Chattanooga Mesothelioma Lawyer

Workers and residents who were injured by asbestos have the right to seek justice with the help of an experienced Chattanooga mesothelioma lawyer. Before the 1980s, many Chattanooga industries depended on asbestos, affecting thousands of workers.

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

Chattanooga Asbestos Facts

• Hamilton County and Chattanooga have the second-highest rate of asbestos-related deaths in Tennessee.
• Between 1999 and 2017, 350 people in the Chattanooga area died from asbestos illnesses.
• Metal smelting, textile production, and construction, among other industries, contributed to asbestos exposure in Chattanooga.

What Is Mesothelioma?

Mesothelioma is a rare cancer that affects the mesothelium, the tissue that lines the lungs and abdomen. The most common form is pleural mesothelioma, which develops around the lungs. It causes symptoms like chest pains, coughing, and shortness of breath and is often confused with lung cancer.

Peritoneal mesothelioma develops in the abdomen and is less common. It causes symptoms that include abdominal pain and swelling, constipation, and diarrhea.

Mesothelioma is caused by asbestos exposure. Asbestos is a natural mineral and insulator heavily used in many industries for most of the 20th century. Most people with mesothelioma were negligently exposed to asbestos at work.

How Does Secondhand Asbestos Exposure Occur and What Are Its Implications?

Secondhand asbestos exposure typically occurs when a person comes into contact with asbestos fibers indirectly. This happens when someone working directly with the material inadvertently carries these tiny, yet hazardous, fibers home. These fibers can cling to clothing, skin, or hair, making family members or housemates vulnerable to exposure.

Sources of Exposure:

• Clothing: Work uniforms or personal garments can trap fibers, which may later be inhaled by others in the household.
• Skin and Hair: Asbestos can also adhere to a worker’s skin or hair, especially if proper decontamination procedures are not followed.

Health Risks and Implications:

1. Mesothelioma: Like direct exposure, secondhand contact can lead to serious health conditions such as mesothelioma, a type of cancer affecting the lining of the lungs and abdomen.
2. Asbestos-Related Diseases: Other potential illnesses include asbestosis and lung cancer. These conditions often develop years after exposure, making early detection and attribution challenging.
3. Legal Responsibility: Recently, some state courts, like those in Tennessee, have started holding companies accountable for secondhand exposure cases. This legal development underscores the importance of workplace safety and proper decontamination procedures.

Conclusion

Understanding the pathway of secondhand asbestos exposure emphasizes the critical need for rigorous safety protocols in workplaces where asbestos is present. As the long-term health impacts can be severe and widespread, both employers and employees must prioritize preventive measures to protect families and communities from these hidden risks.

How to Take Legal Action for Mesothelioma in Chattanooga

If you have a mesothelioma diagnosis, you have a right to take legal action to seek compensation. There are several ways to recover damages for past negligent asbestos exposure:

• Mesothelioma personal injury lawsuit. Because asbestos exposure is negligent, mesothelioma is often considered a personal injury. You can sue the companies responsible for seeking a settlement or jury award.
• Mesothelioma wrongful death lawsuit. If your loved one died from mesothelioma, you can sue for damages. It may be considered a wrongful death.
• Asbestos trust fund claim. Many asbestos companies went bankrupt and can no longer be sued. You may be eligible to make a claim with an asbestos trust set up by these companies to compensate victims.
• VA benefits claim. If you can show your asbestos exposure occurred during military service, you may qualify for VA benefits, including disability compensation.

In Tennessee, the process for filing an asbestos claim is guided by specific legal requirements:

• Statute of Limitations: You must file a personal injury claim within 1 year of your mesothelioma diagnosis. For wrongful death claims, the deadline is 1 year from your loved one’s passing. This is more restrictive than many other states, so timely action is crucial.
• Evidence Submission: Plaintiffs must submit evidence to support the inclusion of each defendant named in a lawsuit within 30 days. Failure to provide sufficient evidence can lead to the dismissal of your case.
• Legal Defenses: Be aware of the “bare metal” defense, which allows defendants to argue they aren’t liable for asbestos replacement materials they didn’t manufacture, distribute, or sell.
• Compensation Limitations: Plaintiffs found 50% or more at fault for their injury cannot collect damages, making it essential to build a strong case with legal expertise.

Navigating these legal waters can be complex, but an experienced mesothelioma attorney can guide you through each step, ensuring your claim is filed correctly and exploring any potential legal exceptions that may apply to your case.

What is the Average Mesothelioma Settlement and Verdict in Chattanooga, TN?

In Chattanooga, TN, those impacted by mesothelioma often seek financial compensation for their suffering and related expenses. Generally, settlements in these cases range between $1 million and $2 million. These figures represent negotiations between the parties involved before a case goes to trial.

When cases proceed to court, the compensation awarded by a jury can be considerably higher. Mesothelioma verdicts in Chattanooga, TN, frequently average between $5 million and $11.4 million. This substantial difference typically reflects the jury’s assessment of the severity of the claimant’s condition and other associated factors.

Understanding these financial prospects can help affected individuals make informed decisions as they navigate their legal options.

How a Chattanooga Mesothelioma Lawyer Can Help

If you want to seek compensation for asbestos exposure and illness, you need excellent legal representation. Top Chattanooga attorneys with asbestos experience can sort through your complicated case and get you the best outcome.

Local mesothelioma attorneys are invaluable because they bring a deep understanding of the Chattanooga, TN legal landscape. Their familiarity with local judges and jury pools can provide you with a strategic advantage in court. Additionally, their knowledge of the numerous at-risk occupations known for asbestos exposure across Chattanooga, TN allows them to build a compelling case with detailed evidence tailored to your specific situation.

• Free Initial Consultations: Asbestos law firms offer free consultations to assess your case. They will evaluate your information to determine the viability of your claim.
• Comprehensive Case Building: If your case is viable, your attorney will leverage extensive resources to gather evidence demonstrating that companies negligently exposed you to asbestos.
• Efficient Legal Process: Being locally licensed, Chattanooga, TN-based law firms can handle your case swiftly, navigating the state’s legal system with ease.

Your asbestos attorney will file a lawsuit or claim on your behalf, negotiate a settlement, or take your case to court if necessary. Most importantly, the right lawyer will maximize your compensation for mesothelioma, ensuring that you receive the justice and financial support you deserve.

What Advantages Do Nationwide Asbestos Law Firms Offer?

Nationwide asbestos law firms come with a unique set of benefits that can be pivotal in securing the compensation you deserve. Here’s why you might consider turning to such firms:

1. Extensive Experience and Expertise:
These firms boast a deep well of experience in litigating against large corporations. With numerous cases under their belts, they understand the complexities of asbestos-related claims and can navigate the legal system effectively.

2. Comprehensive Resources:
Access to vast databases and specialized resources enables nationwide firms to build robust cases. They can tap into historical data, identify responsible parties, and uncover the necessary evidence to support your claim.

3. Proven Track Record:
Nationwide law firms often have a proven record of holding corporations accountable. This reputation can be advantageous when negotiating settlements or presenting your case in court.

4. Broad Network Access:
With their reach across the country, these firms can utilize a strong network of experts, from medical professionals to industry specialists, ensuring that your case is supported by authoritative testimony.

5. Financial Strength:
Larger firms typically have the financial resources to cover upfront costs, such as filing fees and expert witnesses, allowing you to focus on recovery without worrying about immediate expenses.

By choosing a nationwide asbestos law firm, you leverage their scale, experience, and resources, which can significantly enhance your chances of a favorable outcome.

What is the Statute of Limitations for Mesothelioma Lawsuits in Tennessee?

In Tennessee, the statute of limitations for filing a mesothelioma-related lawsuit depends on the nature of the claim:

• Personal Injury Claims: If you or someone you know is diagnosed with mesothelioma, you have 1 year from the date of diagnosis to file a lawsuit seeking compensation for personal injuries.
• Wrongful Death Claims: In the unfortunate event of losing a loved one to mesothelioma, you must file a wrongful death lawsuit within 1 year from the date of their passing.

These timeframes are critical, so it’s important to act promptly to ensure your legal rights are protected. Consulting with a legal expert can help guide you through the process.

Understanding the Impact of Fault on Personal Injury and Wrongful Death Claims in Chattanooga, TN

In Chattanooga, TN, the allocation of fault plays a crucial role in determining the outcome of personal injury and wrongful death claims. Here’s how it works:

• Comparative Fault Rule: Chattanooga, TN follows a modified comparative fault system. If you’re pursuing a claim, your ability to recover damages depends significantly on your percentage of fault in the incident.
• Threshold for Recovery: If you’re found to be 50% or more at fault for the injury or death in question, you’re ineligible to receive any compensation. This rule is designed to hold individuals accountable for their level of responsibility in an incident.
• Impact on Compensation: If you’re found to be less than 50% at fault, you can still recover damages, but the compensation will be reduced by your fault percentage. For example, if you’re deemed 20% responsible, your awarded damages will be diminished by that percentage.

This legal framework encourages plaintiffs to critically assess their role in the incident before proceeding with legal action. Evaluating the distribution of fault can be complex, often requiring expert legal analysis to navigate effectively.

Notable Tennessee Settlements and Verdicts in Asbestos Cases

Tennessee has seen several significant legal outcomes related to asbestos exposure, reflecting both the monetary and personal impacts of this issue. Here are some key examples:

• $34 Million Settlement: A mechanic in Kodak received $34 million, representing one of the state’s largest asbestos-related awards.
• $6.5 Million Verdict: In Clarksville, an auto mechanic was awarded $6.5 million, highlighting the occupational risks faced by those in the automotive repair industry.
• $5 Million Award: A stagehand and carpenter from Brentwood secured a $5 million settlement, emphasizing the widespread nature of asbestos exposure across various trades.
• $1.4 Million Judgement: In a landmark 2009 case, a Hamilton County jury awarded $1.4 million to Marian Jackson after determining her husband’s mesothelioma resulted from asbestos exposure during his career as a pipefitter. This case threw a spotlight on the dangers posed by asbestos in industrial settings.

Another significant case involved Joyce and Ronnie Stockton in 2015. They filed a lawsuit claiming Joyce developed mesothelioma after contact with her husband’s contaminated work clothes. Ronnie had been exposed to asbestos products while working as an auto mechanic. Initially, they were awarded $4.6 million. However, a Tennessee appeals court later overturned this verdict, remanding the case to a lower court due to procedural oversights regarding the jury’s findings on product safety.

These cases demonstrate not only the substantial awards that can result from asbestos litigation but also the complexities and challenges of navigating the legal process. Working with experienced asbestos attorneys often proves crucial in these intricate situations.

What is the “Bare Metal” Defense in Chattanooga, TN Asbestos Lawsuits?

In Chattanooga, TN asbestos lawsuits, the “bare metal” defense is a legal strategy employed by certain defendants. This defense enables them to argue that they should not be held accountable for any asbestos-containing materials that they neither manufactured, distributed, nor sold. Essentially, the doctrine protects companies from liability related to products they did not supply directly.

The core idea is to shield businesses from legal responsibility for harm caused by asbestos products that were added or replaced by third parties, without the company’s direct involvement. Consequently, if a company’s product was initially free of asbestos and later modified by someone else to contain this hazardous material, this defense might be used to argue that the company should not be liable for resulting damages.

This legal principle is significant in Tennessee’s courtrooms, particularly in complex product liability cases, as it can significantly impact the outcome of asbestos litigation. By emphasizing the origin and supply chain of the asbestos materials in question, defendants can challenge claims more effectively.

Overall, the “bare metal” defense reflects the nuances of product liability law and the importance of clear product lineage in legal battles over asbestos exposure.

Where Was I Exposed to Asbestos in Chattanooga, Tennessee?

Several industries in and around Chattanooga used asbestos and put workers at risk of exposure. These are just a few examples of where you could have been exposed.

Allied Metal Company

This industrial company has several facilities nationwide, including the Chattanooga branch on 3440 Lightfoot Mill Road.

Allied Metal Company smelts aluminum and zinc, supplying materials for appliances, automobiles, electronics, hardware, household products, and more.

Allied used asbestos for decades. Fire and high heat are always a concern at aluminum facilities. Asbestos resists heat and fire and has long been used as an insulator for fire protection.

In addition to the machinery used for smelting, asbestos was used in many company-made products. This asbestos put both workers and people who used the products made by Allied at risk of later health problems.

R.L. Stowe Mill Yard

Many textile mills once used asbestos. The abandoned R.S. Stowe textile mill in Lupton City still poses a risk for nearby residents because of this past use. The site once manufactured thread and employed many people. While it previously helped build the population of the area, it is now a dangerous eyesore.

The U.S. Environmental Protection Agency confirmed asbestos on the site. The mayor of Chattanooga pledged $1.5 million to clean up the area, but after two years, the effort has been slow.

Several issues have held up the process, including discovering an elevator shaft with a significant amount of asbestos. In early 2020, the city put the project on hold, citing high costs and the complicated nature of the cleanup.

Combustion Engineering

Combustion Engineering acquired two companies that made boilers in Chattanooga in 1925. Boilers at that time, and for decades to come, were made with asbestos insulation. The company also made other products with asbestos, including insulation and asbestos cement.

The Combustion Engineering facilities in Chattanooga exposed many workers to harmful asbestos. One of the victims was Ray Albright, a Tennessee State Senator until 1994. In 2016, Albright spoke out about his diagnosis of mesothelioma. He died in 2017.

Albright worked at Combustion Engineering beginning in 1953. He spent nearly two decades cutting boiler covers and remembered the asbestos dust it produced. Albright and many other former workers sued Combustion Engineering for failing to protect them from the dangers of asbestos.

Other Job Sites Associated with Asbestos Use in Chattanooga

Several older buildings and workplaces in Chattanooga have had or currently have issues with asbestos:

Schools

• East Ridge High School
• McBrien Elementary School
• Mccallie High School
• Westview Elementary School

Manufacturing Companies

• Gager Lime and Manufacturing Company
• Invista Nylon Plant

Hospitals

• Erlanger Health System
• Hamilton County Memorial Hospital

Additional Job Sites

• Chattanooga and Tennessee Electric Power Company
• Breeding Insulation Company Inc.
• Sewanee Coal & Supply Company
• Crystal Springs Bleachery Company
• E. I. Dupont De Nemours & Company
• Eclipse Lookout Boiler Company
• Southern Wood Preserving Company
• Standard Coosa Thatcher Company
• James Supply and Hardware Company
• Tennessee Valley Authority
• Tennessee Paper Mills Inc

Residents in Chattanooga Still at Risk of Asbestos Exposure

Asbestos exposure was much more common in the past, but people are still at risk. Asbestos lingers in older buildings and can cause harm when it deteriorates or is mishandled.

In 2012, a Hamilton judge found three Chattanooga residents guilty of purposely polluting the environment with asbestos. The residents didn’t take the proper precautions while working on a demolition project.

David Wood, James Mathis, and Don Fillers violated federal and state laws when their company was hired to demolish a former textile mill, Standard-Coosa Thatcher Plant. The plant was littered with asbestos.

Wood, Mathis, and Fillers hired several homeless men to help on the project, none of whom were trained and qualified to work around asbestos.

Not only was the community in danger of asbestos exposure, but they also put the workers in direct danger.

All three men were sentenced to prison for violating the Clean Air Act. They also must pay several fines to the city and face civil lawsuits should anyone develop asbestos-related illnesses.

How Chattanooga, TN Controls Asbestos Exposure

Chattanooga, TN employs a strategic combination of state laws and federal guidelines to effectively manage asbestos exposure risks among its residents.

State and Federal Collaboration

The state’s regulations closely align with federal standards set by the Occupational Safety and Health Administration (OSHA) and the National Emissions Standard for Hazardous Air Pollutants. This integration ensures comprehensive oversight and enforcement.

Key Aspects of Tennessee Asbestos Laws

• Personal Injury and Litigation: The legal framework, through statutes like Tennessee Code 28-3-104(a)(1), dictates time limits for filing personal injury and wrongful death claims related to asbestos exposure.
• Negligence and Liability: Tennessee utilizes a modified comparative negligence rule specified in certain state codes, detailing how fault is determined in asbestos-related cases.
• Damage Caps: Tennessee places limits on non-economic damages, such as emotional distress, with a cap of $750,000. This regulation is detailed under Tennessee Code Annotated Section 29-39-102.
• Professional Accreditation: To manage asbestos safely, the state mandates training and accreditation for professionals involved. Chapter 1200-01-20 outlines the requirements for certifying training providers, courses, and asbestos specialists.

Regulatory Bodies and Enforcement

The Tennessee Department of Environment and Conservation is the primary body managing asbestos regulations, specifically through its Air Pollution Control Division, which is responsible for overseeing permits linked to demolition and renovation projects involving asbestos.

In workplaces, the Tennessee Department of Labor & Workforce Development Division of Occupational Safety and Health enforces measures to protect employees from asbestos exposure. By upholding these standards, Tennessee ensures a multi-layered approach to safeguarding public health against asbestos risks.

Mesothelioma Treatment in Chattanooga

It’s important to find mesothelioma treatment from doctors and centers specializing in asbestos diseases, preferably a center backed by the National Cancer Institute (NCI).

Although there are no NCI-designated cancer centers in Chattanooga, nearby options include:

• Vanderbilt-Ingram Cancer Center:
  691 Preston Research Building
  Nashville, Tennessee, 37232
  615-936-8422
• Winship Cancer Institute:
  1365C Clifton Road
  Atlanta, Georgia, 30332
  404-778-1900

His meticulous attention to detail and expertise ensured our case was handled swiftly and efficiently. What truly impressed us was Paul’s responsiveness—he was always quick to reply and kept us well-informed throughout.

– Patrick M

Getting Legal Help in Chattanooga

Remember, if you’ve been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may qualify for significant compensation. Fill out our form to receive our free Financial Compensation Packet, filled with information on experienced asbestos lawyers in your area. If you need additional assistance, contact us toll-free at 800-793-4540.