesothelioma lawyers that you can choose from, so it is important that you select an attorney who is the best fit for you. Look for the following characteristics in your mesothelioma lawyer:
- Someone you can talk to — It is important that you choose a lawyer who you are comfortable talking to because you will be sharing intimate details with him or her. You will discuss your health, work history and how the disease has affected you, so you want to be sure you can talk candidly with your lawyer.
- Proven track record — It is also important that you retain an attorney with an established track record of success. Mesothelioma cases are complex and require assistance from a lawyer who is experienced with these types of cases.
- Ample trial experience — Your mesothelioma lawyer should have trial experience. While most asbestos cases are settled out of court, some do go to trial. It is also important that the asbestos company knows that you are prepared to go to trial, if necessary, so that they have an incentive to settle your case.
- Willing to travel — A qualified mesothelioma lawyer can travel to where his or her clients are. You should not have the burden of having to travel to see your lawyer.
- Experienced with asbestos trust fund claims — An asbestos trust fund claim may be available to you or your family. It is important that you work with a lawyer who is knowledgeable about the criteria to receive compensation from one of these claims and who can help process your claim.
- Experienced with Veterans Administration — If you are a veteran, you may be eligible for benefits due to mesothelioma. Select a lawyer who can help you secure all of the benefits to which you are entitled so that you have compensation while your case is pending.
- Knowledgeable about the value of your claim — An experienced lawyer should be knowledgeable about the value of your claim. After assessing your damages, he or she should be able to evaluate your potential compensation based on the facts of your case.
Quick Links:
Asbestos Defined By Alabama
Alabama Asbestos Regulatory Agencies
Alabama Asbestos & Mesothelioma Statistics
Alabama Laws Concerning Asbestos
Alabama Statute Of Limitations
Alabama Asbestos Trust Funds
Alabama Mesothelioma Verdicts and Settlements
Alabama Asbestos Exposure Site List
Alabama Mesothelioma Law Firms
Asbestos Defined by the State of Alabama
Alabama’s Asbestos Contractor Accreditation Act includes the following important definitions related to asbestos:
- Asbestos – the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite grunerite); anthophyllite; tremolite; and actinolite.
- Asbestos-containing material – any material or product in or on a public and commercial building or in a school building which contains more than one percent (1%) asbestos.
- Asbestos-containing building material – surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on a public and commercial building or interior structural members or other parts of a school building.
Alabama Asbestos Regulatory Agencies
Alabama’s state asbestos regulatory agency is the Alabama Department of Environmental Management Air Division. Federal agencies are also tasked with regulating the use of asbestos. The United States Environmental Protection Agency is responsible for developing and enforcing regulations to protect the general public from exposure to contaminants, including asbestos. The Occupational Safety and Health Administration is responsible for implementing and enforcing safe work procedures and policies.
Mesothelioma Diagnoses in Alabama
Alabama has the 19th highest rate of diagnoses from asbestos exposure of all the states. From 1999-2013, a minimum of 3,137 Alabama residents have been diagnosed with asbestos-related illnesses. This includes at least 496 diagnoses from mesothelioma, 688 diagnoses from asbestosis and 1,984 diagnoses from non-mesothelioma lung cancer. Alabama has at the very least a diagnosis rate of about 10.93 per million as of 2015, according to the Centers for Disease Control and Prevention. St. Clair County ranks among the top 50 counties in the country with the highest mesothelioma diagnosis rates.
Primary Asbestos Laws in Alabama
Alabama has a series of asbestos laws that impact claims related to asbestos exposure. Some of the most important laws include:
Statute of Limitations
The statute of limitations is the deadline by which a personal injury victim must file a lawsuit to prevent his or her claim from being time-barred. In Alabama, the statute of limitations for personal injury claims is two years. Asbestos exposure may not result in mesothelioma until decades after the initial exposure.
Alabama courts previously interpreted the statute of limitations to run from the date of last exposure, which was problematic for plaintiffs who were not diagnosed with mesothelioma or other medical conditions until years after this exposure. However, the Alabama legislature later added a “discovery rule” that stated that the statute of limitations does not begin to run until a person discovered the illness or should have reasonably discovered the illness. The law did not apply retroactively, so the discovery rule is only valid if the exposure occurred after May 19, 1979. The Alabama Supreme Court further elaborated on the running of the two-year statute of limitations, stating that it did not begin until there is a “manifest, present injury.”
The two-year deadline also applies in wrongful death cases, in which it runs from the date of the victim’s death.
Alabama Court Exposure Standard
Some courts across the country have instituted a specific asbestos exposure standard before allowing a plaintiff to collect damages alleged from asbestos exposure. For example, one common standard is the Lorhmann test, in which the plaintiff must show exposure to the defendant’s product “on a regular basis over some extended period of time.” Another common court standard is the substantial factor standard. However, Alabama courts are more liberal with the standard, allowing any exposure expert witness to testify about how exposure could have occurred. They have specifically found that neither of the two tests must be met so long as the evidence is sufficient to establish causation.
Alabama Laws Regulating Asbestos Abatement
Because asbestos is a dangerous material, it is important that it is safely removed when demolishing or renovating buildings. Contractors in Alabama must follow specific laws when removing asbestos, including:
- The contractor must provide notice in writing to the state regarding the type of asbestos that will be disturbed and the method that will be used to remove and dispose of asbestos at least ten days before beginning such removal.
- Anyone who plans to remove asbestos must be certified by the state.
- Asbestos removal technicians must follow guidelines by the Occupational Health and Safety Administration.
- Public school buildings that were built with asbestos must be regularly inspected and maintained.
Alabama Asbestos Trust Funds
Several asbestos manufacturing companies were forced to file bankruptcy after being found liable for the injuries their asbestos-containing products caused, such as mesothelioma and other medical conditions that people who were exposed to them suffered. Under the terms of such bankruptcy cases, corporations were sometimes allowed to reorganize so that they could stay in business. Several of these businesses placed corporate assets into trust funds to pay current and future victims who developed asbestos-related diseases caused by their products. A specific section of the U.S. Bankruptcy Code even encourages corporations to establish such trust funds. Several companies have done this while remaining in business. Two Alabama trust funds include:
Rock Wool Manufacturing Company Asbestos Trust
Rock Wool products that contained asbestos included insulation cements. The company filed bankruptcy in 1996 after facing approximately 150,000 lawsuits. The company headquarters is located in Leeds, Alabama.
Shook & Fletcher Asbestos Settlement Trust
This company filed bankruptcy in 2002 to face the liability related to producing products that contained asbestos. It has a payment percentage of 76%, which is higher than most asbestos trusts. It is believed to have sufficient resources to pay claims from affected workers with estimated funds of $109,000,000. The company headquarters is located in Birmingham, Alabama.
There are also national trust funds that may be available to pay claims for workers and others injured by asbestos-containing materials. A mesothelioma lawyer can discuss which trust funds may be available to compensate you for your damages.
Mesothelioma and Asbestos Lawsuits in Alabama
Alabama has had a series of successful settlements and verdicts for individuals adversely impacted by mesothelioma and asbestos. Noticeable victories in the courtroom disclosed from public news sources and represented by unaffiliated law firms include:
- Browns Ferry Nuclear Plant – An individual was diagnosed with pleural mesothelioma. Her husband worked at the nuclear plant for 22 years, cleaning up after insulators and asbestos workers. She cleaned his laundry all of these years and was exposed to secondhand asbestos from her husband’s work clothes. In 2015, a jury awarded her daughters a considerable amount after they sued for wrongful death when their mother died in 2013.
- Carborundum Co. – 21 Alabama steelworkers sued the steel mill in 1998 that exposed them to asbestos. The jury found the company acted with gross negligence and malice by exposing workers to harmful amounts of asbestos, awarding them significant amount in actual damages and an enormous amount in punitive damages.
- Alabama Drydock and Shipbuilding – 1,000 former workers of the company filed a lawsuit to collect their pensions from the company in 1992. Several years later, the company used a hefty amount of pension reversion to pay fines for exposing its employees to asbestos.
Alabama Asbestos Exposure Site List
Some of the locations where workers and others could have been exposed to asbestos in Alabama include:
- McClellan U.S. Army base – Ft. McClellan
- Maxwell Air Force Base – Montgomery
- Rucker U.S. Army Aviation Base – Ft. Rucker
- Anniston Army Depot – Anniston
- Austal USA – Mobile
- Alabama Drydock and Shipbuilding – Mobile
- Steiner Shipyard – Bayou La Batre
- Bender Shipbuilding and Repair Company – Mobile
- Gulf Shipbuilding Company – Chickasaw
- Watermans Shipyard – Mobile
- Gulf States Steel Mill – Gadsden
- Republic Steel Corporation – Gadsden
- Pipe and Foundry Company – Birmingham
- Hunt Refining Company – Tuscaloosa
- James M. Barry Electric Generating Plant – Bucks
- International Paper – Selma
Alabama Mesothelioma Law Firms
We have relationships with many mesothelioma law firms across the United States. If you are located in the following Alabama locations, we can come to you to discuss your mesothelioma claim options:
- Huntsville
- Mobile
- Birmingham
- Auburn
- Montgomery
Other Alabama towns were our law firm will visit include: Decatur, Gadsden, Florence, Bessemer, Madison, Prichard, Phenix City, Homewood, Vestavia Hills, Prattville, Anniston, Opelika, Alabaster, Enterprise, Mountain Brook, Selma, Northport, Athens, Albertville, Daphne, Hueytown, Talladega, Ozark, Alexander City, Scottsboro, Oxford, Pelham, Jasper, Cullman, Troy, Eufaula, Fort Payne, Trussville, Sylacauga, Fairhope, Fairfield,Saraland, Hartselle, Muscle Shoals, Tuskegee, Gardendale, Leeds
