Kansas Mesothelioma Lawyer

Many job sites in Kansas used asbestos in products and equipment, which led to workers developing mesothelioma and other illnesses. Kansas mesothelioma lawyers are now helping asbestos victims fight for justice.

If you or someone you love suffers from mesothelioma, asbestos-related lung cancer, or asbestosis, you may qualify for substantial compensation. Fill out our form to get a free Financial Compensation Packet. You’ll learn about the experienced mesothelioma lawyers in your area, how to get paid in 90 days, how to file a claim for the asbestos trust funds, and more.

Understanding Asbestos Trust Funds

Decades ago, many asbestos-related companies faced lawsuits due to the harmful impact of their products. To manage the financial liabilities, these companies often filed for bankruptcy. However, the courts intervened, requiring them to establish asbestos trust funds specifically for compensating victims.

Why These Funds Matter

• $30 Billion: That’s the estimated amount currently available in asbestos trust funds. This substantial financial resource is dedicated to supporting mesothelioma patients and their families.
• Ease of Access: You can file claims without the need to go to court. The process is designed to be straightforward, allowing you to potentially receive compensation from multiple funds without leaving your home.

By understanding the purpose and structure of these trust funds, you can better navigate the compensation process with the guidance of experienced legal professionals.

We are happy to assist all cities and towns in Kansas, including:

Wichita Falls, Overland Park, Kansas City, Olathe, Topeka, Lawrence, Shawnee, Manhattan, Lenexa, Salina, Hutchinson, Leavenworth, Leawood, Dodge City, Garden City, Junction City, Emporia, Derby, Prairie Village, Hays, Liberal, Gardner, Pittsburg, Newton, Great Bend, McPherson, El Dorado, Ottawa, Winfield, Arkansas City, Andover, Lansing, Merriam, Haysville, Atchison, Parsons, Coffeyville, Mission, Chanute, Independence, Augusta, Fort Riley, Wellington, Fort Scott, Park City, Bonner Springs, Valley Center, Pratt, Bel Aire, Roeland Park, Abilene, Mulvane, Ulysses, Eudora, De Soto, Spring Hill, Paola, Iola, Colby, Concordia, Tonganoxie, Basehor, Wamego, Goddard, Goodland, Baldwin City, Russell, Osawatomie, Edwardsville, Louisburg, Clay Center, Baxter Springs, Larned, Hugoton, Fairway, Rose Hill, Scott City, Beloi,t Maize, Lyons, Hesston, Mission Hills, Lindsborg, Frontenac, Garnett, Marysville, Holton, Columbus, Hiawatha, Kingman, Ellsworth, Galena, Hillsboro, Osage City, Norton, Girard, Hoisington, St. Marys ,Oaklawn-Sunview, Burlington, and more.

Should I Sue for Mesothelioma?

This is a personal choice, but the truth is that most cases of mesothelioma were caused by negligent asbestos exposure. This means companies can be held accountable.

They can also be held legally liable for your resulting expenses. Most people sue over mesothelioma to get the compensation they need to treat this costly illness.

Mesothelioma lawsuits can provide significant financial relief, with awards ranging from $1 Million to $11.4 Million on average. This compensation can vary depending on whether the case settles or goes to court.

• $1M – $1.4M is the average settlement amount, offering victims substantial support without the need for a lengthy trial.

Working with experienced mesothelioma lawyers can be crucial in navigating these complex legal processes. They assist in:

• Identifying the asbestos-containing products responsible for exposure
• Holding accountable the companies that manufactured these harmful products
• Pursuing compensation that covers medical treatments and secures your family’s financial future

With over 99% of mesothelioma lawsuits resulting in settlements, the majority of plaintiffs receive compensation without stepping foot in a courtroom. Additionally, families have the option to file claims on behalf of loved ones who have passed away due to the disease, ensuring justice and financial compensation even posthumously.

Steps for Filing a Mesothelioma Lawsuit in Kansas

Embarking on the journey of a mesothelioma lawsuit in Kansas involves a well-defined legal process. Here’s a breakdown of the steps you need to take:

1. Initial Consultation
   Begin by reaching out to a trusted mesothelioma attorney or law firm to discuss your situation. A free case evaluation is often available to determine if you have a valid claim.
2. Evidence Collection
   Your attorney will gather crucial information, including your detailed work history and medical records, to identify any asbestos exposure sources responsible for your illness.
3. Filing the Claim
   Once sufficient evidence is collected, your attorney will officially file the lawsuit against the parties accountable for your asbestos exposure.
4. Negotiation and Settlement
   The majority of these cases reach a settlement out of court. Experienced attorneys usually negotiate on your behalf to secure favorable compensation without the need for trial.
5. Court Proceedings
   If a settlement is not achieved, the case may proceed to court. Your legal team will advocate for you before a judge and jury to obtain a verdict.

These steps are designed to ensure comprehensive representation and maximize potential compensation for those affected by mesothelioma due to asbestos exposure in Kansas.

How Much Can a Mesothelioma Settlement Be Worth?

When it comes to mesothelioma settlements, amounts can vary widely based on specific case details. Generally, settlements often fall between $1 million and $1.4 million. However, this isn’t a hard and fast rule. Factors such as the severity of the illness and the duration of asbestos exposure can significantly influence the settlement size.

In some instances, cases may go to trial, resulting in verdicts. These awards can be considerably higher, often ranging from $5 million to $11.4 million. The impact of the disease on the individual’s life and the strength of the evidence presented can play a crucial role in the final figure.

Ultimately, each case is unique. Consulting with a legal expert can provide a clearer picture tailored to your circumstances.

Past Mesothelioma Settlement Amounts in Kansas

If you’re wondering about previous mesothelioma settlement figures in Kansas, several notable cases can provide insight:

• $3.17 Million awarded to a mechanic specializing in tractor-trailers from Wichita.
• $3 Million settled for a U.S. Army veteran who also worked as a maintenance worker in Rose Hill.
• $2.9 Million for a construction worker who served in the U.S. Marine Corps, hailing from Wathena.
• $2.8 Million granted to an auto worker formerly employed by a notable tire manufacturer.
• $2.57 Million for an embroiderer who served as a plant foreman, affected by pleural mesothelioma, based in Garfield.
• $2.34 Million reached for a patient from Bonner Springs diagnosed with pleural mesothelioma.
• $2.6 Million awarded to an Air Force veteran who worked in a warehouse in Hays.

Keep in mind that while these amounts reflect successful cases, mesothelioma compensation isn’t assured. Each settlement hinges on unique case details and individual circumstances.

How a Kansas Asbestos Lawyer Can Help Pursue Compensation

A Kansas asbestos lawyer can be a vital ally in your pursuit of compensation if you or a loved one is affected by mesothelioma. Here’s how they can make a difference:

1. Exploring Compensation Avenues:
   Lawyers with expertise in asbestos-related cases can guide clients through various options for compensation. These options may include mesothelioma lawsuits, asbestos trust funds, and receiving benefits from the Department of Veterans Affairs (VA).
2. Lawsuits and Settlements:
   Mesothelioma lawsuits can result in significant financial awards, ranging from $1 million to over $11 million. Most cases are settled outside of court, meaning the majority of clients receive compensation without the need for a courtroom appearance.
3. Case Evaluation and Accountability:
   These legal professionals help pinpoint the specific asbestos-containing products responsible for exposure. They work diligently to hold manufacturers accountable, thereby aiding in claiming damages for illness caused by negligence.
4. Securing Financial Stability:
   Compensation can cover medical treatment expenses and help secure your family’s financial future. The process is often expedited, with many clients seeing results in as little as 90 days.
5. Support After Loss:
   If a loved one has passed away due to asbestos exposure, a lawyer can assist families in filing claims to ensure they receive the compensation owed.

By partnering with a knowledgeable asbestos lawyer in Kansas, you gain a resourceful advocate committed to easing the financial and emotional burdens of mesothelioma, ensuring you navigate the complexities of the legal system with confidence.

What is the Process for Negotiating a Mesothelioma Settlement?

Navigating the path to a mesothelioma settlement can be intricate, but understanding the process can help you set realistic expectations and make informed decisions. Here’s a step-by-step guide on what to expect:

1. Consultation and Case Evaluation

Your journey typically begins by sitting down with an experienced asbestos attorney. They will evaluate your case, consider the evidence, and discuss the potential for a settlement.

2. Filing the Lawsuit

If your attorney believes you have a strong case, the next step is filing a lawsuit against the responsible parties, often including asbestos manufacturers. This step is crucial, as it establishes the legal grounds for your compensation claim.

3. Discovery Phase

During this phase, both sides exchange relevant information. Your legal team gathers evidence to support your claim, which might include medical records, employment history, and expert testimonies.

4. Settlement Negotiations

The majority of mesothelioma cases tend to end in negotiated settlements. Your attorney will negotiate on your behalf, aiming to reach an agreement without going to court. This process can be swift; compensation offers may start trickling in within a few weeks.

5. Trial (If Necessary)

If a settlement isn’t reached, your case may proceed to trial. Here, a judge and jury will weigh the evidence and make a determination regarding compensation. While this is less common, it ensures that you have a pathway to justice if negotiations don’t yield a satisfactory outcome.

6. Receiving Compensation

Once a settlement or verdict is reached, you can begin receiving compensation. Initial payouts can occur relatively quickly, with others following over the duration of any agreed terms.

Understanding this procedure equips you to work closely with your legal team and pursue the justice you deserve.

Will an asbestos lawsuit be filed as a class action?

No, your asbestos lawsuit will not be filed as a class action. Instead, it will be pursued on an individual basis. This approach ensures your legal team focuses specifically on the unique details and circumstances of your case. By handling it individually, your attorney can better advocate for the maximum compensation you are entitled to. This personalized attention is critical, as each asbestos case can vary greatly depending on exposure history and health impacts.

What to Look for in a Kansas Mesothelioma Lawyer

Taking legal action and suing over mesothelioma is a big step. For the best chance of success, you need an experienced asbestos and mesothelioma lawyer. When looking for a lawyer in Kansas, consider these important factors:

• Relevant experience. Your lawyer should have experience handling asbestos and mesothelioma cases. They should be able to provide evidence of past wins for similar clients.
• A nationwide firm. Working with a lawyer in Kansas is important, but they should be part of a firm with jurisdiction in other states. Asbestos cases are not always tried where you live or even where you worked.
• Adequate resources. Another reason to choose a lawyer who is part of a larger firm is that they will have the resources necessary to investigate, litigate, and settle your case.
• Contingency payment. You should not have to pay any fees if and until they win your case and get you compensation. They should offer a free consultation and contingency payment if they take your case.

How Does a Mesothelioma Law Firm Gather Evidence for a Case?

The journey of building a mesothelioma legal case can be complex, given that asbestos exposure typically occurs decades before a diagnosis is confirmed. However, experienced mesothelioma law firms employ a meticulous process to gather the necessary evidence to support such cases.

1. Historical Research: Law firms begin by delving into historical data to pinpoint known sites and industries where asbestos exposure was prevalent. This often includes identifying factories, shipyards, and construction sites that were active during the client’s relevant exposure period.
2. Product Identification: It’s crucial to determine which asbestos-containing products an individual was exposed to. Lawyers conduct extensive research, often leveraging databases that catalog products by their asbestos content, manufacturer, and period of use.
3. Corporate Investigations: Many law firms maintain detailed records on companies historically involved in manufacturing or using asbestos products. This information helps in linking exposure to specific entities that can be held accountable.
4. Personal Testimonies and Records: Gathering statements from the affected individuals, their coworkers, and family members can provide insight into the exposure history. Personnel records, employment histories, and medical records also play a critical role in corroborating claims.
5. Scientific and Medical Evidence: Expert testimony from medical specialists who can relate asbestos exposure to mesothelioma is vital. These professionals help establish the causal link between exposure and the disease.

Through these strategies, mesothelioma law firms are able to systematically piece together the evidence needed to build a robust case, aiming for justice and compensation for those harmed.

Where Was I Exposed to Asbestos in Kansas?

Kansas has more than just farming, and some of the biggest industries and workplaces in the state have caused asbestos exposure and illness in workers.

Occupations at Risk for Asbestos Exposure

• Auto or Aircraft Mechanics: Handling vehicle parts, particularly high-friction brakes, exposed workers to asbestos.
• Boilermakers: Often worked with insulated pipes and boilers containing asbestos.
• Cabinet Makers and Carpenters: Frequently dealt with materials containing asbestos in older construction projects.
• Construction Workers: Regularly encountered asbestos in various building materials.
• Custodial and Maintenance Workers: Cleaning and maintaining facilities with asbestos-containing materials posed risks.
• Drywall Installers: Often cut and sanded materials that included asbestos.
• Electricians and Plumbers: Worked in environments where asbestos was used for insulation.
• Factory Workers: Many manufacturing processes involved asbestos components.
• Firefighters: Faced asbestos exposure in older buildings during fire response.
• Insulators: Directly handled asbestos insulation materials.
• Miners: Extracted asbestos-containing minerals.
• Painters: Applied paints and coatings that sometimes contained asbestos.
• Shipyard Workers: Built and repaired ships with asbestos-laden materials.
• U.S. Military Service Members: Frequently exposed during service, especially on ships and in older facilities.

Kansas-Specific Exposure

• Workers in the aviation industry make airplane parts, including high-friction asbestos-containing brakes for airplanes. Workers who handled them were likely exposed.
• Boeing, one of the world’s largest aerospace companies, has a facility in Kansas where many residents were employed while asbestos was still being used. Other aviation job sites in Kansas include Cessna Aircraft Company and Trans World Airlines, Inc.
• Another Kansas company associated with asbestos use is Chanute’s Mid-America Refining Company (MARCO). From 1940 until 1981, MARCO used asbestos throughout the entire job site because of its resistance to heat and fire.
• Older buildings in Kansas often contain asbestos and can continue to put workers and residents at risk. In 2005, a Topeka prison was found guilty of violating the Clean Air Act. It risked exposing prisoners and staff to asbestos when it failed to check for asbestos or provide adequate protective gear during renovation work.

Even people who have not directly worked around asbestos can be diagnosed with mesothelioma, often due to secondhand exposure to asbestos. This highlights the widespread impact of asbestos, affecting not just workers but also their families and communities.

Other Job Sites Associated with Asbestos

In addition to aviation and refining companies, other Kansas businesses have been associated with asbestos, including:

• Kansas Power and Light
• Larned Electrical Light
• Mobil Oil Refinery
• Municipal Light Plant
• Trend Construction Corporation
• Kansas State Agricultural College
• Eagle Refrigeration Company
• Kansas State University
• Socony-Vacuum Oil Company
• Manhattan Country Club
• Bushton Hydrocarbon Plant
• Globe Oil Refining Company
• Chloride Ceramics Company
• Archer Daniels Midland
• Prairie Pipe Line Company
• Trudeau Port Cement Company
• Sunflower Ammunitions Plant
• Hercules Powder Company, Inc.
• Emporia State Teachers College
• Armstrong Contracting & Supply Corporation
• Kansas Electric Utilities Company
• Kansas Army Ammunition Plant
• Kansas Gas & Electric
• Kansas Ordnance Plant
• Huxtable-Hammond Company, Inc.
• Wheatland Electric Cooperative
• Kansas City Southern Railroad

Is There Any Naturally-Occurring Asbestos in Kansas?

Most asbestos-related diseases in Kansas were from prolonged daily exposure at job sites. However, the state also has a few naturally-occurring asbestos sites, which have led to some exposure via airborne particles disturbed from the deposits.

There are three naturally-occurring asbestos sites in Kansas:

• Two are in close proximity of each other in the Eastern portion of the state, close to U.S. Highways 75 and 77.
• The third site is located in the Southeastern area of Kansas, near Parsons.

Tornadoes and Asbestos in Kansas

Kansas is prone to tornadoes. Tornadoes are extremely destructive, tearing apart buildings and leaving behind a big mess of mangled construction materials.

Unfortunately, the leftover waste often contains asbestos. When older buildings collapse during a tornado, they expose asbestos materials. Residents and rescue and cleanup workers risk exposure.

Kansas Laws That Affect Mesothelioma Cases

How asbestos, mesothelioma, personal injury, and wrongful death lawsuits proceed depends on state laws. A few laws in Kansas impact how your case might proceed, when you can file, and whether or not you can recover damages.

Kansas Statute of Limitations

• Kan. Stat. Ann. § 60-501 et seq. requires the plaintiffs to follow the two-year discovery rule when filing an asbestos lawsuit in Kansas.
• If you plan to file a lawsuit, you must do so within two years of the time that the asbestos-related was discovered or should have been discovered.
• Wrongful death lawsuits are to be filed within two years of the date of the victim’s death.

These laws fall under personal injury laws in Kansas, as there are no specific laws pertaining exclusively to asbestos.

Secondhand Asbestos Exposure and Take-Home Duty

Most people were exposed directly to asbestos at work. Some people were exposed through secondhand exposure. This occurred when a member of the family or household inadvertently brought asbestos fibers home on their clothing.

Many women developed mesothelioma this way. They laundered their husbands’ clothing, inhaled the attached fibers, and ultimately got sick.

Unfortunately, Kansas law does not allow these victims to sue for damages. Some states have found that companies have a take-home duty, a responsibility to warn workers and their families of the risks of secondhand asbestos exposure. Kansas does not recognize this take-home duty. A law states that companies are only liable for exposure that occurs on their premises.

However, family members may still explore legal actions if a loved one passes away from mesothelioma, depending on the state. In many jurisdictions, a wrongful death lawsuit can be filed by:

• Spouses
• Children
• Parents
• Estate representatives

Such lawsuits can help families manage financial burdens by potentially covering medical bills, funeral expenses, and lost wages. Unfortunately, due to the specific limitations in Kansas law, these options may not be available locally, emphasizing the importance of understanding state-specific legal contexts.

Kansas Asbestos Safety Laws

The Kansas Department of Health and Environment is responsible for the implementation of asbestos regulations and statutes in Kansas:

• Under 65-5302 of the Kansas Statutes Annotated Asbestos Control, all individuals working on an asbestos project in the state of Kansas must first be licensed and certified to work around asbestos.
• Kansas follows both OSHA and NESHAP regulations in regard to the disposal of asbestos. Asbestos must be encapsulated in an airtight container and labeled appropriately. Disposal must be in a state-approved landfill for disposal.
• Anyone working on an asbestos abatement project must notify the state, in writing, within 10 days prior to the start of the project. All applicable fees must also be paid before beginning the project.

For more detailed information and additional rules and regulation in Kansas, contact the Kansas Department of Health and Environment at 785-296-6024.

Understanding Mesothelioma Symptoms and Diagnosis Challenges

Mesothelioma, a rare and aggressive cancer, poses significant diagnostic challenges due to its elusive nature. One major complication stems from its symptoms, which can easily be mistaken for those of more common conditions, leading to potential misdiagnosis or delayed treatment.

Common Symptoms:

1. Respiratory Issues: Persistent coughing and difficulty breathing.
2. Chest Pain: Discomfort or tightness in the chest area.
3. Fatigue and Weakness: A general feeling of exhaustion and loss of energy.
4. Unexplained Weight Loss: Sudden and unintended weight decrease.
5. Abdominal Swelling and Pain: Particularly relevant in peritoneal mesothelioma.

These symptoms often mirror those associated with respiratory infections or chronic obstructive pulmonary disease (COPD), complicating early detection.

Diagnostic Challenges:

• Latency Period: Mesothelioma symptoms might not manifest until several decades—often between 20 to 50 years—after initial asbestos exposure, further complicating timely diagnosis.
• Non-Specific Symptoms: The overlap with other illnesses means that healthcare providers may initially explore more common conditions first.
• Advanced Diagnostic Techniques Required: Detection typically requires specialized imaging tests, such as CT scans or MRIs, and often biopsy confirmations.

The combination of these factors underscores the importance of increased awareness and specialized diagnostic approaches to improve early detection rates and treatment outcomes in mesothelioma cases.

Where Can I Get Treatment in Kansas?

It’s best to get treatment from physicians specializing in mesothelioma and other asbestos-related diseases.

The National Cancer Institute (NCI) helps cancer patients find the best treatments available by designating facilities. NCI-designated care centers are always recommended for those with asbestos-related diseases.

The University of Kansas Cancer Center (KUCC) is an NCI-designated center. An NCI designation means the care center has been recognized for its superior physicians, scientists, and other healthcare professionals with in-depth knowledge and experience dealing with cancer.

What VA Benefits Are Available for Mesothelioma Patients?

Veterans who have been diagnosed with mesothelioma, often due to asbestos exposure during their military service, may be entitled to various benefits from the Department of Veterans Affairs (VA). Here’s what you need to know:

1. Disability Compensation

Mesothelioma is recognized by the VA with a 100% disability rating. This classification means eligible veterans can receive approximately $3,800 monthly in financial compensation. This benefit aims to support veterans by offsetting the significant health and lifestyle impacts of the disease.

2. Healthcare Benefits

Veterans with mesothelioma can access free health care through the VA. This can significantly ease the financial burden of treatment and ensure access to necessary medical services and support, including specialized care for mesothelioma.

3. Assistance with Claims

Even if a claim has been denied previously, veterans have the opportunity to seek help from VA-accredited representatives. These experts can guide veterans through the process of filing or appealing claims, ensuring that applicants receive the benefits they’re entitled to.

What to Consider

• Eligibility: To qualify, you must show a connection between your military service and asbestos exposure. Documentation and medical records play a crucial role in this process.
• Impact on Lawsuits: It’s important to note that pursuing VA benefits does not affect the ability to file a separate mesothelioma lawsuit. Veterans can still seek legal action against responsible parties without jeopardizing their government benefits.

Understanding the benefits and support available can be pivotal for veterans navigating the challenges of a mesothelioma diagnosis. These resources provide both financial relief and vital healthcare access, helping to alleviate some of the burdens associated with this serious illness.

Great people. Helped my family through our meso diagnosis.

-Donald H.

Getting Legal Help in Kansas

If you’ve been injured by asbestos, there is a good chance that you’ll qualify for considerable compensation. Get our free Financial Compensation Packet for information on the top mesothelioma and asbestos lawyers in your area. For questions and assistance, feel free to contact us at 800-793-4540.