Due to the state’s mining industry, thousands of people developed life-threatening asbestos-related illnesses in Montana. An experienced Montana mesothelioma lawyer can help if you’ve been diagnosed with mesothelioma or any other asbestos disease.
Keep in mind that if you or a loved one have been injured by mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to a significant amount of compensation. Fill out our form to get a free Financial Compensation Packet. You’ll learn about the experienced mesothelioma lawyers in Montana, how to get paid in 90 days, how to file a claim for the asbestos trust funds, and more.
Many clients start receiving compensation in as few as 90 days, with additional checks arriving over the next year or so until the case is fully resolved. While the timeline can vary based on the specifics of each case, our dedicated Montana asbestos lawyers strive to secure the maximum compensation as swiftly as possible.
By engaging with our resources, you’ll gain insights into:
- The process of filing a claim.
- Expected timelines for initial and ongoing payments.
- How to effectively navigate the asbestos trust funds.
This comprehensive approach ensures you are well-prepared and informed every step of the way.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
We are happy to offer assistance to all asbestos victims and their families in every city and town in Montana, including:
Libby, Billings, Missoula, Great Falls, Bozeman, Butte-Silver Bow, Helena, Kalispell, Havre, Anaconda-Deer Lodge, County Miles, Helena Valley West Central, Helena Valley Southeast, Belgrade, Livingston, Laurel, Lockwood, Whitefish, Evergreen, Sidney, Lewistown, Orchard Homes, Glendive, Columbia Falls, Polson, Hamilton, Bigfork, Dillon, Malmstrom AFB, Helena Valley Northwest, Hardin, Lolo, Glasgow, Shelby, Four Corners, Deer Lodge, Cut Bank, Montana, Wolf Point, Helena Valley Northeas,t Conrad, Lakeside, East Missoula, Big Sky, Colstrip, North Browning, Pablo, Red Lodge, Lame Deer, East Helena, South Browning, Columbus, West Glendive, Malta, Townsend, Ronan, Three Forks, Plentywood, Stevensville, Baker and Forsyth, Crow Agency, Roundup, Choteau, Bonner-West Riverside, Big Timber, Frenchtown, Clancy, Manhattan, Fort Benton, Fort Belknap, Agency and Sun Prairie, Thompson Falls, West Yellowstone, Seeley, Lake Helena, West Side, Chinook, Absarokee, Boulder, Eureka, Black Eagle, Gardiner, Helena Flats, Whitehall, Somers Plains, Scobey Park, Browning, Gallatin, Gateway, Harlowton, White Sulphur Springs, Rocky Boy, West Churchill, Troy, Fairview, Pinesdale, Hungry Horse, Clinton, Hays, Florence, Chester, and more.
Montana Asbestos Facts
- Montana saw 1,520 deaths related to asbestos exposure between 1999 and 2017.
- Of those deaths, 240 were a result of mesothelioma, and 337 were from asbestosis. The rest can be attributed to lung cancer.
- Lincoln County, the site of the infamous Libby mine, has the highest rate of asbestos-related deaths in the state.
- The mines near the town of Libby, owned and operated by W.R. Grace, extracted millions of tons of asbestos and vermiculite.
- Many companies, including W.R. Grace, mined, sold, and shipped both asbestos-contaminated vermiculite to plants in other states, exposing many more people.
How Does Asbestos Exposure Lead to Mesothelioma?
Understanding the link between asbestos exposure and mesothelioma is crucial for anyone who might come into contact with this hazardous material. Asbestos fibers, once considered a miracle mineral, are now well-known for their severe health risks.
The Path from Exposure to Illness
- Inhalation or Ingestion: When materials containing asbestos are disturbed, tiny fibers are released into the air. These fibers can be inhaled or ingested unknowingly by individuals.
- Lodging in the Body: Once inside the body, these fibers can embed themselves in the lining of organs, particularly in the lungs, abdomen, or heart, where they start to irritate healthy tissues and cells.
- Cellular Damage Over Time: The irritation caused by embedded asbestos fibers can, over a span of decades, cause the surrounding tissues and cells to undergo mutations. This cellular damage can lead to various forms of cancer, with mesothelioma being the most notorious.
- Long Latency Period: One of the most challenging aspects of diagnosing mesothelioma is its long latency period. Symptoms can take anywhere from 20 to 50 years to manifest after the initial exposure. By the time symptoms appear, the disease may have already progressed significantly, complicating potential treatments.
Challenges in Diagnosis
The symptoms of mesothelioma often overlap with those of more common illnesses, which makes diagnosing it particularly difficult. This overlap can lead to delays in receiving the right treatment, emphasizing the need for awareness and regular health check-ups if asbestos exposure is suspected.
In summary, while asbestos was once lauded for its durability and fire-resistant properties, it’s now a well-documented health hazard. Its fibers, when lodged in the body, can escalate into serious health issues like mesothelioma many years after the initial exposure. Understanding this process is key to prevention and early diagnosis.
Am I Eligible to File a Mesothelioma Lawsuit in Montana?
If you were diagnosed with mesothelioma in Montana, you are probably eligible to file a lawsuit. A mesothelioma lawsuit is a legal action suing companies responsible for your asbestos exposure. The reason to sue over mesothelioma is to seek compensation for your resulting expenses. These lawsuits can provide substantial compensation, typically ranging from $1 Million to $11.4 Million, depending on whether your case settles or goes to court. Settlements usually average between $1M and $1.4M.
A Montana mesothelioma lawyer can explain your legal options, which might include one or more of the following:
- Personal injury lawsuit. Mesothelioma is considered a personal injury because asbestos exposure is usually negligent. The companies responsible can be held liable, and a lawsuit can result in compensation through a settlement or jury award.
- Wrongful death lawsuit. If your loved one died from mesothelioma, you could be eligible to file a wrongful death suit for compensation.
- Asbestos trust fund claim. If the companies that exposed you to asbestos went bankrupt, you cannot sue. However, they should have funded asbestos trusts to compensate victims. You can file a claim with all those that apply.
- VA benefits claim. Military veterans have high rates of asbestos illnesses. If you can connect your illness to asbestos exposure during service, you can file a claim for benefits.
By working with legal experts, you can also get help:
- Identifying the asbestos-containing products you were exposed to.
- Holding the companies that manufactured those products accountable for your illness.
- Pursuing life-changing compensation that can help you pay for treatments and secure your family’s financial future.
Over 99% of mesothelioma lawsuits result in settlements, meaning many clients never have to step foot in court to receive compensation. This process not only holds negligent companies accountable but also provides financial relief for medical treatments and secures the future for your family.
How Much Is a Typical Mesothelioma Settlement Worth?
When considering compensation for a mesothelioma claim, it’s important to understand the financial range that settlements and verdicts typically fall within.
- Settlements: On average, mesothelioma settlements tend to fall between $1 million and $1.4 million. These figures represent negotiated agreements between the plaintiff and the defendant, often reached before a case goes to trial.
- Verdicts: If the case proceeds to court and results in a verdict, the average compensation can be significantly higher. Court verdicts often range from $5 million to $11.4 million. This amount reflects the jury’s decision and may include additional damages for the suffering endured by the victim.
These figures provide a general idea of potential financial outcomes, although each case is unique, and the actual amount can vary based on factors such as the severity of the illness, legal representation, and jurisdiction.
Will an Asbestos Lawsuit Be Filed as a Class Action?
In the past, class action lawsuits were a common approach for handling asbestos cases. However, these types of lawsuits have become less frequent today. The main reason? They often don’t secure as much financial compensation for individuals who have been affected by asbestos-related diseases like mesothelioma.
Instead, asbestos lawsuits are now predominantly filed on an individual basis. This method allows for personalized legal attention, which can be crucial for your case. Your attorney will focus on your unique circumstances, striving to secure the maximum compensation possible to cover medical treatments and related expenses.
Why Choose an Individual Lawsuit?
- Personal Attention: Your case receives individual focus, enhancing the chances of a favorable outcome.
- Maximum Compensation: Individual lawsuits aim to obtain the highest possible financial award tailored to your specific needs.
- Tailored Legal Strategy: Your attorney can develop a bespoke approach that aligns with your unique situation.
Choosing the right legal pathway can make a significant difference in the outcome, so it’s beneficial to consult with a seasoned attorney who can guide you through the process and ensure your case receives the attention it warrants.
How to Find a Montana Mesothelioma Lawyer
Consider working with a mesothelioma lawyer if you were diagnosed with any asbestos illness. Asbestos exposure is almost always negligent, so you have a right to seek compensation.
When you’re ready to take that step, look for a top Montana mesothelioma lawyer in a larger asbestos firm. The backing of a large firm means they will have the experience, network, and resources necessary to bring your case to a successful conclusion.
The right lawyer should have proven experience winning cases for similar clients. Be sure they offer contingency payment, so you pay nothing until they win.
When evaluating Montana mesothelioma lawyers, consider those with a strong track record of success. Look for attorneys who have secured substantial compensation for their clients, boasting high success rates in asbestos cases. Experience matters, and finding a legal team that has handled thousands of mesothelioma cases can make a significant difference in the outcome.
Decades of dedicated practice in the field reflect a deep understanding of the complexities involved in asbestos litigation. Opt for a legal team comprising experienced attorneys, paralegals, and investigators who work collaboratively to build a robust case.
By choosing a lawyer with these credentials, you ensure that you’re not only represented by someone who knows the ins and outs of mesothelioma cases but also by someone who has a history of delivering results.
The right Montana asbestos attorney will also offer a free initial consultation. You shouldn’t have to risk any money just to reach out and get some questions answered.
How Successful is This Law Firm with Mesothelioma Cases?
This law firm boasts an impressive history of securing favorable outcomes for mesothelioma cases. They have successfully recovered over $5.2 billion on behalf of their clients facing asbestos-related illnesses.
With a remarkable 98% success rate in securing compensation for asbestos cases, they demonstrate consistent effectiveness in delivering results for their clients. Their experience and dedication significantly increase the likelihood of obtaining a favorable settlement or verdict.
How Does This Law Firm Gather Evidence for a Mesothelioma Case?
Gathering evidence for a mesothelioma case is a meticulous process. Given the long latency period of asbestos exposure—sometimes spanning 20 to 50 years—pinpointing the source of exposure can be daunting. However, specialized law firms excel in this area due to their depth of experience.
Comprehensive Evidence Collection
- Historical Research: These firms delve into historical records to trace back potential exposure points. This involves exploring job sites, product lists, and known asbestos exposure locations.
- Product Identification: They maintain extensive databases of asbestos-containing products and the companies that manufactured them. This aids in identifying what specific products could have been responsible for exposure.
- Industry Expertise: Leveraging years of experience, these firms have accumulated vast amounts of data on past cases. This includes lists of manufacturers and employers known to have used asbestos.
By combining in-depth research, data analysis, and historical records, law firms build robust cases. Their goal is to identify those accountable for your exposure and pursue justice on your behalf. Through this structured approach, they can effectively navigate the complexities of asbestos litigation.
Where Was I Exposed to Asbestos in Montana?
Most people with mesothelioma were exposed to asbestos on the job. Some of the industries that used the most asbestos include construction, shipbuilding, manufacturing, and oil refining.
Montana is a largely rural state with fewer industrial jobs than many other states. This should have protected more residents from asbestos exposure. The presence of a vermiculite mine contaminated with asbestos increased the risk of exposure for many workers and residents.
Libby, Montana, and its W.R. Grace vermiculite mine remains the primary exposure area for Montana residents but not the only one. Some other buildings and workplaces exposed Montana residents to asbestos.
What is Secondhand Asbestos Exposure, and How Does It Occur?
Secondhand asbestos exposure, also known as para-occupational or household exposure, refers to the unintentional contact with asbestos fibers by individuals who do not directly work with asbestos but live with someone who does. This type of exposure typically takes place when a person inadvertently carries asbestos fibers into the home.
How It Occurs:
- Clothing Contamination: Workers in industries such as construction, shipbuilding, or automotive repair might unknowingly bring asbestos fibers home on their work clothes.
- Hair and Skin Contact: Asbestos fibers can settle on a person’s hair or skin while they are at work, potentially transferring to family members during physical contact or activities such as hugging.
- Home Environment: The presence of asbestos particles in the household environment—transferred from contaminated clothing or personal items—can expose family members over time.
The key risk of secondhand exposure lies in the microscopic size of asbestos fibers, which can be easily inhaled. Regular interactions and the close proximity of family members can heighten the risk of health issues linked to asbestos, such as mesothelioma or other respiratory diseases.
Libby, Montana: Asbestos and Mesothelioma
Mining has long been an important industry in Montana. The company W.R. Grace mined vermiculite in the area for decades. What no one knew for many years was that the otherwise harmless mineral contained contaminating asbestos.
Asbestos Exposure in Libby
Consequently, thousands of residents in and around Libby were exposed to asbestos fibers. According to the Agency for Toxic Substances and Disease Registry, a mortality analysis of death certificates issued between 1979 and 1998 indicated a high number of deaths from cancer in the small town of Libby.
According to the Environmental Protection Agency (EPA), the mines around Libby “may have produced 80 percent of the world’s supply of vermiculite.” Sold by W.R. Grace under the brand name Zonolite, this material was widely used in such products as attic insulation.
Because the Libby vermiculite deposits contained asbestos fibers, the distribution of the material to other states spread asbestos to other processing plants, workers, and residents.
The EPA estimates that in 1985, around 940,000 homes contained or had contained Zonolite vermiculite insulation.
Stimson Lumber Mill
Another Libby-area business affected by asbestos exposure was the Stimson Lumber Mill. The mill, which was destroyed in a 2010 fire, was closed in 2003 due to asbestos-related problems.
The asbestos residue was found in Stimson’s plywood plant, finger jointer, central maintenance building, and the log yard during a 2002 EPA inspection.
In addition, EPA testers found asbestos in two large piles of wood chips and tree bark outside the town limits.
Other Sites of Asbestos Exposure in Libby
The job sites in and around Libby impacted by asbestos include:
- Libby Mine
- Stimson Lumber Mill
- Burlington Northern Santa Fe Railroad, Libby line
- Karst Mine
Compensation for Libby, Montana, Asbestos Victims
The most recent update in the case of Libby came late in 2021 when the Montana Supreme Court upheld a nearly $100 million asbestos judgment in favor of the state.
When victims sued the state over asbestos exposure in Libby, the government turned to its insurer, National Indemnification Co. The court decided the insurer owed the state millions to help pay claims and litigation costs.
W.R. Grace went bankrupt after facing lawsuits. During the bankruptcy process, the company set up an asbestos trust fund to compensate victims who could no longer sue the defunct company.
W.R. Grace funded the asbestos trust with $4 billion. It began accepting claims on August 25, 2014, and still takes claims today. The current payment percentage on claims is 31.7% for both expedited and individual reviews.
Examples of Mesothelioma Settlement Amounts in Montana
When considering mesothelioma lawsuits in Montana, several past settlements and verdicts highlight the financial outcomes some have achieved. Here are a few examples:
- A patient from Conrad received a settlement of $3 million.
- An asbestos worker in Saint Regis was awarded $2.8 million.
- Columbia Falls saw an aluminum worker obtain a settlement of $1.5 million.
- In Great Falls, a farmer and mechanic secured $1.34 million.
- Forsyth provided a U.S. Navy veteran and laborer with $1.22 million in compensation.
- A utility worker from Billings received $1.13 million.
- A settlement of $2.49 million was awarded to a resident of Dillon with mesothelioma.
These examples reflect a range of settlements, but it’s crucial to understand that each case is unique. Settlement amounts can vary significantly based on the specifics of the case and various underlying factors.
Other Montana Job Sites with Asbestos
Workers in Montana’s three oil refineries and at least six electrical power plants came into contact with asbestos fibers.
Most of the asbestos-lined pipes transferred either oil or high-pressure steam, but a significant amount of asbestos fibers was woven into the fabric of the workers’ protective gear.
Other areas of asbestos exposure in Montana include mines, lumber companies, and public buildings.
Asbestos exposure occurred in the following facilities:
- Anaconda Copper Mining Company in Butte
- Colstrip Power Plant in Colstrip
- Water and Electric Light Company in Miles City
- Union Oil Company refinery in Cut Bank
- Texaco Oil facility in Sunburst
- Montana Refining Company facility in Great Falls
- Conrad Placer Mining Company
- C&C Plywood Corporation
- Anaconda Copper Mining Company
- Saltenberger Plumbing & Heating
- Farmer’s Union Central Exchange
- Boston and Montana Consolidated
- Laurel Oil and Refining Company
- Cenex Refinery
- J Neil Lumber Company
- Saint Regis Paper Company
- Northern Pacific Railway Company
- Bozeman Montana College
- Lewis and Clark Power Plant
- Stauffer Chemical Company
- Helena Power Transmission Company
- Western Ranch Supply Company
- Sierra Talc and Clay Company Inc
- Montana State Hospital
- Warm Springs State Hospital
- Montana Coal and Iron Company
- Montana Refining
- University of Montana
- Montana State University
Montana Asbestos Laws
Montana state laws help keep current residents and workers safe and direct how lawsuits and claims proceed.
Statute of Limitations on Mesothelioma and Asbestos Lawsuits
Mont. Code Ann. § 27-2-2021 et seq., the Montana statute of limitations for personal injury cases, including asbestos-related lawsuits, requires that each case must be filed within three years of the time the illness was discovered or should have been discovered.
Wrongful death asbestos-related cases must be filed within three years of the victim’s actual date of death.
Montana’s Asbestos Safety Regulations
Montana follows state asbestos laws, as well as regulations implemented by the EPA, OSHA, and NESHAP.
Montana’s Department of Environmental Quality Asbestos Air Act and Asbestos Control Act enforces and outlines regulations related to asbestos:
- All schools built with asbestos in Montana must follow the EPA asbestos regulations. However, state rules under the Montana statutes also apply, as well as OSHA rules.
- The Montana Asbestos Control Act mandates that anyone working on an asbestos abatement not only must provide written notification to the state beforehand but also must be certified to work around asbestos by the state.
- A clean-up order is strictly enforced for anyone who dumps or leaves asbestos on their property if it poses threats to the public.
- A certified Montana inspector must inspect all areas of an asbestos abatement project before it begins.
- When removing asbestos, it must be contained in an encapsulation that is clearly marked and then taken to an approved landfill.
For more information and in-depth details about asbestos laws in Montana, contact the Montana Department of Environmental Quality’s Asbestos Control Program at 406-444-1436.
The Process for Negotiating a Mesothelioma Settlement
Navigating a mesothelioma settlement involves several key steps that can lead to compensation for those affected by asbestos exposure. Understanding this process can help you or your loved ones prepare for what’s ahead.
Starting with Legal Representation
The first step is securing a knowledgeable asbestos attorney. These professionals bring experience in handling complex cases and can significantly strengthen your position in negotiations. They know the industry players, including the manufacturers typically involved in such cases.
Gathering Evidence
Your attorney will gather all necessary documentation and evidence, including medical records, employment history, and proof of asbestos exposure. This is crucial for building a strong case that illustrates the responsibility of manufacturers or other parties involved.
Initiating Negotiations
Once your attorney has compiled the evidence, they will begin negotiations with the responsible asbestos product manufacturers. The aim here is to reach a fair settlement that compensates for medical expenses, lost income, and other damages.
Settlement vs. Trial
Most mesothelioma cases conclude with a settlement, as parties often prefer to avoid the uncertainty and expense of a trial. However, if negotiations don’t result in an acceptable settlement, your attorney may recommend proceeding to trial. In court, a judge or jury will evaluate the case and decide the compensation amount.
Receiving Compensation
After a settlement is agreed upon, compensation can be distributed relatively quickly. In some cases, initial payments might begin in as few as six weeks, with additional payments potentially extending over several months to a year.
Continuous Monitoring
Even after a settlement is reached, ongoing communication with your legal team ensures you receive all entitled benefits and any further necessary legal action is promptly addressed.
In essence, the process aims to secure compensation efficiently, allowing victims and their families to focus on recovery and managing other life aspects. Understanding each stage can make a daunting journey more manageable.
Mesothelioma Treatment in Montana
Montana is home to several cancer treatment centers, including the Montana Cancer Center in Missoula. The Center for Asbestos-Related Disease in Libby offers screenings and other resources.
Wherever you seek treatment, it is important to find an experienced doctor specializing in asbestos-related diseases.
Montana Cancer Center
The Montana Cancer Center at St. Patrick Hospital in Missoula was certified by the Commission on Cancer as a Community Hospital Comprehensive Cancer Program in 1998.
Its various specialists, including oncologists and surgeons, treat cancers of all types, including mesothelioma and lung cancer.
Most patient care services are offered at the Montana Cancer Center’s main facility in Missoula. However, the Center’s oncologists visit outreach centers outside Missoula twice weekly.
The Montana Cancer Center offers mesothelioma treatments to patients in all stages of the disease, including biopsies, imaging, surgery, radiation therapy, and chemotherapy.
The Center for Asbestos Related Disease (CARD)
Because of the great need in Libby, CARD opened there to provide impacted residents with important resources. CARD operates with funding from the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.
You can get cancer and asbestos illness screenings here, resources to learn more about asbestos and mesothelioma, and help managing an existing disease.
Diagnosing mesothelioma presents significant challenges due to its subtle and often delayed symptoms. The disease can mimic other ailments, making it difficult for doctors to pinpoint mesothelioma as the cause right away.
Symptoms might not surface until decades after the initial asbestos exposure, sometimes taking 20 to 50 years to appear. When symptoms do emerge, they often resemble those of more common respiratory or gastrointestinal conditions.
Common symptoms include:
- Persistent cough
- Chest pain
- Shortness of breath
- Unexplained weight loss
- Fatigue
- Abdominal swelling and discomfort
These symptoms can easily be mistaken for other, less severe health issues, complicating the path to a definitive diagnosis.
This delayed symptom onset and symptom similarity to other diseases pose a substantial challenge for healthcare professionals, often necessitating extensive testing and thorough patient history reviews to arrive at an accurate diagnosis.
This firm was extremely professional and responsive. If you have any meso questions, I’d highly recommend them
– Michael L.
Getting Legal Help in Montana
Remember, if you’ve been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may qualify for significant compensation. Get our free Financial Compensation Packet for information on the top mesothelioma and asbestos lawyers in your area. If you have questions or need assistance, contact us toll-free at 800-793-4540.
