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With no known natural deposits of asbestos, most instances of mesothelioma and other conditions are related to occupational hazards. One known common cause of asbestos exposure is in the shipbuilding industry. With its conveniently located coastline on the Gulf of Mexico, Mississippi shipyards have constructed and repaired a significant number of commercial and naval vessels. Ships often contained hundreds of components that contained asbestos materials. Mississippi has two large shipyards where workers may have been exposed to asbestos. These shipyards have been named as defendants in lawsuits stemming from asbestos exposure.
Mississippi is also home to several companies within the oil industry. Oil and gas production in the state began in the early 20th centuries, and the state continues to be a large producer of carbon-based fuel. Major oil and gas companies could have exposed workers to this dangerous substance. Because asbestos is resistant to fire, heat and chemicals, boiler operators, chemical workers, electrical plant operators, electricians, gas fitters and welders are also at an increased risk of developing mesothelioma or other asbestos-related conditions and may have the ability to seek compensation from lawsuits and trust fund claims.
Another cause of asbestos exposure unique to Mississippi is the damage caused by Hurricane Katrina. While most attention during the storm was on the devastating damage to Louisiana, the storm also ravished through Biloxi, Mississippi and other areas. It hit casino boats. Flood waters infiltrated many homes. Asbestos was a commonly-used material in homes and other buildings built before the 1980s. While the material may not be harmful if it is not disturbed, the hurricane dislodged asbestos materials. This caused it to be a concern during the cleanup process.
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Mississippi Asbestos Regulatory Agencies
Mississippi Mesothelioma Diagnoses
Mississippi Laws Concerning Asbestos
Mississippi Statute Of Limitations
Mississippi Asbestos Trust Funds
Mississippi Mesothelioma Verdicts and Settlements
Mississippi Asbestos Exposure Site List
Mississippi Mesothelioma Law Firms
Mississippi Mesothelioma Diagnoses
Reports indicate Mississippi ranks 20th in the country for the number of mesothelioma and asbestosis diagnoses. Between 1999 and 2015, more than 281 Mississippi residents were diagnosed with mesothelioma. The highest incident rates in the state occur in the most southern part of the state. Additionally, more than 516 Mississippi residents were diagnosed with asbestosis and another 1,096 were diagnosed with non-mesothelioma lung cancer. Most diagnoses have been in the following Mississippi cities:
Mississippi Asbestos Laws
Mississippi has a number of laws related to asbestos and mesothelioma cases. These laws determine what a claimant must prove in order to receive compensation stemming from damages caused by asbestos exposure and when a claim must be filed. There is also statutory authority that gives certain agencies the right to regulate asbestos use in the state.
Court Exposure Standard
Each state establishes its own standard of what a plaintiff in a workers’ compensation case must establish in order to be eligible to receive compensation for damages related to mesothelioma or another asbestos-related medical condition. The standard differs by state. The most commonly embraced standard is that of the Lohrmann test. For this standard, the plaintiff must show that the defendant’s product was a substantial factor in the development of mesothelioma or another asbestos-related condition. This is established by showing the regularity, frequency and proximity between the plaintiff and the defendant’s product. The highest court in Mississippi has adopted this standard. It stated that the Lohrmann test identifies the defendant’s product, establishes how the plaintiff was exposed to these products and shows proximate causation regarding the injuries that the plaintiff suffered.
Statute of Limitations
The statute of limitations is the time limit by which a victim must file a lawsuit to prevent the claim from being time-barred. In Mississippi, the statute of limitations to bring a mesothelioma lawsuit for personal injury is three years. Even if exposure was well before this point, a victim may be able to bring a claim if he or she brings the lawsuit within three years of learning that he or she had mesothelioma. The statute of limitations is also three years in cases involving wrongful death.
State Definition of Asbestos
The state defines asbestos as “the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite.” Additionally, the state defines the term “asbestos-containing materials” or “ACM” as “any material or product which contains more than one percent (1%) asbestos.”
State Asbestos Regulatory Agencies
In addition to federal agency regulations, Mississippi also regulates asbestos on the state level. The Mississippi Department of Environmental Quality is responsible for accrediting and certifying asbestos contractors who are lawfully able to perform asbestos abatement activities in the state.
The department regulates demolition and renovation operations to prevent the release of airborne asbestos fibers. The department also collects information on demolitions and renovations. It checks that these projects are safe before granting approval. Additionally, contractors are required to use asbestos inspectors who are certified by the department and to properly inspect work sites. They must provide necessary notifications and follow asbestos control standards and procedures. There are some exceptions to these requirements. These procedures do not need to be followed in single family homes. Buildings with fewer than four homes usually do not need to comply with these requirements.
The department is also responsible for managing asbestos in school buildings.
Mississippi Asbestos Site Exposure List
Some of the following sites may have exposed workers and others to asbestos:
- Ingalls Shipyard – Pascagoula
- Trinity Marine Group – Gulfport
- Grand Gulf Nuclear Power Plant – Port Gibson
- Jack Watson Powerhouse – Gulfport
- Mississippi Power & Light – Cedar, Greenwood, Jackson
- Mississippi Power Co. – Gulfport
- Gulf Power Plant – Escatawpa
- Mason Electric Co. – Laurel
- General Electric – Pascagoula
- Mississippi Chemical Co. – Yazoo City
- First Chemical Corp. – Pascagoula
- Spencer Chemical Co. – Vicksburg
- DuPont Chemical – Delisle
- Hooker Chemical Plant – Columbus
- Vicksburg Chemical Co. – Memphis
- Redwood – Vicksburg
- Georgia Pacific Pulp & Paper – Monticello, Gloster, Taylorsville
- Regis Paper Co. – Ferguson
- International Paper Company – Batesville, Hitches
- S. Gypsum – Greenville
- Wicht Insulation Company – Hattiesburg
- Mid-South Insulation Co. – Greenwood, Jackson
- Armstrong Cork Co. – Jackson
- Kimberly Clark – Corinth
Mississippi Asbestos Trusts
Many companies that manufactured asbestos or exposed workers to the dangerous substance established asbestos trusts. This was usually after the company filed for bankruptcy when facing hundreds or thousands of lawsuits from individuals who developed mesothelioma or other asbestos-related medical conditions stemming from asbestos exposure. These trusts often contained millions of dollars and were used to handle claims by current and future claimants. If an asbestos trust is available, a claimant can make a claim with the trust and not have to go through the entire process of filing a lawsuit.
There are no asbestos trusts that were formed by companies headquartered in Mississippi or that are administered in Mississippi. However, many of the companies that established these trusts operated in multiple states, so it is possible that a Mississippi resident who developed mesothelioma or another asbestos-related condition may have a viable claim against an asbestos trust. A Mississippi mesothelioma lawyer can explain whether there may be an asbestos trust available for your particular claim.
Mississippi Mesothelioma and Asbestos Lawsuits
Mississippi has seen its share of asbestos cases. Reports show in 2002, approximately 20 percent of asbestos cases were filed in the state, but this has changed in recent years. There have been several cases published in the news media that include:
Mississippi has seen its share of asbestos cases. In 2002, approximately 20 percent of asbestos cases were filed in the state, but this has changed in recent years. Mississippi was home to the largest asbestos jury award in the country when a jury awarded $322 million to a man from Brookhaven. The man was a roughneck who mixed mud manufactured by Union Carbide Corp. and sold by Chevron Phillips Chemicals on oil drilling rigs in the late 1970s and 1980s. He was diagnosed with asbestosis at 30. However, the verdict was overturned and a new trial was ordered in 2012. That jury found in favor of the defendant.
A federal jury awarded more than $1 million in damages to a former Ingalls Shipbuilding worker. A $865,000 award was also made against the same company in another case. However, these damages were later reduced.
In 2016, a Jefferson County jury returned a verdict of $1.036 million, which included $800,000 in non-economic damages in a case against Union Carbide in an asbestos drilling mud case. In 2014, a jury returned a verdict finding $2.5 million in damages in another asbestos drilling mud case.
Most asbestos litigation does not make it to the trial level. Cases may be settled out of court for undisclosed amounts.
Mississippi Mesothelioma Lawyers
Some Mississippi lawyers who have provided representation to mesothelioma victims and others inflicted with asbestos-related conditions that may serve as co-counsel include:
A law firm that is located in Pascagoula. It is nationally recognized for its high ethical standards and legal representation. It serves clients throughout the state. Its attorneys are familiar with the various locations and worksites throughout the state where individuals could have been exposed to dangerous asbestos and they have specialized in Mississippi mesothelioma law. Its attorneys provide information about treatment options to local residents.
A Ridgeland law firm concentrates on making its claims trial-ready and are committed to providing individual attention even when representing clients who are similarly situated in asbestos litigation. The firm has worked with nationally-renowned experts. It has received national recognition for its efforts and client advocacy. It has secured over a hundred million on behalf of asbestos personal injury victims.
A law firm located in Jackson, this firm’s attorneys concentrate their efforts, energy and time on a limited number of practice areas, including mesothelioma cases. Collectively, they have recovered over a hundred million on behalf of mesothelioma victims through verdicts or settlements. The firm’s attorneys being native to Mississippi, are familiar with the types of work environments that could expose workers to asbestos.
A firm located in Brandon, that concentrates its efforts on personal injury cases, including mesothelioma, asbestos, defective product and wrongful death cases. It has helped many clients recover for the injuries they have suffered since its inception in 1991. They are equipped with the resources to tackle complex cases. The firm can also help with Social Security Disability stemming from asbestos exposure.
A law firm that handles mesothelioma cases in Hattiesburg, Mississippi. It has a network of experts and medical professional with whom it has formed connections. It has spent over three decades researching and pursuing claims against asbestos companies. It has a large staff that helps gather evidence and research companies and job sites that may have caused exposure to asbestos to help substantiate clients’ claims.
