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Nitro, West Virginia, Mesothelioma Attorney

Being exposed to asbestos can have deadly consequences; the microscopic mineral is made of thin fibers and is easily transmitted through the air. Inhaling these fibers can cause the dangerous asbestos material to lodge in an individual’s lungs. Over time, this can cause serious asbestos-related diseases.

What Is Mesothelioma?

Mesothelioma is a form of cancer that attacks the membrane lining of the abdomen and lungs. It often results from exposure to asbestos and can take years to begin causing symptoms. Many patients develop mesothelioma after inhaling tiny fibers while working with asbestos for years or decades in the past. The fibers stay in the lungs and work their way into the pleura (lining of the lungs), where they eventually cause gene mutations that lead to cancerous growths.

While every form of it is highly aggressive, the malignant version of mesothelioma is the most serious. There is currently no cure for mesothelioma, but treatment options exist to relieve your symptoms. Unfortunately, the average survival rate for mesothelioma after diagnosis is less than 18 months, though some patients survive for years. This is partly due to the fact that doctors often cannot diagnose mesothelioma until it has been developing for years, and partly because it can appear similar to other diseases.

Treatment options can include chemotherapy and surgery. Surgery can help diagnose the condition, remove tumors or remove the affected membrane in the most aggressive cases. While these treatments cannot cure mesothelioma, they might extend the patient’s life or at least improve their quality of life.

If you or a loved one has recently been diagnosed with mesothelioma or another asbestos-related disease, you likely have many questions. Receiving a mesothelioma diagnosis is overwhelming news and is typically related to asbestos exposures that occurred decades earlier.

Factors That May Impact Eligibility To File An Asbestos Lawsuit

Filing an asbestos lawsuit can be a crucial step in obtaining compensation and justice if you’ve been diagnosed with mesothelioma or another asbestos-related disease. However, several factors can impact your eligibility and the success of your claim.

Statute of limitations: The timing of your lawsuit is critical, as each state has its own statute of limitations for asbestos-related claims. Generally, the statute of limitations begins when you are diagnosed with mesothelioma (for personal injury claims) or when the patient dies (for wrongful death claims). In West Virginia, this period is around two years. It’s important to act swiftly because filing your lawsuit within the statutory timeframe is essential for preserving your right to compensation.
Evidence of asbestos exposure: Establishing a clear link between your mesothelioma diagnosis and asbestos exposure is crucial. This often involves proving that you were exposed to asbestos in the workplace through consumer products or other sources. Some individuals may not realize that their jobs or activities involve asbestos exposure.
Identification of responsible parties: To file a successful lawsuit, you need to identify and hold accountable those responsible for your asbestos exposure. This may include manufacturers of asbestos containing products, mining companies or employers who failed to implement proper safety measures.
Medical documentation: Your medical records are vital for substantiating your claim. Detailed documentation of your mesothelioma diagnosis, including test results, treatment history and prognosis, is necessary to demonstrate the extent of your illness and its impact on your life.
Employment history and asbestos-related jobs: Providing a comprehensive account of your work history, especially jobs where asbestos exposure was likely, is essential. If you have worked in industries such as construction, shipbuilding or manufacturing where asbestos use was prevalent, this information will be critical in proving your exposure.

Due to the complexities involved, working with an experienced mesothelioma lawyer can significantly enhance your chances of achieving a favorable outcome.

Where Were You Exposed To Asbestos?

Some of the workplaces and other buildings in the Charleston and Nitro areas that contained asbestos include:

Appalachian Power Company
Monongahela Power Company
West Virginia Power Company
Broad Street Yard and other East End yards
Charleston General Hospital
Charleston Area Medical Center
Kanawha Manufacturing
C&P Telephone Building
Ford Motor Company
E.I. Du Pont De Nemours and Company
Kanawha Water and Light Company
West Virginia Water and Electric Company
West Virginia Water Works
Capital City Supply Company
Great Lakes Chemical Corporation
Union Carbide Chemical Company
Dow Chemical Company
Monsanto Chemical Company

This is not a complete list of affected sites. Please contact us if you were exposed to asbestos in a different location.

Frequently Asked Questions About Mesothelioma In West Virginia

We understand that mesothelioma is a complex and serious disease. Below are a few commonly asked questions about mesothelioma and related matters.

What is “take-home” asbestos exposure?

Also called “secondary exposure,” take-home asbestos exposure occurs when asbestos fibers cling to a person’s clothes or work gear. When the worker enters their home, the fibers can spread to other family members and lead to lung cancer or mesothelioma. Everyday tasks, including putting away work clothes or washing them, can cause asbestos fibers to spread through the air, where they can be breathed in by anyone in the home. Any direct contact with the worker can also result in the transfer of the fibers to another person.

How does a FELA claim differ from a standard asbestos claim?

While both seek compensation for asbestos-related illnesses, the legal targets and requirements are different. A FELA (Federal Employers’ Liability Act) claim is filed specifically by railroad employees against their employer, requiring proof that the railroad’s negligence—such as failing to provide protective gear or proper ventilation—contributed to the exposure.

In contrast, a standard asbestos claim is typically a product liability lawsuit against the companies that manufactured or sold the asbestos-containing materials. Unlike FELA, these claims focus on the “strict liability” of the manufacturer for creating a dangerous product. Because these are separate legal paths, railroad workers can often pursue a FELA claim against the railroad and a third-party claim against the asbestos manufacturer simultaneously to maximize their recovery.

What if the company where I was exposed to asbestos is out of business?

If the company where you were exposed to asbestos is out of business, you typically can still file a claim. There are trust funds created by bankrupt businesses specifically for asbestos lawsuits. There may also be negligent third parties involved who are also liable for your losses. It may be possible to seek workers’ compensation benefits for asbestos claims, but you should speak with a lawyer about this option.

Act Now To Protect Your Right To Compensation

Contact an attorney to help you understand your legal rights. Legal rights, including filing a lawsuit, are subject to time limits. You may need to act immediately to protect your rights. Every case is different, and only an attorney can best explain your legal rights and provide an unbiased legal opinion. You owe us no fee or costs if we do not get a settlement for you; please contact our firm by calling us at 800-681-9555 or emailing us with any questions about potential representation.