West Virginia Mesothelioma Attorney
At Goldberg, Persky & White, our skilled West Virginia mesothelioma attorneys are committed to advocating for individuals and families affected by this devastating cancer. Mesothelioma is a rare but aggressive disease caused almost exclusively by asbestos exposure—a risk that has unfortunately been widespread in West Virginia due to its deep-rooted industrial history. From coal mines and steel mills to railroads, oil refineries, and power plants, thousands of West Virginians have faced harmful asbestos exposure throughout their careers.
Between 1999 and 2013, West Virginia experienced nearly twice the national average of deaths linked to asbestos-related diseases, according to the Environmental Working Group Action Fund. In some areas, including Kanawha County—a central hub of industry and manufacturing—the asbestos-related death rate was more than three times higher than the U.S. average. The severity of this public health issue has drawn significant legal attention; in fact, Kanawha County was ranked among the top ten counties nationwide for asbestos litigation activity in 2017, with filings notably increasing even as the rest of the country saw a decline.
How a West Virginia Mesothelioma Lawyer Can Support You?
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related condition, navigating the complex legal landscape in West Virginia can be overwhelming. A dedicated mesothelioma attorney from Goldberg, Persky & White is here to help you every step of the way. Our team specializes solely in asbestos litigation, bringing decades of combined experience to bear on your case.
We understand the nuances of West Virginia’s legal system and asbestos laws, and we know how to build a strong claim that accounts for your unique circumstances. Our attorneys are available 24/7 to assist you with filing claims, gathering critical medical and occupational evidence, negotiating with asbestos trust funds, and fighting to maximize your compensation—whether through settlement or trial.
By choosing an experienced West Virginia mesothelioma lawyer, you gain an advocate who will fight tirelessly to hold negligent companies accountable and help you obtain financial relief for medical expenses, lost wages, pain and suffering, and other damages.
Asbestos Regulations in West Virginia
West Virginia’s Department of Environmental Protection (DEP) oversees the enforcement of federal air quality standards related to hazardous pollutants, including asbestos. State law mandates that any structure slated for renovation or demolition must be thoroughly inspected for asbestos beforehand. If asbestos-containing materials may be disturbed, advance notice must be provided to the DEP.
Only state-certified professionals—trained specifically in safe asbestos handling and removal—are permitted to perform abatement work. These regulations help reduce public health risks tied to airborne asbestos fibers.
Filing a Mesothelioma Lawsuit in West Virginia
West Virginia has established specific legal procedures to handle the high volume of asbestos-related cases. Understanding these rules is crucial for filing a successful mesothelioma lawsuit. At Goldberg, Persky & White, our attorneys have deep experience navigating the state’s court system and asbestos litigation process. We can help you understand your legal options, gather necessary documentation, and file your case efficiently under West Virginia’s unique legal framework.
West Virginia’s Mass Litigation Panel for Asbestos Cases
To efficiently manage the volume of asbestos-related lawsuits, West Virginia’s Supreme Court of Appeals created a specialized body known as the Mass Litigation Panel (MLP). Most asbestos claims filed within the state are transferred to the Circuit Court of Kanawha County for centralized handling.
Under the MLP’s Asbestos Case Management Order, plaintiffs are required to complete a detailed “Plaintiff Fact Sheet.” This document includes important personal and case-related information, such as work and medical history, smoking habits, and any disability or workers’ compensation benefits received.
How Case Consolidation Works in West Virginia Asbestos Litigation
To manage the high volume of asbestos lawsuits efficiently, West Virginia courts use a process called case consolidation. This strategy groups together similar cases to simplify scheduling and reduce court backlog.
Under the current Asbestos Case Management Order, plaintiff attorneys select a “trial group” consisting of 20 cases. The court then sets trial dates for three groups annually, helping to move cases forward in an organized and timely manner.
Case Categories Based on Medical Diagnosis
West Virginia organizes asbestos lawsuits by medical severity to manage trial scheduling.
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Category I includes living individuals diagnosed with mesothelioma or asbestos-related lung cancer—these cases receive top priority. If a Category I plaintiff passes away before giving a deposition, the case is reclassified as Category II.
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Category II involves deceased plaintiffs with malignant asbestos diseases.
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Category III covers those diagnosed with non-malignant conditions like asbestosis.
Punitive Damages in West Virginia Asbestos Cases
Punitive damages aim to penalize wrongdoing and prevent future harm. Since 2015, West Virginia law limits punitive awards to the greater of $500,000 or four times the amount of compensatory damages awarded in the case.
Disclosure Requirements for Asbestos Plaintiffs
West Virginia’s Asbestos Case Management Order mandates that plaintiffs disclose any existing claims against asbestos bankruptcy trusts at least 120 days prior to their trial. Defendants are entitled to this information and may request details about the amounts plaintiffs have received or expect to receive from these trusts. Courts allow defendants to apply these trust payments as offsets against any jury awards.
Statute of Limitations for Mesothelioma Lawsuits in West Virginia
Individuals diagnosed with mesothelioma in West Virginia have a two-year window from the date of diagnosis to file a personal injury claim. The same two-year limit applies for wrongful death claims brought by surviving family members.
West Virginia Asbestos Attorneys
Workplaces in West Virginia with Known Asbestos Exposure
Beckley
- Beckley Mining Academy
Bradley
- West Virginia Electric Supply
Charleston Area
- Barium Reduction
- Cecil Walker Machinery
- Dupont Chemical
- Fike Chemical
- FMC Ordnance
- General Electric
- Gordon Gasket and Packing Company
- Ingersoll Rand
- Monsanto
- Norfolk Southern Railroad
- P&H MinePro Services Appalachia
- Union Carbide Mines
- Vimasco Corporation
Clarksburg
- Allegheny Energy Supply
- Brockway Glass
- Centurial Products
- Fourco Glass
Davis
- Dominion Virginia Power
Fairmont
- Consolidation Coal Company
- FMC Chemical
- Monongahela Power Company
- Westinghouse
Huntington
- American Car Foundry
- Ensign Electric
- International Nickel Company
- Koppers
- Novamont
- Owens-Illinois
Logan Area
- Union Carbide Mines
Milton
- Appalachian Power Company
Morgantown Area
- Fort Martin Power Plant
- Hubbell Incorporated
- Union Carbide Mines
Moundsville
- Allied Chemical
- Analine Chemical
- Ben Franklin Coal Company
Newell
- Ergon-West Virginia
New Martinsville
- Mobay Chemical
- PPG Industries
Parkersburg
- Ames
- Borg Warner
Point Pleasant
- West Virginia Ordnance
Ravenswood
- Kaiser Aluminum
Spencer
- Kellwood Industries
Vienna
- Demuth Glass
Washington
- Marbon
Weirton
- Weirton Steel
Wheeling
- Blaw Knox Rolls
- Wheeling Pittsburgh Steel
Mesothelioma Lawsuits in West Virginia
In West Virginia, mesothelioma lawsuits are filed to hold companies accountable for knowingly exposing workers to dangerous asbestos fibers. When employers prioritize profits over safety, and workers develop mesothelioma as a result, legal action can help secure compensation for medical bills, pain and suffering, and other damages.
West Virginia Asbestos Verdicts
Taking an asbestos case to trial is often the strongest way to hold negligent companies responsible. West Virginia juries have awarded damages not only for direct workplace exposure but also for secondhand exposure, such as family members who inhaled asbestos dust brought home on workers’ clothing.
Notable Case Example
In 2002, DuPont was ordered to pay $6.4 million to the family of Leonard Cox, who died of mesothelioma at a young age. His cancer was traced back to asbestos fibers brought home on his father’s work clothes from DuPont’s Belle chemical plant, where his father worked in asbestos insulation.
Settlements in Asbestos Cases
Many defendants opt to settle asbestos claims outside of court to avoid the risks and publicity of a jury trial. Settlement amounts typically fall below verdict awards and are kept confidential. Experienced attorneys have negotiated settlements exceeding $1 million on behalf of their clients, often with strict confidentiality agreements in place.
Asbestos Trust Funds
To manage the financial impact of asbestos lawsuits, many responsible companies established trust funds before filing for bankruptcy. Skilled asbestos attorneys can help identify which trusts you may qualify to file claims against, providing another avenue to recover compensation.
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