West Virginia Mesothelioma Lawyer
Written by: R. Scott Marshall
How a Mesothelioma Lawyer in West Virginia Can Help
West Virginia’s complex process for filing asbestos claims makes it hard for families coping with a mesothelioma diagnosis to get fair compensation. To avoid mistakes, it’s vital to have a West Virginia mesothelioma lawyer who has experience in these courts fighting for you. With national resources and decades living and working in West Virginia, the Nemeroff Law Firm is an ideal partner.
What Your West Virginia Mesothelioma Attorney Will Handle
- Explaining filing deadlines and legal requirements for West Virginia
- Filing claims in all West Virginia counties and districts
- Finding likely exposure locations and high-risk worksites, such as power plants and factories
- Locating and filing asbestos trust fund claims when available
- Negotiating fair settlements
Our asbestos attorneys have extensive experience with the judges in West Virginia who oversee mesothelioma cases. We know what to expect and how to maximize compensation for mesothelioma survivors and their families.
How We Help People Facing Mesothelioma in West Virginia
The Asbestos and Silica Claims Priorities Act in West Virginia puts a heavy burden of proof on the person filing an asbestos-related lawsuit. Plaintiffs can feel overwhelmed, but an experienced mesothelioma attorney can address those concerns, explaining available options and recommending strategic solutions.
Nemeroff asbestos lawyers in West Virginia have been helping local families for more than 30 years. One member of our team who lives in West Virginia has more than 50 years of experience with asbestos lawsuits.
Over the years, we have secured important legal victories and settlements, many worth millions of dollars. We have an excellent reputation in West Virginia’s legal system.
Asbestos Compensation in West Virginia
In West Virginia, compensation for asbestos-related injuries can cover medical expenses for hospitalization, ongoing care and damages for lost income. In wrongful death lawsuits, families can also sue for mental and emotional suffering, accrued medical expenses, funeral costs and compensation for the loss of a provider.
On average, mesothelioma patients in the United States obtain damages of $1 million to $2 million. The details of every case are unique, but many West Virginia asbestos lawsuits have resulted in multimillion-dollar settlements. Nemeroff Law Firm searches for every available avenue to help families get fair compensation, including insurance companies.
Nemeroff Law Firm’s Notable Mesothelioma Settlements
One advantage of working with a local law firm that focuses on mesothelioma cases is that the big companies know our history of major victories. So they’re more likely to offer a fair settlement when we negotiate with them on your behalf.
Recent West Virginia Cases Nemeroff Law Firm Has Handled
- $4.6 million: settlement for an insulator
- $3.45 million: settlement over take-home exposure
- $2.9 million: settlement over take-home exposure
- $2.45 million: settlement for an engineer
- $2.4 million: settlement for a worker
- $2.030 million: settlement for a worker
- $945,000: settlement over take-home exposure
Nemeroff attorneys keep the best interests of mesothelioma patients in mind. To protect our clients, we’ve successfully argued cases before the West Virginia Supreme Court. In one case, Nemeroff helped restore a spouse’s rightful benefits after lawmakers tried to rewrite the law.
Filing a Mesothelioma Claim in West Virginia
There is a two-year statute of limitations for personal injury and wrongful death lawsuits in West Virginia. Plaintiffs must present specific evidence on time. Mesothelioma patients shouldn’t delay in contacting an attorney.
Key Facts About Filing West Virginia Mesothelioma Claims
- The statute of limitations for asbestos-related personal injury and wrongful death claims is two years.
- Families can file personal injury lawsuits, wrongful death claims and asbestos trust fund claims.
- West Virginia used modified comparative fault for recovering damages.
- One court handles all asbestos cases in West Virginia.
Mesothelioma lawsuits in West Virginia require proof of injuries and exposure, including an official diagnosis, X-rays and other medical records. Nemeroff Law Firm can handle the evidence-gathering process, alleviating the burden on families.
Common Sources of Asbestos Exposure in West Virginia
Asbestos exposure often happened in industrial hubs, including the Kanawha River Valley. Workers in Charleston, Huntington, Nitro, Belle, Clarksburg, Parkersburg, Williamstown, New Martinsville, Wheeling and Weirton came into frequent contact with asbestos on the job.
In the past 25 years, there have been more than 3,000 deaths in West Virginia from asbestos-related illnesses. Past exposure is a main factor in mesothelioma cases, but asbestos is still a risk in older West Virginia buildings. For example, a 2024 court case involved asbestos on the campus of Fairmont State University and other schools.
Coal Mining
At its peak, West Virginia’s coal mining industry produced more than 180 million tons of coal. In the 1950s, more than 120,000 West Virginians worked in mining. Thousands of workers were exposed to asbestos-containing parts in mining machinery, such as brake linings and insulation.
Coal Companies That Exposed West Virginia Workers
- ACME Cabin Creek Consolidated Coal Co.
- Ben Franklin Coal Company
- Consolidation Coal Company
- Putnam Coal Mines
- West Virginia Southern Coal Co.
Other common sources of asbestos fibers in the mines included welding blankets and asbestos-cement panels. Many workers faced daily exposure for years or decades.
Manufacturing
West Virginia is home to major chemical manufacturing plants, petrochemical refineries, steel mills and glass production factories. Brands such as DuPont, Union Carbide and Libbey Glass employed countless workers in the Ohio River Valley and Kanawha Valley.
Manufacturers That Exposed Workers to Asbestos
- Century Aluminum, Ravenswood, WV
- DuPont Washington Works, Washington, WV
- DuPont, Belle, WV
- Elkem Metals, Alloy, WV
- Fourco Glass, Clarksburg, WV
- Kaiser Aluminum, Ravenswood, WV
- PPG, New Martinsville, WV
- Mobay, New Martinsville, WV
- Union Carbide, Institute, WV
- Union Carbide, South Charleston, WV
- Weirton Steel, Weirton, WV
- Wheeling-Pittsburgh Steel, Wheeling, WV
Several of these chemical plants were put on the EPA’s National Priority List of asbestos Superfund Sites, such as Fike Chemical. Because of the high temperatures required in production, asbestos-containing construction materials and insulation were common in manufacturing industries.
Power Production
West Virginia’s coal-fired power plants exposed maintenance workers, engineers, pipefitters, building contractors and other laborers to asbestos. Workers applied asbestos coatings to pipes, boilers, turbines and pressure vessels. Fireproof building materials had high concentrations of the toxic fibers.
Power Plants Where Workers Were Exposed
- Albright Power Station, Albright, WV
- Allegheny Energy Supply, Parkersburg, WV
- Fort Martin Power Plant, Maidsville, WV
- John E. Amos Power Plant, Winfield, WV
- Monongahela Power Company, Fairmont, WV
- Mount Storm Power Station, Bismarck, WV
- Pleasants Power Station, WIlliow, WV
Asbestos even appeared in rubber gaskets, caulk and joint compounds. These old materials released asbestos fibers into the air when maintenance workers replaced them.
Occupations & Industries Known for Asbestos Exposure in West Virginia
Asbestos exposure was a major hazard for commercial and industrial workers in West Virginia. The problem affected maintenance personnel and laborers working with industrial machinery in power plants, petrochemical plants and glass factories. Many work tasks released asbestos fibers into the air, often affecting managers and third-party contractors.
Jobs Linked to Asbestos in West Virginia
- Electricians
- Industrial workers and engineers
- Machine operators
- Maintenance workers and insulators
- Miners
- Pipefitters and steamfitters
- Welders and construction workers
When companies ignored safety procedures, it was common for workers to unknowingly carry asbestos fibers home on their clothing. This secondary exposure caused cases of mesothelioma and lung cancer in family members. Asbestos lawsuits are a way to hold negligent manufacturers accountable.
Get a Free West Virginia Mesothelioma Case Evaluation
Let the Mesothelioma Attorneys at Nemeroff Law Firm Help You
At Nemeroff Law Firm, our team has the legal expertise that mesothelioma patients and their families need to navigate West Virginia’s claims process. We make things as simple as possible, helping patients minimize stress and focus on spending time with their loved ones.
Our team of mesothelioma lawyers in West Virginia has more than 150 years of combined experience. Our founder Rick Nemeroff belongs to the prestigious American Board of Trial Advocates. We know the legal avenues for asbestos-related compensation in West Virginia. Choose the legal team with an outstanding reputation for delivering results.
Office location:
Nemeroff Law Firm
437 Grant Street, Suite 1301
Pittsburgh, PA 15219
724-602-9364
Frequently Asked Questions About West Virginia Mesothelioma Claims
Q. How long do I have to file a mesothelioma claim in West Virginia?
Patients have up to two years to file a mesothelioma lawsuit in West Virginia, usually starting from the date of diagnosis. In the case of wrongful death lawsuits, family members have two years after their loved one’s death.
Q. How does West Virginia’s modified comparative fault work for damages?
In West Virginia, defendants in court cases are only responsible for their percentage of fault. When several companies are responsible for asbestos exposure, they each pay a portion. Some legal teams try to shift the blame to mesothelioma patients, potentially reducing the total compensation in a jury trial.
Q. Why should I hire a local West Virginia mesothelioma attorney instead of a national firm?
A. Working with an experienced local firm is recommended because of how complex state requirements are for personal injury lawsuits. West Virginia courts generally have a negative impression of out-of-state firms in mesothelioma cases. Several state laws were specifically created to make it harder for out-of-state attorneys to file or win asbestos cases.
Q. Can families file wrongful death lawsuits for asbestos exposure in West Virginia?
A. Surviving spouses, children, parents, brothers, sisters and dependent family members have rights in mesothelioma cases. For example, if a patient filed a personal injury claim but passed away before the case went to court, family members can continue the lawsuit. If no personal injury lawsuit was started, the family can file a wrongful death claim instead.