Woman launches asbestos lawsuit following husband’s death

Asbestos-related claims continue to mount in West Virginia

A Pine Grove woman has become the latest West Virginian to file an asbestos-related lawsuit, according to the West Virginia Record. The woman claims her husband, who passed away from lung cancer last year, was exposed to asbestos by his employer. She has named 72 defendants in her lawsuit. The case is a typical example of asbestos-related lawsuits in West Virginia, which will likely continue to mount given the state's infrastructure and history, say experts.

Lawsuit filed

The widow claims her husband's lung cancer, which he was diagnosed with in May 2013 and passed away from in September 2013, was caused by the defendants' failure to protect him from potential asbestos exposure. The lung cancer, she claims, was a direct result of her husband's exposure to the asbestos during the course of his job.

She claims that the defendants knew or should have known that products at the workplace containing asbestos could endanger her husband's health. Furthermore, she claims the defendants failed to warn her husband of the health risk and did not provide him with information on how to limit his exposure.

West Virginia asbestos cases

Asbestos-related claims are not unusual in West Virginia. According to The Mesothelioma Center, West Virginia is one of the top jurisdictions in the country for asbestos claims. The reasons for the high number of claims have a lot to do with the types of jobs many West Virginians are employed in, such as in mines, plants or factories, where asbestos exposure is typically more common. Older infrastructure, built before asbestos was regulated, has also resulted in many West Virginians being exposed to this deadly substance.

Furthermore, courts in West Virginia have typically been friendlier to plaintiffs in asbestos lawsuits compared to courts in other states. The state imposes no cap on punitive damages, for example, and out-of-state residents are still able to file lawsuits relatively easily, a practice that has been discouraged in other states.

Asbestos exposure

As the above case shows, asbestos exposure can be lethal, especially when it leads to a diagnosis of mesothelioma, a dangerous form of lung cancer. In many cases, health symptoms can take decades to manifest themselves and the original exposure may have occurred 30 to 40 years previous to people learning they may be suffering from the effects of that exposure.

As such, asbestos cases are highly unique and require the expertise of a personal injury attorney who is well experienced in these types of cases. Such an attorney can offer clients who have been injured by, or have lost loved ones to, potential asbestos exposure the help they need when deciding what steps to take moving forward.