Oregon Mesothelioma Lawyer

Contact a qualified Oregon mesothelioma lawyer to learn about your legal options if you’ve been harmed by asbestos. Oregon is known for its lush forests, scenic rivers, and fishing industry, but many job sites in the state caused decades of asbestos exposure.

If you or a loved one have mesothelioma, asbestos-related lung cancer, or asbestosis, you may be eligible for a large amount of compensation. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information about experienced mesothelioma lawyers in Oregon, how to get paid in 90 days, how to file an asbestos trust fund claim, and much more. 

Keep in mind that we offer assistance to asbestos victims in all areas of Oregon, including:

Portland, Salem, Eugene, Gresham, Hillsboro, Beaverton Bend, Medford, Springfield, Corvallis, Aloha, Albany, Tigard Lake, Oswego, Keizer, Grants Pass, Oregon City, McMinnville, Redmond, Tualatin, West Linn, Woodburn, Newberg, Forest Grove, Roseburg, Wilsonville, Bethany, Klamath Falls, Ashland, Milwaukie, Altamont, Sherwood, Hayesville, Central Point, Four Corners, Oak Grove, Hermiston, Pendleton, Canby, Troutdale, Happy Valley, Coos Bay, Lebanon, Cedar Mill, The Dalles, Dallas, Oatfield, La Grande, St. Helens, Cornelius, Gladstone, Oak Hills, Ontario, Damascus, Newport, Sandy, Monmouth, Cottage Grove, Baker City, North Bend, Astoria, Silverton, Cedar Hills, Prineville, Fairview, Rockcreek, Sweet Home, Bull Mountain, Eagle Point, Independence, Florence, Molalla, White City, Lincoln City, Green, Stayton, Sutherlin, Jennings Lodge, West Haven-Sylvan, Hood River, Milton-Freewater, Umatilla, West Slope, Scappoose, Seaside, Raleigh Hills, Brookings, Madras, Garden, Home-Whitford, Talent, Roseburg, North Sheridan, Junction City, Winston, Deschutes, River Woods, Warrenton, Creswell, Tillamook, Mount Hood Village, Veneta, and more.

Discover the Advantages of National Asbestos Law Firms for Your Mesothelioma Claim

If you’re considering filing a mesothelioma claim, partnering with a national asbestos law firm can be strategically beneficial. Here’s why:

Wide-Ranging Expertise

• Versatile Legal Team: National firms boast a team of seasoned attorneys qualified to practice nationwide. This ensures they can handle cases irrespective of where your asbestos exposure occurred.

Strategic Filing Options

• Cross-State Capabilities: You might find it advantageous to file your claim in a different state. If your exposure happened or if the liable company is based elsewhere, these firms can seamlessly manage filings across state lines.

Client-Centric Approach

• Minimized Travel Hassles: Many individuals with asbestos-related illnesses face mobility challenges. National law firms understand this and often send attorneys to you, eliminating the need for travel.

Robust Resources

• Experienced in High-Stakes Litigation: With considerable resources, these firms are well-equipped to take on large corporations, leveraging their extensive experience to your advantage.

Opting for a national asbestos law firm ensures access to a wealth of resources and expertise, enhancing your chances of a successful claim without the added burden of travel.

About Mesothelioma and Asbestos

Mesothelioma is an aggressive, deadly cancer caused by negligent asbestos exposure. If you have a diagnosis of mesothelioma now, you were likely exposed to asbestos fibers at work many years ago.

Asbestos is a natural material that easily sheds tiny fibers. Workers inadvertently inhale or ingest the fibers, which causes damage inside the body and resulting illness in some people.

Asbestos can cause pleural mesothelioma, peritoneal mesothelioma, asbestosis, or lung cancer. It usually takes decades for these diseases to be diagonsed.

How Can an Oregon Mesothelioma Lawyer Help?

Because asbestos exposure is almost always negligent, you have a right to seek compensation after a mesothelioma diagnosis. Asbestos and mesothelioma cases are complicated, though. You need an expert asbestos attorney or law firm with experience handling and winning these cases to get a good result.

One of the most important things a mesothelioma lawyer will do to help you is find evidence and prove your case. Winning compensation requires showing where and when you were exposed to asbestos. You must prove which companies exposed you and that the exposure resulted in your illness.

Asbestos law firms in Oregon have resources, investigators, and medical experts at their disposal. They can investigate, find evidence, and build a strong case.

How to File a Personal Injury Claim for Mesothelioma in Oregon

If you’ve been diagnosed with mesothelioma in Oregon, you may be eligible to file a personal injury claim. This process can help seek compensation for medical expenses and other related costs. Here’s how you can proceed:

1. Consult an Experienced Attorney
   • Start by finding an attorney who specializes in mesothelioma and asbestos-related cases. Their expertise is crucial for navigating the complexities of these claims and increasing your chances of a successful outcome.
2. Gather Necessary Documentation
   • Collect all relevant medical records, employment history, and evidence of asbestos exposure. Detailed documentation supports your claim and can significantly impact the compensation you might receive.
3. File Your Claim Promptly
   • Timing is critical. Oregon has a statute of limitations, which restricts the period in which you can file your claim. It’s essential to act quickly to avoid missing this window.
4. Work with Your Attorney
   • Your attorney will manage the legal proceedings, from drafting and filing the necessary paperwork to representing you in negotiations or court. Their role is vital in simplifying the process and advocating on your behalf.
5. Prepare for Settlement or Trial
   • Depending on your case’s specifics, it may be settled out of court, or it could go to trial. Your attorney will advise you on the best strategy and prepare you for each step.

By taking these steps, you can begin the journey toward securing the compensation you deserve. Working closely with a knowledgeable attorney can make a significant difference in handling the legal intricacies involved.

Understanding Secondhand Asbestos Exposure and Filing Claims in Oregon

How Secondhand Asbestos Exposure Occurs

Secondhand asbestos exposure, often referred to as “take-home exposure,” happens when a person indirectly comes into contact with asbestos fibers. It typically occurs when workers who handle asbestos materials inadvertently bring home the hazardous fibers on their clothing, skin, or hair. Family members and others living in the same household can then inhale or ingest these particles, putting them at risk for serious health conditions over time.

Filing Claims in Oregon for Secondhand Exposure

In Oregon, individuals who have suffered from illnesses due to secondhand asbestos exposure have the right to seek compensation by filing a legal claim. The state enforces “take-home duty” laws, which hold corporations accountable for the inadvertent spread of asbestos fibers from their workplace. This means that if it’s proven that your health has been compromised due to secondhand exposure brought home by someone who worked with asbestos, you may be eligible to file a claim and pursue justice for any resulting medical conditions.

How Much Compensation Do Oregon Mesothelioma Victims Get?

Compensation varies by individual case. Most asbestos lawsuits end in settlements that average between $1 million and $1.4 million. Some cases go to trial, which can result in much higher amounts. These are some notable examples of Oregon asbestos verdicts:

• $36.5 Million. An Oregon man who worked in the W.R. Grace mines in Libby, Montana, later developed asbestosis. The mines produced vermiculite contaminated with asbestos and failed to protect workers.
• $8.75 Million. David Hoff’s lawyers helped him win this jury award against Kaiser Gypsum. Hoff worked in construction using the company’s asbestos products. He developed mesothelioma later.
• $5.7 Million. U.S. Navy pipefitter Robert Sprague won a big award against John Crane and other companies after developing mesothelioma from working with asbestos materials. Many Navy veterans now have mesothelioma because of the extensive use of asbestos on ships.
• $3.95 Million. Robert Golik died from mesothelioma, and his family won a jury award for wrongful death. Golik developed mesothelioma after working in multiple Oregon paper mills that used asbestos.

While every case is different, these results illustrate how Oregon asbestos lawyers can help their clients recover significant damages.

Factors Influencing Mesothelioma Verdicts and Settlements

When pursuing a mesothelioma case, several factors can significantly impact the verdict and settlement amounts. Understanding these elements can help you navigate your legal journey more effectively.

1. Severity of Diagnosis

• The stage of the disease at diagnosis and how extensively it has affected your health play critical roles.
• Advanced cases requiring extensive treatment may lead to higher compensations.

2. Medical Expenses

• Expenses incurred from treatments, medication, and ongoing care are vital in determining settlement amounts.
• Higher medical expenditures might justify larger settlements.

3. Loss of Income and Earning Capacity

• Compensation often considers current loss of income and the impact on future earning potential, especially if the disease prevents you from working.

4. Pain and Suffering

• Non-economic damages such as emotional distress, pain, and loss of companionship can influence the settlement.

5. Number of Defendants

• Often, multiple companies may be liable. The number of defendants can affect both the process and the potential settlement amount.

6. Jurisdiction

• Different states have varying laws and historical verdict sizes, which can alter potential outcomes.

7. Legal Representation

• A skilled and experienced legal team can make a significant difference in negotiating settlements or winning favorable verdicts.

Understanding these factors is crucial when discussing the details of your case with your attorney, as they will tailor strategies specific to your situation. Always seek personalized advice to get a clear picture of what to expect.

In Oregon, plaintiffs seeking compensation in personal injury cases must prove that the defendant is at least 49% responsible for the incident. This means that the plaintiff can only receive compensation if the defendant’s fault is greater than or equal to 49%. This threshold ensures that the defendant holds significant accountability for the injury or damages incurred.

Where Was I Exposed to Asbestos in Oregon?

Several important industries in Oregon have provided jobs and strengthened the state’s economy. These industries have also contributed to asbestos exposure and illness.

Forestry, Lumber, and Paper

Forestry has been a staple industry in Oregon since the 19th Century, and fire prevention in lumber mills and processing plants has always been a concern.

Once asbestos was introduced into major industries during the 1930s, sawmills, lumber yards, paper mills, and other processing plants incorporated asbestos as fire retardant or insulating materials.

Foresters, tree cutters, sawmill employees, and workers in paper mills and wood pulp processing plants either were at risk of asbestos exposure for decades.

Shipbuilding and Repair

Shipbuilding and repair work provides jobs for many Oregonians, especially in Portland.  This city on the Willamette River was the home of the World War II-era Kaiser-owned Oregon Shipbuilding Corporation facility. It constructed over 1,000 ships, including Victory-class ships, between 1941 and 1945.

Asbestos was used in almost every component of these Oregon-built ships to protect them, their cargoes, and their crews from fires and electrical discharges.

Exposure may have occurred once the ships were built and in active service, but the construction and repair processes put shipyard workers at especially high risk for asbestos exposure.

Certain specialists, such as pipefitters, electricians, and boiler room workers, were near asbestos more frequently than stevedores or signalmen.

Natural Asbestos Deposits and Mining

Certain areas of Oregon in the southwest and northeast have natural asbestos deposits. Companies mined several of these deposits in the past, which put miners and any nearby workers or residents at risk of exposure.

Asbestos is no longer mined in Oregon but can still be harmful. Asbestos deposits are disturbed by natural disasters, road building, or development can release fibers and cause exposure.

North Ridge Estates

The U.S. Environmental Protection Agency (EPA) declared North Ridge Estates a Superfund Site. Located in Klamath Falls, the residential community was constructed on the site of a former military barracks. The barracks had been built with asbestos materials.

When developers built the new community, they demolished the barracks. Instead of removing asbestos from the site, they simply covered it with soil. The new homes sat on top of soil contaminated with asbestos. The EPA has listed North Ridge Estates as a high-priority site for cleanup.

Workers who demolished the barracks and built the community were put at risk of asbestos exposure. Residents in the community could also be exposed.

Additional Oregon Job Sites with Asbestos

The lumber and shipbuilding industries were not the only workplaces to expose people to asbestos.

The harmful mineral was also used in chemical plants, power generation facilities, auto repair shops, and other industrial sites. These are some examples of specific Oregon workplaces known to have used asbestos:

• Oregon Shipbuilding Corp. Shipyard in Portland
• Henry J. Kaiser Shipyard/Swan Island Shipyard, Swan Island
• Henry J. Kaiser Shipyard, Vancouver, WA, across the Columbia River from Portland
• Weyerhaeuser Lumber in Eugene
• Burns Air Force Radar Station in Burns
• Eugene Water and Electric Board Plant in Eugene
• Coastal Pulp & Paper in West Linn
• Oregon Pulp and Paper Co. in Salem
• Georgia-Pacific Corporation facility in Clatskanie
• Chiloquin Lumber & Box Company/Chiloquin Forest Products site in Chiloquin
• Klamath Machines and Locomotive Works factory in Klamath Falls
• Southern Pacific Railroad facility in Klamath Falls
• Borden Chemical (now Hexion) Plant in Springfield
• Martin-Marietta Aluminum Plant in The Dalles (Superfund site)
• Astoria Voyage Repair Station in Astoria
• Buttercup Mines Inc. Asbestos Mine in Baker County
• Liberty Asbestos Mine in Jackson County
• L.E.J. Asbestos Mine in Josephine County

Ongoing Asbestos Exposure Risks in Oregon

A lot of asbestos exposure occurred in the past, leaving workers with mesothelioma diagnoses only now. Not all of the danger is in the past, though. Asbestos left behind throughout Oregon still puts people at risk of exposure:

• Asbestos abatement at a Portland synagogue is causing problems for families. Children who attend a charter school at Congregation Beth Israel are at risk of exposure and might not be able to return to school while the project proceeds.
• The Coos Bay School District and Fire Department were recently fined by the Oregon Department of Environmental Quality for burning asbestos. The fire department conducted a controlled burn of one of the school buildings to demolish it and for training purposes. Asbestos in the building was not abated before the exercise, which likely exposed people in the area to asbestos fibers.
• An Oregon Youth Authority worker received a $250,000 whistleblower award in 2020 for alerting authorities to potential asbestos exposure at the MacLaren Youth Correctional Facility in Woodburn. John Neves supervised young offenders on remodeling projects at the facility without being told there was asbestos in the buildings. They were not provided with adequate safety gear.

In Oregon, it’s possible for a contractor to face liability for asbestos exposure, even if they weren’t involved in manufacturing the asbestos products. If a contractor applies or installs asbestos materials on a project, they can be held responsible, particularly if the project specifications didn’t require the use of such hazardous substances.

This liability extends to situations where a claim is filed against them for introducing asbestos products into a setting where they weren’t specified, potentially exposing individuals to health risks. Thus, contractors must carefully consider the materials they use, keeping in mind the potential legal and health implications of choosing asbestos products.

Employers and contractors should stay informed about the latest regulations regarding asbestos use to minimize risks and ensure compliance with applicable safety standards.

Getting Mesothelioma Treatment in Oregon

Oregon is home to a couple of excellent cancer treatment centers where you can find oncologists, surgeons, radiologists, and other specialists:

• Knight Cancer Institute, Oregon Health and Science University, Portland
• Providence Cancer Institute, Providence Health and Services, Portland
• Willamette Valley Cancer Institute and Research Center, Corvallis, Eugene, Florence, and Lincoln City

Oregon’s Asbestos Laws

State asbestos laws in Oregon address how lawsuits and claims proceed. They also protect workers and residents from ongoing asbestos exposure.

Responsibilities of Companies for Secondhand Asbestos Exposure in Oregon

In Oregon, companies have a significant responsibility to protect not only their employees but also their employees’ families from secondhand asbestos exposure. This legal obligation, often referred to as “take-home duty,” requires businesses to prevent toxic asbestos fibers from leaving the workplace.

Key Responsibilities Include:

• Preventing Fiber Transfer: Employers must implement measures that prevent asbestos fibers from adhering to workers’ clothing, hair, or skin. This includes providing adequate protective gear and ensuring proper decontamination processes.
• Training and Awareness Programs: Companies are tasked with educating their workforce about the dangers of asbestos and the importance of preventing its spread. Training sessions should highlight both direct and indirect exposure risks, reinforcing safe handling and hygiene practices.
• Workplace Safety Protocols: Clear protocols should be established to minimize asbestos dust and fiber accumulation. Effective ventilation and regular clean-ups are essential steps in safeguarding not only the workplace but also extending protection to workers’ homes.

By fulfilling these responsibilities, companies in Oregon are held accountable for preventing secondhand exposure and safeguarding public health. Negligence in these areas could lead to legal claims if illness results from this indirect exposure.

Oregon Statute of Limitations on Mesothelioma and Asbestos Lawsuits

Each state puts a time limit on filing a mesothelioma lawsuit, known as the statute of limitations:

• Rev. Stat. § 12.010 et seq. is that law that mandates the statute of limitations for asbestos-related lawsuits in Oregon.
• There is no specific statute for asbestos, but all plaintiffs must follow the personal injury statute, which requires you to file within two years of the date that the asbestos-related illness was diagnosed or should have been reasonably discovered.
• For asbestos-related wrongful death cases, plaintiffs have three years from the date of the victim’s death to file.

Lohrman Test for Asbestos Illness

The Lohrman Test proves how frequently and regularly a plaintiff came into close proximity to asbestos. This is used in many states to prove asbestos exposure caused mesothelioma or another illness.

Oregon does not require the Lohrman Test for cases to proceed, making it easier for victims to prove that past asbestos exposure made them sick. Unlike in other states, plaintiffs in Oregon are not obligated to demonstrate the regularity, proximity, or frequency of their exposure to asbestos products. This unique legal stance simplifies the process for victims seeking justice and acknowledges the significant challenges in tracing detailed exposure history. By removing these barriers, Oregon offers a more accessible path for those affected by asbestos-related illnesses to pursue their claims.

Bare Metal Defense

Oregon also supports asbestos plaintiffs by not allowing the bare metal defense. Defendants in some asbestos cases use this strategy to avoid liability. A company claims bare metal defense when the asbestos in its products came from replacement parts.

Oregon Asbestos Safety Regulations

The process and management of asbestos removal in Oregon are done through the state’s Department of Environmental Quality (DEQ), which is responsible for overseeing asbestos laws and abatement licensing.

• Anyone who plans to work around asbestos must first complete state certification. The state certification process comprises all levels of work involved in asbestos removal.
• In Oregon, all asbestos removal projects must be approved by the state. Requests can be written prior to the project start date. The only exception to this rule is for private homeowners and smaller projects.
• The removal of friable material requires notification to the state and must be disposed of by state-mandated requirements. Non-friable asbestos removal, in most cases, doesn’t require state notification.
• Disposal of asbestos material must always be done by a certified contractor.
• The state will assess a fee based on the dimensions and size of the asbestos materials.

The DEQ ensures that all asbestos-related activities comply with state regulations, safeguarding public health and the environment. By mandating certification and proper project approval, Oregon maintains strict control over asbestos management, reinforcing safety throughout the process.

Although the fee varies on the size and weight of the material, there is also a fee on anticipated projects and an annual notification fee on long-term asbestos material removal projects.

What Requirements Exist for Asbestos Inspections in Oregon Schools?

In Oregon, there are strict guidelines to manage asbestos presence in schools, driven by federal regulations. The Asbestos Hazard Emergency Response Act (AHERA) mandates that every school undergo thorough inspections to identify asbestos-containing materials. These initial inspections must be conducted by inspectors who are accredited under AHERA standards.

Furthermore, compliance with the law doesn’t end at the first inspection. Schools are required to schedule follow-up evaluations every three years, ensuring that any asbestos-related issues are managed proactively and safely. This is especially critical for schools and buildings constructed before 1980, as they are more likely to contain asbestos.

These measures underscore the importance of maintaining a safe learning environment by minimizing exposure to hazardous materials. Regularly scheduled inspections play a crucial role in safeguarding the health of students and staff.

Oregon Legislators Lead the Way on Asbestos Ban

U.S. Senator Jeff Merkley and U.S. Representative Suzanne Bonamici, both democrats representing Oregon, are leading the way in pushing for a complete asbestos ban in the U.S. First introduced in 2019, the Alan Reinstein Ban Asbestos Now Act of 2023 would fully ban asbestos.

Asbestos is heavily regulated in the U.S. and banned for most uses, but it is not completely outlawed. Passing the bill would stop the import of raw asbestos and asbestos materials into the U.S. The namesake of the bill died of mesothelioma in 2006.

This firm was extremely professional and responsive. If you have any meso questions, I’d highly recommend them.

– Michael L.

Legal Help in Oregon

Don’t forget to fill out our form to get our free Financial Compensation Packet, filled with information on the experienced asbestos and mesothelioma attorneys in your area. For additional assistance, contact us at 800-793-4540.