Ohio Mesothelioma Lawyer

Ohio mesothelioma lawyers help residents and workers take legal action after getting sick from asbestos exposure. Before the Environmental Protection Agency (EPA) ‘s limitations on asbestos use, many Ohio businesses used this harmful material in buildings, equipment, and machinery.

If you or a loved one have mesothelioma, asbestos-related lung cancer, or asbestosis, you may be eligible for a large amount of compensation. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on leading mesothelioma attorneys in Ohio, how to file a claim for asbestos trust funds, how to get paid in 90 days, and more. 

We offer help to victims of asbestos and their families in all cities in Ohio, such as:

Akron, Alliance, Amhurst, Ashland, Ashtabula, Athens, Aurora, Avon, Avon Lake, Barberton, Bay Village, Beachwood, Beaver Creek, Bedford, Bedford Heights, Bellbrook, Bellefontaine, Bellevue, Belpre, Berea, Bexley, Blue Ash, Bowling Green, Brecksville, Broadview Heights, Brooklyn, Brook Park, Brookville, Brunswick, Bryan, Bucyrus, Cambridge, Campbell, Canal Fulton, Canal Winchester, Canfield, Canton, Celina, Centerville, Chardon, Cheviot, Chillicothe, Cincinnati, Circleville, Clayton, Cleveland, Cleveland Heights, Clyde, Columbiana, Columbus, Conneaut, Cortland, Coshocton, Cuyahoga Falls, Dayton, Deer Park, Defiance, Delaware, Delphos, Dover, Dublin, East Cleveland, Easter Liverpool, Eastlake, Eaton, Elyria, Englewood, Euclid, Fairborn, Fairfield, Fairlawn, Fairview Park, Findley, Forest Park, Fostoria, Franklin, Freemont, Gahanna, Galion, Garfield Heights, Geneva, Germantown, Girard, Grandview Heights, Green, Greenville, Grove City, Groveport, Hamilton, Harrison, Heath, Highland Heights, Hilliard, Hillsboro, Hubbard, Huber Heights, Hudson, Huron, Independence, Iron Town, Jackson, Kent, Kenton, Kettering, Kirtland, Lakewood, Lancaster, Lebanon, Lima, Logan, London, Lorraine, Louisville, Loveland, Lyndhurst, Macedonia, Madeira, Mansfield, Maple Heights, Marietta, Marion, Mentor, North Ridgeville, Medina, Wadsworth, Oxford, Parma Heights, Perrysburg, Sylvania, Steubenville, Tallmadge, Tiffin, Rocky River, and more.

Filing an Asbestos or Mesothelioma Claim in Ohio

Mesothelioma is a rare and aggressive cancer that is caused by asbestos exposure. It is a devastating and expensive illness requiring specialist treatment. People sue or file claims for mesothelioma to get compensation and to recoup their losses.

Most asbestos exposure occurred in the workplace and is considered negligent. You have a right to make a claim or file a lawsuit to recover damages.

How Do Mesothelioma Lawsuits and Claims Work?

Because asbestos exposure is considered negligent, asbestos illnesses are personal injuries. You can file a lawsuit against the companies responsible for exposing you to asbestos. There are several options for asbestos claims and lawsuits:

• Mesothelioma personal injury lawsuit
• Mesothelioma wrongful death lawsuit
• Asbestos trust fund claim
• VA benefits claim

If the victim is a loved one, you could be eligible to file a wrongful death lawsuit to recover damages. Bankrupt asbestos companies cannot be sued, but they set up asbestos trust funds as an alternative way to compensate victims. These trust funds were established when various companies facing overwhelming asbestos liabilities filed for Chapter 11 bankruptcy protection. To comply with Chapter 11 § 524(g), they created these funds to ensure that workers exposed to asbestos receive compensation.

Understanding Asbestos Trust Funds

• Purpose: The primary aim is to provide financial relief to victims of asbestos exposure without the need for lengthy court processes.
• Financial Scope: Collectively, these trust funds hold approximately $30 billion, earmarked for individuals affected by asbestos-related illnesses.
• Claims Process: Claims are managed directly through each fund’s administrator, streamlining the process and making it accessible. This direct handling differentiates it from traditional lawsuit filings.
• Eligibility: Not only can current victims file claims, but families of deceased victims are also eligible, ensuring that those who have suffered losses are recognized.

Asbestos trust funds serve as a crucial resource, offering a streamlined, alternative route for victims and their families to seek the compensation they deserve.

If you served in the military and have mesothelioma, you could be eligible for monthly disability compensation through the VA. You must be able to connect asbestos exposure to your time in the military.

To qualify, ensure that your service was not dishonorably discharged and that your asbestos exposure occurred while you were on active duty, whether stationed on a base or overseas. This connection is crucial in securing the benefits you deserve.

Veterans with mesothelioma may receive:

• Monthly Disability Payments: Financial support to ease the burden of living with mesothelioma.
• Free Medical Care: Access to necessary treatments and medical services without the added financial stress.
• Death Benefits: Support for families in the unfortunate event of a veteran’s passing due to mesothelioma.

Understanding these benefits can be an essential step in managing the challenges posed by mesothelioma. Ensure you have the appropriate documentation and evidence to support your claim, as this can significantly streamline the process of obtaining these vital benefits.

Understanding Mesothelioma Workers’ Compensation Claims in Ohio

Navigating workers’ compensation for mesothelioma in Ohio involves several key aspects that are crucial to understand if you’re facing this challenging situation.

What Benefits Are Available?

Ohio’s workers’ compensation system offers free medical care for occupational illnesses, ensuring you receive necessary treatment without the burden of medical bills. If mesothelioma has impacted your ability to work, you may qualify for disability payments, which typically amount to 62.66% of your average weekly wage.

For those diagnosed post-retirement, the option for disability benefits generally does not exist. However, if your illness leads to a situation where you’re unable to continue work, this compensation can be a lifeline.

Benefits for Families

In unfortunate circumstances where mesothelioma leads to death, survivor benefits may be available. This includes monthly payments to a surviving spouse or dependent children, mirroring the disability payments you would have received. Additionally, financial assistance for funeral expenses may be offered in the form of a lump sum payment.

Eligibility Requirements

To qualify for these benefits, you must demonstrate a direct link between your asbestos exposure on the job and your current illness. Documentation and medical evidence are vital to build this connection.

Ohio Revised Code § 2305.10 plays a pivotal role, as it exempts your employer from liability if workers’ compensation covers your case. Consequently, if you’re eligible and receiving workers’ compensation, pursuing a lawsuit against your employer is not an option.

By understanding these components, you can better anticipate what to expect when filing a mesothelioma workers’ compensation claim in Ohio, ensuring you and your family are protected during a difficult time.

How Long Does it Take to Settle a Mesothelioma Lawsuit in Ohio?

The time it takes to resolve a mesothelioma or asbestos lawsuit depends on various factors. Most asbestos lawsuits end in settlements, which typically take a few months to resolve.

If your case goes to trial, it could be a year or more before you get a resolution. For this reason, it’s usually best for mesothelioma patients with limited time to settle.

Hiring An Ohio Mesothelioma Lawyer

If you have mesothelioma, it is essential to act quickly. There are time limits on filing lawsuits, and the prognosis for mesothelioma is poor. Contact a top Ohio mesothelioma lawyer as soon as possible.

Asbestos and personal injury lawyers offer a free initial consultation, so there is no risk to get in touch. They will review your case and explain your legal options. They should also offer contingency payment, so if you move forward, you pay nothing until they win.

Look for a lawyer with experience winning asbestos cases. They should be part of a larger firm with adequate resources. Asbestos lawsuits are complicated and require investigators, medical experts, and extensive law firm staff.

Here’s what you can expect from hiring a specialized attorney:

• Thorough Investigation: Your lawyer will dedicate significant time to understanding all potential sources of asbestos exposure, ensuring no detail is overlooked.
• Comprehensive Accountability: They will work diligently to hold each responsible company accountable, maximizing your chances for substantial compensation.
• Personalized Attention: Expect a personalized approach, with your attorney spending time to build a strong case tailored to your unique situation.

By choosing a skilled Ohio mesothelioma lawyer, you gain a partner committed to fighting for justice and the compensation you deserve. This proactive and meticulous legal approach can make all the difference in securing a favorable outcome.

How Much Compensation Can I Get From an Asbestos Claim in Ohio?

Compensation in mesothelioma claims is highly variable and depends on individual factors in every case:

• The severity of the illness
• Medical expenses, including future costs
• Home care and medical equipment costs
• Pain and suffering
• The degree of liability of the defendants

Amounts also depend on the type of compensation. Settlements for mesothelioma average around $1 million to $1.4 million. Jury awards are usually much higher, while asbestos trust fund claims are lower.

An experienced Ohio asbestos law firm will put its expertise to work, maximizing your compensation. They cannot guarantee you a certain amount but can make a reasonable estimate of what to expect.

Where Was I Exposed to Asbestos in Ohio?

Ohio has a long history of industrial jobs. Manufacturing facilities, construction and building companies, steel refineries, and other industrial workplaces have been critical to the state’s economy but were also responsible for exposing thousands of workers to asbestos.

These are just a few examples of Ohio workplaces that used asbestos and exposed workers.

Akron Tire Factories

Ohio was once home to many factories that made rubber tires for the automotive industry, especially in Akron:

• B.F. Goodrich
• Firestone
• General Tire
• Goodyear

Working with rubber requires heat, which means these factories had asbestos in boilers, furnaces, insulation, and more. Johns Manville was a major supplier of asbestos to the tire industry and has been held liable in many mesothelioma cases.

Honey Creek Contracting

In 2004, Honey Creek Contracting Company was bought, and its facilities were found to be riddled with asbestos. The new owner, David Sugar, and management allowed people to remove the dangerous materials without proper protection.

This violated state laws and the federal Clean Air Act. As a result, people got sick, and Honey Creek received a substantial fine. The company also had to pay for medical checkups for each worker.

The Scotts Company

Located in Marysville, Scotts was the state’s largest processing facility for vermiculite. Vermiculite is a silicate mineral often contaminated with asbestos.

As the Scotts Company processed vermiculite, asbestos fibers were released, placing workers in danger and residents who lived in the area.

In 1980, the EPA ordered the facility to shut down. However, the risks of developing an asbestos-related disease were already significant as the facility operated from 1967-1980.

Ohio Cast Products

Located in Canton, Ohio Cast Products went bankrupt in 2004 and left behind a contaminated site. It has since been declared a Superfund site by the U.S. Environmental Protection Agency (EPA).

The cleanup of the site is ongoing and includes remediation of asbestos. The site included a foundry, a high-heat work environment that used asbestos in numerous materials. Workers were at risk of asbestos exposure right up to the 2004 closure.

Other Job Sites Associated with Asbestos in Ohio

There are hundreds of job sites in Ohio associated with asbestos use. Many of these sites played a direct part in placing employees at risk of developing an asbestos-related disease:

• Dayton Power and Light Company
• Baltimore and Ohio Railroad Company
• J.M Stuart Electric Generating Company
• Procter & Gamble Manufacturing
• Bayer Port Plastics, Inc.
• Hill Manufacturing Company
• Jackson Iron & Steel
• Monsanto Chemical Company
• Mansbach Metal
• Port Plastics Plant
• Ohio Fire Brick Company
• Ashtabula Water Supply Company
• Kenton Water Works
• Thomas Jefferson Elementary School – Ashtabula Harbor
• Columbus Southern & Ohio Electric
• Lebanon Light and Power Plant
• Cleveland Electric Illuminating
• Municipal Electric Light Plant
• Avon Beach Station
• Cherry Valley Iron Works
• American Electric Powerhouse
• Beverly Powerhouse
• Dow Chemical
• General American Transportation Corporation
• Eagle Box Board and Paper Company
• Bowling Green State University
• Mentor High School
• Goodrich Research Center
• American Rolling Mill Company
• Bryan Municipal Light and Power
• Van Camp Packing Company
• Carroll Foundry and Machine Works
• Ohio Laws on Asbestos

The Implications of Asbestos in Ohio Schools

A Lingering Threat from the Past

Asbestos remains a critical issue in Ohio’s educational institutions, predominantly affecting buildings erected before 1980. This hazardous material still lurks in insulation, floor tiles, and various structural components, posing ongoing risks to students and staff.

Financial and Educational Strain

Addressing asbestos concerns isn’t just a matter of health but also of economics. The financial burden of asbestos abatement can be overwhelming for public schools, diverting scarce resources from educational needs. This situation may lead to significant disruptions in school activities, impacting the quality of education.

Legal Avenues and Limitations

Although Ohio law, via Code § 2305.091, permits schools to pursue legal action against asbestos suppliers to reclaim abatement costs, this option alone has not stemmed exposure risks. Enforcement of related safety acts remains inadequate, leaving schools vulnerable.

Real-World Cases Highlight the Dangers

Recent incidents underscore the pervasive threat of asbestos:

• Buckeye Education School: In 2013, students unwittingly handled asbestos-laden materials without protection, sparking a criminal probe.
• Fitch High School: As workers addressed water damage, underlying asbestos was discovered beneath gym flooring, raising concerns about future exposures from infrastructure vulnerabilities.
• Oakwood City Schools: A comprehensive 2020 evaluation unveiled asbestos throughout their junior and senior high schools, embedded in areas like pipe and tank insulation, ceiling plaster, and more.
• St. Michael School: A damaged tile dispersed asbestos dust, delaying the school year for this Worthington institution according to reports.

These cases highlight not only the immediate health dangers but also the potential for widespread disruption of school operations.

Health Risks in Focus

The presence of asbestos is more than a logistical challenge; it’s a severe health hazard. Prolonged exposure can lead to chronic conditions, including respiratory diseases and cancers, emphasizing the urgent need for effective management and abatement strategies.

The persistent issue of asbestos in Ohio schools serves as a stark reminder of past building practices. Addressing these concerns is critical to safeguard the well-being of students and staff while ensuring educational environments remain both safe and conducive to learning.

How Does Cosmetic Talc Result in Asbestos Exposure?

Cosmetic talc has been identified as a potential source of asbestos exposure, which can lead to serious health conditions such as mesothelioma. This occurs because talc and asbestos are both naturally occurring minerals that can be found in close proximity to each other in the earth. As a result, talc can become contaminated with asbestos fibers during the mining process.

When cosmetic products containing talc are used, there’s a risk of inhaling these microscopic asbestos fibers. This exposure can significantly impact health, as the fibers become lodged in the lining of the lungs, abdomen, or heart. Over time, this can lead to mesothelioma, a type of cancer known for its lengthy latency period.

Key Findings on Cosmetic Talc and Asbestos:

• Increased Risk of Mesothelioma: Research has demonstrated that individuals exposed to asbestos-contaminated talc have a higher chance of developing mesothelioma.
• Higher Incidence in Women: Studies highlight that the incidence of peritoneal mesothelioma, affecting the abdominal lining, is notably higher in women using such talc products.

These findings emphasize the importance of regulation and thorough testing of talc to ensure it is free from asbestos contamination before being marketed in cosmetic products.

Ohio Asbestos Laws

State laws address ongoing safety concerns, protecting workers and residents from asbestos exposure. They also dictate how asbestos lawsuits proceed and how much compensation victims can get.

Ohio’s Asbestos Safety Regulations

The Ohio Environmental Protection Agency regulates asbestos laws and enforces federal laws related to exposure, such as the Clean Air Act.

One of the most important sets of rules that protect Ohio workers and residents from asbestos addresses older buildings. Asbestos professionals must be licensed before working on buildings that contain asbestos.

They must also notify the state before beginning any projects involving asbestos. Specific procedures must be followed for removing and disposing of asbestos.

Ohio Statute of Limitations on Mesothelioma and Asbestos Lawsuits

• Ohio Rev. Code Ann. § 2307.94 and 2305.10 et seq. requires that plaintiffs filing an asbestos-related lawsuit follow the state’s statute of limitations for personal injuries.
• Lawsuits must be filed within two years from the time the asbestos-related illness was diagnosed or within two years of reasonable discovery of the illness.
• Wrongful death lawsuits in regard to asbestos injuries must be filed within two years of the date of the victim’s death.

Asbestos Lawsuit Reforms in Ohio

Due to the high rate of exposure and illness, Ohio has become one of the leading states for asbestos lawsuits. Ohio passed a series of reform laws in 2004 in response to the high number of cases.

• Medical Requirements: Before victims can move forward with an asbestos-related lawsuit in Ohio, they must show proof of physical impairment and specific symptoms of mesothelioma or other asbestos-related must be present.
• Successor/Premise Responsibility: Anyone who buys out a company that was associated with asbestos has limited liability, which is typically the fair market value cost when the previous owner owned the company. Victims must prove beyond a doubt that the premise owner at the time of exposure knew that asbestos was in the facilities and failed to take protective measures.
• Substantial Factors: In order to prove that owners were aware of asbestos use in facilities, victims must show how they were exposed, the length of exposure, the frequency of exposure, and how close they were to the asbestos.
• Asbestos Trust Transparency Act: Ohio passed a law that requires plaintiffs in asbestos lawsuits to disclose any claims they have made or plan to make with asbestos trusts. This allows a court to reduce a jury award in a lawsuit by an amount the plaintiff received from a trust.

Take-Home Duty and Secondhand Asbestos Exposure

Ohio does not recognize what is known as take-home duty with respect to asbestos. This refers to the duty a company has to extend asbestos warnings to anyone who might be vulnerable to secondhand exposure.

Secondhand asbestos exposure occurs when a worker unknowingly brings asbestos fibers into the home, typically on clothing or in their hair. This has caused exposure and illness in family members of workers.

In 2010, an Ohio woman sued after she developed asbestosis. Her husband worked as a pipefitter at Goodyear. She washed his asbestos-contaminated work clothes. A court decided defendants were not liable for exposure to asbestos on another property. This set a precedent to deny take-home duty.

Ohio also has a specific statute limiting the liability of asbestos companies in cases of secondhand exposure.

Mesothelioma Treatment in Ohio

In Ohio, the James Cancer Hospital & Solove Research Institute at Ohio State University in Columbus is backed by the National Cancer Institute (NCI) as a comprehensive cancer treatment center.

An NCI-designated facility certifies that the care center is recognized for its in-depth and superior research and treatment options.

Another NCI-designated treatment facility in Ohio is the Case Comprehensive Cancer Center at Case Western Reserve University in Cleveland.

It’s important to seek treatment from facilities that have experience with and knowledge of a rare disease such as mesothelioma.

Once victims are diagnosed with an asbestos-related disease, they are usually already in the latter stages of cancer, as the symptoms of mesothelioma typically lie dormant for up to 50 years.

People in this company are friendly, knowledgeable, and professional. They quickly answered all my questions and patiently walked me through the case and any open issues. I so appreciate their diligence and patience during this challenging time.

– Jingjing Z.

Getting Legal Assistance in Ohio

Remember to fill out our form to get your free Financial Compensation Packet, with information on the experienced asbestos and mesothelioma lawyers in your area. For additional assistance, contact us at 800-793-4540.