An Ohio mesothelioma lawyer works with victims exposed to asbestos to help them seek justice, recover damages, and make claims on asbestos trust funds. Due to its industrial workforce, Ohio has seen more asbestos-related deaths than most other states, with nearly 13,000 deaths between 1999 and 2017.[1]
How to File a Mesothelioma or Asbestos Claim in Ohio
Asbestos exposure occurred all over Ohio. If you have an asbestos illness and live or work in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Springfield, or anywhere else in Ohio, you have legal rights.
Personal Injury and Wrongful Death Lawsuits
Nearly all cases of mesothelioma resulted from negligent asbestos exposure. You can file a lawsuit against the companies liable for your illness or for the illness that led to a loved one’s death.
A negligence lawsuit allows you to seek damages for medical expenses, lost wages, pain and suffering, and other costs of living with and dying from mesothelioma.
Asbestos Trust Fund Claims
In many cases of exposure, the responsible companies filed for bankruptcy over mounting legal costs. As part of this process, bankruptcy courts required these companies to set up trusts to compensate future claimants.
A mesothelioma lawyer can determine if you qualify for any asbestos trusts and help you make a claim for compensation.
Veterans’ Benefits
If you think you encountered asbestos during active military service, talk to a lawyer about filing a claim for benefits. The Veterans Administration rates mesothelioma as 100% disabling. You could be entitled to significant disability compensation.
Any type of claim or litigation over asbestos in Ohio will be complicated. The cards aren’t always stacked in favor of the victims. You must rely on an experienced Ohio mesothelioma lawyer to ensure you have the best chance of a good outcome.
How Much Compensation Can I Get for an Asbestos Claim in Ohio?
The amount of compensation or damages an individual can receive varies significantly. It depends on the extent of your exposure, the companies responsible, and other individual factors.
An experienced mesothelioma attorney can give you a reasonable estimate but not a guarantee. Some Ohio asbestos cases won by victims can give you an idea of the possibilities.
Robert Mitchell worked at the Pfaudler Co. factory in Elyria for decades, handling and cutting asbestos packing. He later developed mesothelioma. After he died, his family recovered $12 million in compensatory and punitive damages.
Other cases have been resolved for anywhere from $20,000 to tens of millions. Most claims end in settlements, in which lawyers negotiate on behalf of their clients. Those who go to court and are successful often result in the biggest compensation amounts.
How Was I Exposed to Asbestos in Ohio?
Ohio has no documented naturally occurring asbestos, although the state does have mining operations in the southeast region. Ohio workers have experienced so much asbestos exposure because numerous job sites used it in the past.
Asbestos was once heavily used throughout the state, from power plants to manufacturing plants to steel mills and chemical plants.
Asbestos was also used extensively in past construction, leaving many older buildings as ticking time bombs for asbestos exposure. Some sites in Ohio have been designated Environmental Protection Agency (EPA) Superfund sites due to contamination from asbestos and other toxins.
Industrial Jobs and Asbestos Exposure
Ohio’s economy once thrived on industrial work, and these are still essential jobs despite the downturn in manufacturing and other industries.
During Ohio’s industrial heyday, the state had a vibrant economy and high employment. However, many Ohioans were exposed to asbestos. All kinds of industrial jobs used asbestos.
Power plants, oil refineries, factories, chemical plants, and other industrial facilities used asbestos in machinery and equipment and for building insulation. Many used asbestos to make things like insulation, and workers had to handle the asbestos.
Tire Factories in Akron
Workers in Akron’s numerous rubber and tire factories suffered asbestos exposure for decades. These men and women worked for Goodyear, General Tire, B.F. Goodrich, and Firestone, the four major rubber companies that operated in Akron.
The rubber industry was hugely important in and around Akron and began operations in the 1870s. They began using asbestos in the construction of factories and in materials used to make rubber products in the early 1900s.
Much of the asbestos used in these facilities came from the Johns Manville Corp. Many victims have received compensation through a Johns Manville asbestos trust.[2]
Ohio Superfund Sites
Some Ohio industrial sites became so contaminated with toxic materials that the Environmental Protection Agency (EPA) named them Superfund sites. Many of these sites contained asbestos, and cleaning up the harmful substances cost millions of dollars.
The former Ohio Cast Products foundry, where car parts were made in Canton, is a Superfund site. It went bankrupt in 2004, leaving behind a toxic wasteland. In 2008, a fire ravaged the abandoned site, and firefighters reported many poisonous and flammable materials there. The EPA investigated and found asbestos and other substances requiring cleanup.[3]
The cleanup of the former Ohio Cast Products Superfund site is ongoing. The discovery of asbestos there means former workers were likely exposed, even those working up until the bankruptcy in 2004.
Asbestos-Contaminated Vermiculite from Libby, Montana
The Scotts Company facility in Marysville also exposed people to asbestos. The lawn and garden products manufacturer used vermiculite in many of its products. Some of that vermiculite came from the W.R. Grace mine in Libby, Montana.[4]
The extent of the asbestos in the Libby vermiculite did not come to light until the late 1980s. For decades, the material went to processing facilities around the country, including Scotts Company in Marysville. The facility received 430,000 tons of Libby vermiculite between 1967 and 1980.[4]
This put workers during that time at risk of asbestos exposure, along with residents living nearby and anyone who bought the garden and lawn products.
Known Sites of Asbestos Risk in Ohio
There are many industrial sites in Ohio that are associated with asbestos. All of these sites could have potentially exposed workers. Here are some of the notable places in Ohio responsible for asbestos exposure include:
- American Steel Foundry, Alliance
- American Sheet and Tin Plate Company, Alliance
- Columbus Steel Company, Columbus
- Goodyear Aircraft, Canton,
- Ford Motor Company, Cincinnati
- Dayton Power and Light Company, Dayton
- Armco Steel, Middletown
- Mead Paper Company, Chillicothe
- Procter & Gamble, Cincinnati
- Wright-Patterson Air Force Base, Dayton
- Republic Steel Corporation, Cleveland and Warren
- NASA, Cleveland
- Sun Oil Company, Toledo
- Wheeling Steel Corporation, Martins Ferry
- LTV Steel Mill, Canton, and Cleveland
- Lear Corporation, Zanesville
Is Asbestos Exposure Still a Risk in Ohio Today?
Unfortunately, the asbestos crisis is not over. Future victims will need the assistance of mesothelioma lawyers because asbestos lingers in Superfund sites, abandoned industrial sites, and in older buildings.
People can be exposed through the environment and from decaying asbestos materials in older homes, public buildings, and workplaces.
Recent events illustrate the ongoing dangers to residents and workers. In 2022, the city of Struthers demolished an old building without first checking for asbestos.
They put all nearby residents at risk of exposure by releasing asbestos dust into the environment. The city now faces repercussions for violating safety regulations.[5]
The Ohio Department of Development recently awarded millions of dollars in funding for counties and municipalities to clean up Brownfield sites and properties contaminated with toxins. The funding includes eight sites that contain asbestos. The projects include an old bakery in Columbus and school buildings in Cuyahoga County, among others.[6]
Ohio Asbestos Laws
Ohio laws cover safety regulations for current workers and residents and negligence lawsuits that impact how asbestos-exposure victims recover damages.
Asbestos Safety Regulations
The Ohio Environmental Protection Agency (EPA) oversees state asbestos laws and ensures federal regulations are followed. Laws require that only certified asbestos professionals work on asbestos projects.
All asbestos professionals must notify the state before projects begin. They must follow certain procedures for working with asbestos, including the process for disposing of waste material.[7]
Ohio introduced laws in 2004 to reform asbestos litigation. Filing an asbestos lawsuit now requires medical proof of an illness related to asbestos.
You must also show that the symptoms cause physical impairment. Victims of exposure must also prove how long they were exposed to asbestos and that an employer or other party knew about it.
Statute of Limitations
Ohio has a statute of limitations of two years for lawsuits related to asbestos illnesses. If you were diagnosed with an illness, you have two years to file a lawsuit; likewise, if you lost a loved one to asbestos, you have only two years from the time of death to start a wrongful death case.[8]
No Take-Home Duty for Secondhand Asbestos Exposure
State law also addresses which victims can sue asbestos companies for damages. Secondhand exposure occurs when someone brings asbestos fibers home on their person after working around asbestos materials. Those fibers can then expose family members, often spouses and children.
Ohio has both case precedence and a statute that limits the ability of secondhand asbestos exposure victims to recover damages. In a lawsuit from 2010, a woman sued after developing asbestosis. Her husband worked as a pipefitter at Goodyear in the 1970s. She washed his asbestos-laden work clothes.[9]
The court determined that the defendant was not liable for asbestos exposure on someone else’s property and dismissed the case. Ohio also has a statute that limits companies’ liability for secondhand asbestos exposure.[9]
This does not mean it is impossible to recover damages for secondhand exposure. An experienced asbestos attorney can find a way to help you get compensation.
Asbestos Trust Transparency Act
Ohio was the first state to pass a law requiring greater transparency when victims claim compensation with asbestos trusts. This law affects the amount plaintiffs can recover in damages from a personal injury lawsuit.
The law requires plaintiffs to disclose any compensation they have received from an asbestos trust and any claims they plan to make with trusts in the future. The courts can then reduce any jury awards in a lawsuit based on what the victim has already recovered from a trust.[10]
Cancer Care in Ohio
If you have come into contact with asbestos at work, regular medical care is important. Even if you think you may have been exposed but aren’t sure, get screened regularly so that if you do get sick, it can be diagnosed early for the best treatment options.
If you get a diagnosis of mesothelioma or lung cancer, several great facilities in Ohio can provide excellent care. The National Cancer Institute has designated two medical centers as comprehensive cancer centers. Both offer cutting-edge care and treatment and lead the way in cancer research:[11]
- Case Comprehensive Cancer Center at Case Western Reserve University
- James Cancer Hospital and Solove Research Institute at Ohio State University
Finding an Ohio Mesothelioma Lawyer
The 2004 reforms made filing and winning an asbestos illness lawsuit in Ohio much more difficult. They placed a burden of responsibility on the sick victim to prove that asbestos exposure caused the illness and that an employer or company was negligent.
To avoid the easy pitfalls in this legal system, you need an Ohio mesothelioma lawyer to help you make your case. Find a legal team with experience working in the system and successfully winning cases for people like you.
