Mesothelioma & Asbestos Law Firm in West Virginia

A mesothelioma diagnosis can raise questions about your legal rights and whether you may be entitled to compensation. Early, Lucarelli, Sweeney & Meisenkothen (ELSM) has more than 40 years of experience representing mesothelioma clients. A West Virginia mesothelioma lawyer can investigate your asbestos exposure, identify companies that may be responsible, and explain your options for pursuing compensation. Our attorneys handle the legal process, so you can focus on your health and your family.

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West Virginia Mesothelioma Legal Rights At a Glance

• Statute of limitations: West Virginia allows two years to file a mesothelioma personal injury or wrongful death lawsuit.
• West Virginia client results: ELSM has secured mesothelioma settlements totaling more than $35 million dollars for clients living in West Virginia, including individual recoveries exceeding $6 million.
• Compensation options: Depending on your case, you may be eligible to pursue mesothelioma compensation through asbestos lawsuits, asbestos trust funds, VA benefits, and workers’ compensation.
• Common asbestos exposure sites: Asbestos exposure has been documented at West Virginia chemical plants, coal mines, power plants, and steel mills.
• Statewide representation: ELSM represents clients throughout West Virginia and will travel to you for a free mesothelioma case evaluation.

Filing Mesothelioma Lawsuits in West Virginia

Filing a mesothelioma lawsuit in West Virginia begins with investigating when, where, and how you were exposed to asbestos. Your employment history, military service, medical diagnosis, use of asbestos-contaminated consumer products, and other circumstances can help determine which companies may be held responsible and where your lawsuit can be filed.

A West Virginia mesothelioma lawyer can also determine whether a personal injury or wrongful death lawsuit may be appropriate.

ELSM can help you:

• Research your employment and military history and identify other potential sources of asbestos exposure.
• Identify companies that may be responsible for your exposure.
• Gather medical records, employment records, and other evidence needed to support your case.
• Prepare and file the necessary legal documents.
• Handle communications with defendants and their attorneys, and negotiate settlements on your behalf.
• Keep you informed throughout the legal process.

A mesothelioma diagnosis often occurs many years after asbestos exposure. By then, some of the companies involved may have closed, merged with another company, or filed for bankruptcy. These circumstances do not necessarily prevent you from pursuing a lawsuit. Our team focuses on the complexities of the legal process so you can focus on treatment and your loved ones.

Do I Have to File My Mesothelioma Lawsuit in West Virginia?

Not necessarily. You may have the option to file your mesothelioma lawsuit in West Virginia or another state depending on where your asbestos exposure occurred, where companies that may be responsible for your exposure are located or operated, and other factors. A mesothelioma attorney will evaluate the states connected to your exposure and determine where you may be eligible to file.

Request a free mesothelioma case evaluation to speak with our team. Our attorneys can travel to meet with you and your family.

Mesothelioma Compensation in West Virginia

The amount and types of mesothelioma compensation available depend on the facts of your case. It may help cover medical expenses, lost income, travel for treatment, in-home care, pain and suffering, and other losses associated with a mesothelioma diagnosis.

You may be eligible to pursue mesothelioma compensation through:

• Asbestos trust fund claims
• Mesothelioma lawsuits
• VA claims
• Workers’ compensation claims

You may be eligible for financial recovery from more than one source. Our mesothelioma law firm will identify the options that apply to your case.

Meet Our Welcome Team

When you contact ELSM for a free mesothelioma case evaluation, our Welcome Team will help you get started. They can answer your initial questions, gather information about your diagnosis and asbestos exposure, and explain what to expect from the process.

Jennifer and Kyle understand that choosing a law firm is an important decision. They will listen to your concerns and help connect you with the appropriate mesothelioma attorney to review your potential claim.

West Virginia Mesothelioma Statute of Limitations

West Virginia has a two-year statute of limitations for personal injury lawsuits. The state also has a specific law addressing when the filing period begins for asbestos-related claims.

Under West Virginia Code §55-7G-9, an asbestos claim generally does not accrue before the earlier of certain events, including when the exposed person receives a medical diagnosis of an asbestos-related impairment or discovers facts that would lead a reasonable person to seek such a diagnosis. The statute also addresses the death of a person with an asbestos-related impairment.

Why Acting Quickly Matters

Speaking with an attorney soon after a mesothelioma diagnosis gives your legal team more time to investigate where your asbestos exposure occurred. Employment records can become harder to locate, companies may change ownership, and witnesses with knowledge of older jobsites may become more difficult to find.

The filing deadline also depends on the facts of the case. An experienced mesothelioma lawyer in West Virginia can determine which deadline applies and when the filing period begins.

Mesothelioma Settlements for Clients Living in West Virginia

Many mesothelioma cases are resolved through settlements rather than a trial. ELSM has secured more than $35 million in mesothelioma settlements for clients living in West Virginia, including the results below. Settlement amounts vary based on the unique facts and circumstances of each case, and prior results do not guarantee a similar outcome.

State	Disease	Occupation / Exposure	Age	~ Monies to Date
WV	Mesothelioma	Navy Worker / Machinist	51	~$6,900,000
WV	Mesothelioma	Hospital Worker	49	~$5,200,000
WV	Mesothelioma	Construction Worker / Plant Worker	52	~$3,300,000
WV	Mesothelioma	Army Veteran / Laborer	64	~$2,500,000
WV	Mesothelioma	Plant Worker	72	~$2,000,000
WV	Mesothelioma	Warehouse Worker	49	~$1,900,000
WV	Mesothelioma	Laborer	82	~$1,800,000
WV	Mesothelioma	Home Renovator / Army Veteran	79	~$1,600,000

Jobsites in West Virginia With Documented Mesothelioma Cases

West Virginia workers faced asbestos exposure in industrial and manufacturing settings throughout the state. Industries represented by ELSM client jobsites include chemical manufacturing, glass manufacturing, mining, oil refining, power generation, and steel manufacturing. Asbestos-containing insulation and other materials were historically used around equipment, machinery, pipes, boilers, and industrial facilities.

Asbestos was also used in West Virginia coal mining equipment for decades and may have exposed miners or their family members through secondary exposure.

ELSM has represented mesothelioma clients who worked at the following major jobsites in West Virginia:

• Acands, Inc. - Charleston
• Allied Chemical Company - Nitro
• Allied Services Incorporated - Charleston
• Ashland Oil & Refinery Company - Charleston
• Bayer Corporation - New Martinsville
• E.I. Du Pont De Nemours and Company - Charleston
• Fmc Corporation - Nitro
• Ford Motor Company - Charleston
• Monsanto Chemical Company - Charleston
• Owens-Illinois Glass Company - Charleston
• Owens-Illinois, Inc. - Huntington
• Shell Oil Company - Spring Hill
• Steel of West Virginia - Huntington
• U. S. Bureau of Mines - Morgantown
• Union Carbide Chemical Company - Charleston
• United States Naval Ordnance Plant - Charleston
• University of West Virginia - Morgantown
• Volkswagon Plant - South Charleston
• West Virginia Power Company - Charleston
• Westinghouse Electric - Fairmont
• Wheeling-Pittsburgh Steel Corporation - Wheeling

Even if your employer or jobsite is not listed, you may still be eligible to file a mesothelioma claim. Asbestos exposure may also have occurred during military service, through take-home or secondary asbestos exposure, or from asbestos-contaminated consumer products such as certain talcum powders and cosmetics. ELSM can review your work, military, household, and product exposure history to identify potential sources of asbestos exposure.

ELSM Mesothelioma Clients in West Virginia

ELSM has represented mesothelioma clients from 20 West Virginia cities and towns, including the communities listed below.

Our Trusted Mesothelioma Law Firm Partners in West Virginia

When appropriate, Early, Lucarelli, Sweeney & Meisenkothen partners with trusted mesothelioma law firms to strengthen your legal team. Our law firm partners maintain physical offices in the state or are licensed to practice there. These partnerships combine our decades of experience representing mesothelioma clients with the local knowledge and asbestos litigation experience of West Virginia attorneys at no additional cost to you.

ELSM has co-counseled with The Gori Law Firm on hundreds of mesothelioma cases since 2002. The Gori Law Firm represents mesothelioma clients throughout the United States and has secured more than $4 billion in verdicts and settlements on their behalf. While co-counseling with The Gori Law Firm, more than 375 of our mutual clients have each received individual settlements exceeding $1 million.

ELSM has co-counseled with Motley Rice on mesothelioma cases for more than two decades, primarily representing workers and families in the eastern United States. Motley Rice has extensive experience in asbestos litigation, fighting to hold companies accountable for asbestos exposure. Motley Rice maintains two offices in West Virginia:

• Charleston: 112 Capitol St., Ste. 200, Charleston, WV
• Morgantown: 449 Fortress Blvd., Ste. 2400, Morgantown, WV

West Virginia Asbestos Laws

West Virginia regulates asbestos through state requirements and federal asbestos standards enforced within the state. These rules address asbestos inspections, renovation and demolition projects, worker licensing and training, asbestos removal, notification, and disposal.

The West Virginia Department of Environmental Protection’s Division of Air Quality enforces the federal Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements for regulated demolition and renovation work in the state.

Asbestos Litigation in West Virginia

West Virginia has laws that specifically address asbestos litigation. The Asbestos and Silica Claims Priorities Act, found in West Virginia Code Article 55-7G, includes rules governing asbestos claims, proof of physical impairment, court procedures, and the statute of limitations.

West Virginia also recognizes a two-disease rule. A legal claim involving a nonmalignant asbestos-related condition is treated separately from a claim involving a later asbestos-related cancer. For someone who develops mesothelioma after an earlier asbestos-related condition, this distinction may affect the legal claims available.

Asbestos-related illnesses can develop years apart. If you were previously diagnosed with a noncancerous asbestos-related condition, you may still have the right to pursue a separate claim after a mesothelioma diagnosis. Mark Bibro
Mesothelioma Lawyer

Asbestos Safety Guidelines in West Virginia

Asbestos-containing materials can release microscopic fibers when they are damaged or disturbed. West Virginia requires inspections before regulated construction, demolition, and renovation activities. Notification requirements also apply to certain asbestos abatement, renovation, and demolition projects.

For regulated projects, the West Virginia Division of Air Quality generally requires notification at least 10 working days before work begins. Regulated asbestos-containing material must be handled and disposed of according to applicable requirements. People performing certain asbestos inspections or asbestos removal work must also meet training and licensing requirements.

The West Virginia Department of Environmental Protection provides information about asbestos inspections, demolition and renovation requirements, notifications, and asbestos waste disposal.

Frequently Asked Questions