Kentucky Mesothelioma Lawyer

Mesothelioma Attorney in Kentucky

When a Kentucky resident or their loved one receives a mesothelioma diagnosis, a Kentucky mesothelioma lawyer can determine the asbestos exposure source and seek accountability from the culpable companies. Asbestos exposure has been widespread in the manufacturing, transportation, and energy production industries throughout Kentucky, with few warnings given.

With so many years between exposure and diagnosis, families often have a very short time to identify where the exposure occurred and who is liable. Retaining a mesothelioma lawyer allows that investigation to begin promptly and helps families understand their legal options based on the facts of the case.

Hire a Mesothelioma Lawyer

Wallace & Graham, P.A., focuses its practice on mesothelioma and asbestos litigation throughout the United States. Our lawyers have nearly 40 years of collective experience investigating long-term asbestos exposure, identifying asbestos-containing products, and building cases involving sophisticated industrial processes.

We advocate for the victims who have suffered catastrophic injury and wrongful death from exposure to toxins. Every case is handled with attention to the medical records, history of exposure, and the laws that apply to asbestos litigation in the applicable jurisdiction.

Understanding Mesothelioma and Its Long Latency Period

Mesothelioma is an aggressive and relatively uncommon cancer caused mainly by asbestos exposure. Asbestos fibers can become trapped in the tissue lining your lungs, abdomen, or heart when they are breathed in or swallowed.

Since symptoms are typically attributed to less serious issues early on, diagnosis often comes years after contact with asbestos. This makes treating the disease and determining where exposure occurred difficult.

The Role of Medical Documentation in Proving Kentucky Mesothelioma Claims

Medical records are the basis of any mesothelioma claim filed in Kentucky. Since mesothelioma is a rare and aggressive cancer, plaintiffs will need to show diagnostic evidence of the disease to prove both diagnosis and causation. Kentucky courts want to see full medical records, not just a list of symptoms. Diagnosis documentation may include: 

• A pathology report confirming mesothelioma
• CT scans or chest X-rays
• Physician notes, treatment plans, and oncology reports

Some patients will present medical evidence with employment records or an exposure history to help illustrate how asbestos exposure caused mesothelioma. Complete records can help rule out other possible conditions affecting the lungs or abdomen.

Asbestos Exposure Across Kentucky’s Industrial and Transportation Sectors

Kentucky asbestos exposure is linked to various trades across numerous industries that used heat-resistant and/or insulating asbestos fibers during much of the 20th century. Instead of being isolated to one industry, asbestos exposure happened in many overlapping industries, such as:

• Production Facilities: Manufacturing and processing equipment, machines, and insulation
• Railroad Industry: Rail yards, maintenance and repair shops, train brakes, and engines
• Boiler and Power Plants: Boilers, turbines, and insulation around pipes
• Chemicals and Plastics: Used to control heat and prevent corrosion

Workers were exposed during maintenance, repair, and equipment upgrades, as opposed to day-to-day operations. Many of these exposures were cumulative over long periods of time, which made workers more susceptible to long-term health effects not seen for years or even decades.

How Kentucky Law Addresses Asbestos-Related Personal Injury Claims

Mesothelioma claims in Kentucky are usually subject to the state’s general personal injury statute, and not asbestos-specific laws. Kentucky Revised Statutes § 413.140 provides that most personal injury actions must be commenced within one year after the injury is, or reasonably should have been, discovered, which often centers on the date of a mesothelioma diagnosis.

According to national cancer statistics, there were 2,669 new cases of mesothelioma diagnosed in the United States in 2022. The prognosis for mesothelioma patients is poor, with a median survival time of 12 to 18 months after diagnosis. For this reason, the precise timing of diagnosis and medical causation is often a primary focus of the court.

Environmental and Community-Based Asbestos Exposure in Kentucky

It’s important to note that not all asbestos exposure happened in the workplace in Kentucky. Some of it was environmental, happening to people because they lived near industrial operations, construction sites, or deteriorating asbestos-containing materials in their neighborhoods. Environmental exposure claims can be very fact-specific and often require proof of regular and prolonged exposure to airborne fibers. Typical scenarios include: 

• Living near industrial or manufacturing facilities that use asbestos
• Exposure from the renovation or demolition of older buildings
• Contact with asbestos-containing materials in schools or public buildings

These cases are different from occupational claims because they are based on location, duration, and environmental conditions, not job responsibilities. Proving exposure often involves geographic evidence and historical records.

Evaluating Product Identification in Kentucky Mesothelioma Cases

Product identification is a key issue in Kentucky mesothelioma claims, especially when the worksite is no longer in operation. The claim may not only have to prove exposure to asbestos in general, but also that the disease was contracted from a particular asbestos-containing product used in the workplace.

This can include insulation, gaskets, packing materials, or other parts of equipment brought to the workplace by manufacturers from out of state. Identifying the product can help narrow which companies could be held legally responsible for the illness and help the claim move forward if the employer no longer exists or cannot be located.

How Corporate Mergers and Acquisitions Affect Kentucky Asbestos Liability

Throughout the years, many asbestos defendants in Kentucky have undergone name changes or company acquisitions and corporate restructuring. If a manufacturer or supplier is acquired by another corporation, the liability may remain with that new corporation, depending on the terms of the sale.

A court will look at whether assets, product lines, or liabilities were specifically assumed by the acquiring company. The corporate trail must be followed through previous transaction records, corporate filings, and product distribution to determine where responsibility lies. This information can be used to track down the party responsible if the original company is no longer in business at the time of a mesothelioma diagnosis.

FAQs

Q: Why Is Pleural Mesothelioma the Most Common Diagnosis?

A: Pleural mesothelioma is one of the most common diagnoses, occurring in the lining around the lungs. This form of mesothelioma has been directly linked to inhalation of respirable asbestos fibers and is thought to account for about 80% of all mesothelioma cases based on epidemiological studies.

Since inhalation is the easiest way to take in asbestos fibers in the workplace, pleural disease is most associated with occupational exposure.

Q: Why Do Mesothelioma Cases in Kentucky Often Involve Out-of-State Defendants?

A: Kentucky workplaces used numerous asbestos-containing products that came from manufacturing facilities located outside of state lines. Therefore, many mesothelioma claims involve out-of-state defendants whose products reached Kentucky through interstate commerce.

Although these cases may raise jurisdictional and procedural issues, they are often filed in Kentucky when the exposure took place in the state. Distribution records and historical sales data are often important in proving liability across state lines.

Q: Can a Kentucky Mesothelioma Claim Be Filed if the Exposed Person Never Worked Directly With Asbestos?

A: Direct exposure to asbestos may not be necessary to file a mesothelioma claim in Kentucky. If you worked near asbestos insulation, machinery parts, or construction materials that were manipulated by others, you may be able to file a claim based on exposure from proximity. If you can show evidence that you regularly were in the presence of airborne asbestos fibers, and there is a link to your illness, a claim may be possible.

Q: Does Kentucky Law Require a Mesothelioma Diagnosis to Be Confirmed by a Specialist?

A: Kentucky law does not require that a diagnosis be issued by a particular kind of physician. In most mesothelioma cases, pathology reports, imaging studies, and medical records that unambiguously identify the disease provide the basis for a claim. Claims are also often based on diagnoses supported by oncologists, pulmonologists, or pathologists.

Q: Can a Kentucky Mesothelioma Claim Continue if the Plaintiff Becomes Unable to Participate?

A: Yes, when a mesothelioma victim becomes too sick to be involved in their claim, evidence and testimony may be preserved, which could include preserved testimony, medical records, and other information.

Courts may allow a person to record their testimony earlier in the process to preserve a person’s explanation and description of their exposure. If a person dies, certain claims may continue through a person’s estate, and eligible family members may pursue a separate wrongful death action under Kentucky law.

Contact a Kentucky Mesothelioma Lawyer

Mesothelioma claims in Kentucky can include exposure histories spanning decades, hundreds of pages of medical records, diseases, and defunct companies that used asbestos years ago. Many cases involve tracking the evidence of working conditions and products that contained asbestos, and corporate liability, long after facilities are closed and evidence is minimal.

At Wallace & Graham, P.A., we thoroughly prepare each case by working to obtain medical records, historical evidence, and an understanding of Kentucky law. If you or a loved one has been diagnosed with mesothelioma, it is important to understand your legal options so that you can make informed decisions. Call to schedule a consultation and hire a mesothelioma lawyer today.