Kentucky Mesothelioma Lawyers

Kentucky Mesothelioma Lawsuits

No person should be poisoned and incur crippling medical debt because of a company’s failure to keep them safe — but there is a way to fight back.

Through mesothelioma lawsuits, many Kentucky residents have secured funds for treatment and financial support.

Sometimes the best state in which to file your mesothelioma claim is not the state where you reside. Hiring a firm that has a nationwide reach can help ensure you file your claim in the proper venue.

Mesothelioma Settlements and Verdicts in Kentucky

Most mesothelioma lawsuits (over 95%) will be settled out of court. These mesothelioma settlements pay $1 Million on average to victims. Most manufacturers of asbestos-based products will want to settle a lawsuit to avoid a trial.

In the rare event that a lawsuit goes to trial, a jury will hear both sides of the case and determine a verdict.

While mesothelioma trial verdicts award $2.4 Million on average, that’s only if the jury sides with the asbestos victims. There is no way to guarantee a win through a trial.

The jury could also side with the manufacturer of asbestos-based products, in which case the victim gets no money.

To see if a settlement or trial is best for your case, contact a Kentucky mesothelioma lawyer today.

Statutes of Limitations in Kentucky

In Kentucky, the statute of limitations determines how long a person or their family has to file a mesothelioma claim. Each mesothelioma case is different, and there are a number of factors that contribute to how Kentucky courts will interpret the statute of limitations.

Top Kentucky mesothelioma lawyers understand the seriousness of the disease and the importance of filing the case as soon as possible.

They can discuss the statute of limitations for mesothelioma lawsuits in Kentucky and make sure that you are aware of all possible routes to compensation.

In fact, the only assured way to know how long you have to file a claim is with the help of an experienced asbestos attorney.

Asbestos Trust Funds & Statutes of Limitations

If you can’t file a lawsuit due to the statutes of limitations, you may be able to file a claim through an asbestos trust fund.

Asbestos trusts were established by the courts to handle the massive number of mesothelioma claims filed against companies that used asbestos widely during the 20th century.

Such trusts may have a longer statute of limitations than the state of Kentucky itself. A Kentucky mesothelioma lawyer can help you figure out if pursuing asbestos trust funds is an option for you.

Asbestos Rules and Regulations in Kentucky

Kentucky is governed by the major federal regulations that protect Americans from asbestos exposure.

These federal regulations include:

• OSHA: Part of the Department of Labor, the Occupational Safety and Health Administration (OSHA) maintains certain asbestos standards concerning worker exposure, including, but not limited to:
  • Establishing a legal worker exposure time limit
  • Developing engineering controls to reduce airborne asbestos levels
  • Providing employees with personal protective equipment
  • Monitoring worker health if exposure times are exceeded
• NESHAP: The National Emission Standards for Hazardous Air Pollutants (NESHAP) were established by the Environmental Protection Agency (EPA) to keep the air free of toxins. NESHAP regulates the use and disposal of asbestos and mandates certification for companies involved with asbestos abatement.
• AHERA: The Asbestos Hazard Emergency Response Act (AHERA) requires local education agencies to inspect school buildings and develop a response plan to reduce asbestos hazards.

Kentucky has also passed cancer presumption laws for first responders, but they do not apply to lung cancer, mesothelioma, or asbestosis.

For example, a Kentucky firefighter who develops an asbestos-related disease after inhaling asbestos fibers may still have to file an asbestos lawsuit to access resources for treatment.

Along with these laws, the Kentucky Occupational Safety and Health Program and the Kentucky Division of Waste Management have additional regulations to promote workplace safety and asbestos disposal.

For asbestos removal in Jefferson County, additional restrictions may apply. Jefferson County is home to Louisville, which has the highest number of reported mesothelioma deaths per capita in Kentucky, according to the CDC.

Asbestos Sites in Kentucky

Kentucky is famous for its coal mines, factories, and military bases — all locations that are associated with a high risk of asbestos exposure.

Most, if not all, of the asbestos in Kentucky was imported from other states. In turn, historical exposure sites also include schools, factories, refineries, and other job sites.

Because asbestos was also used so widely in construction, any building predating the 1980s potentially houses the toxic mineral.

Below is only a partial list of job sites associated with asbestos exposure. In reality, there are more than 1,600 job sites in Kentucky where known asbestos exposure occurred.

When it comes time to prove your claim to a trust or court, proving the source of exposure is a key element. Top Kentucky mesothelioma lawyers can help with this.

Kentucky Veterans Asbestos Exposure

For men and women who served in the armed forces, there is an elevated risk of asbestos exposure. They may have been exposed to toxic dust in damaged buildings or on base, where asbestos was used extensively.

Kentucky is home to several famous military bases:

• Fort Knox
• Fort Campbell
• Fort Thomas (closed in 1964)

Asbestos is durable, heat-resistant, and easy to work with. Every branch of the military found uses for it in brake-pads, gaskets, insulation, building materials, and more. Roughly one-third of all new mesothelioma cases are American veterans.

Kentucky VA Information

The U.S. Department of Veterans Affairs (VA) has resources available for veterans with mesothelioma and other asbestos-related diseases.

Mesothelioma VA benefits Include:

• Aid & attendance
• Disability compensation
• Hospice Care
• Survivor benefits

The VA also works with top mesothelioma doctors who can treat veterans through the VA health care system.

VA mesothelioma doctors include:

• Dr. Avi Lebenthal
• Dr. Robert Cameron

The Mesothelioma Cancer Network has no affiliation with and is not endorsed or sponsored by Dr. Robert B. Cameron. The contact information above is listed for informational purposes only. You have the right to contact Dr. Cameron directly. Visit the UCLA Health website to learn more about Dr. Robert Cameron.

There are a number of VA facilities in Kentucky, including:

VA Inpatient Care Sites

• Cincinnati VA Medical Center-Fort Thomas, Fort Thomas
• Lexington VAMC: Cooper Division, Lexington
• Lexington VAMC: Leestown Division, Lexington
• Robley Rex VA Medical Center, Louisville

VA Outpatient Clinics

• Hopkinsville, Kentucky OPC, Hopkinsville

Community-Based Outpatient Clinics

• Bellevue Community Based Outpatient Clinic, Bellevue
• VA Clinic Berea, Berea
• Bowling Green VA Clinic, Bowling Green
• Carrollton VA Clinic, Carrollton
• Grayson County VA Clinic, Clarkson
• Florence Community Based Outpatient Clinic, Florence
• Fort Knox VA Clinic, Fort Knox
• Hanson Community Based Outpatient Clinic, Hanson
• VA Clinic Hazard, Hazard
• Newburg VA Clinic, Louisville
• Shively VA Clinic, Louisville
• Stonybrook VA Clinic, Louisville
• Mayfield Community Based Outpatient Clinic, Mayfield
• VA Clinic Morehead, Morehead
• Owensboro Community Based Outpatient Clinic, Owensboro
• Paducah Community Based Outpatient Clinic, Paducah
• Prestonsburg VA Clinic, Prestonsburg
• VA Clinic Somerset, Somerset

Veterans Centers

• Lexington Veterans Center, Lexington
• Louisville Veterans Center, Louisville

Veterans Benefits Administration Regional Offices

• Louisville Regional Benefit Office, Louisville
• Intake Site (Pre-Discharge Claims Assistance), Fort Knox
• Intake Site (Pre-Discharge Claims Assistance), Fort Campbell

Depending on your exposure history, you may be eligible for VA benefits. Because your exposure likely happened decades ago, Kentucky mesothelioma lawyers can help you build your claim and file for benefits.

Service organizations like the American Legion (AML) and Veterans of Foreign Wars (VFW) can also help with submitting claims for VA benefits.

Work With Kentucky Mesothelioma Lawyers

Because of the nature of mesothelioma, which has a latency period that is sometimes decades-long, many people are simply not aware they are slowly developing cancer.

When the signs and symptoms of mesothelioma finally present themselves, the cancer has often already progressed aggressively, leaving patients and their families with fewer options and very little time to act.

Even if the exposure happened years ago, it is not your fault. The companies that profited from asbestos knew full well that their workers and customers were getting sick — but only cared about the profits.

Kentucky mesothelioma lawyers help patients seek justice after their life-altering diagnosis. If you are thinking of filing a mesothelioma claim in Kentucky, or you want to file on behalf of a family member, there is limited time to act.

To learn whether you may be able to file a claim, start a free case review now.

Get a free case review today.