LAWS ON ASBESTOS
Mesothelioma patient wants Indiana asbestos exposure laws amended

Mesothelioma victims seek expanded rights to sue under Indiana’s laws on asbestos exposure. Indiana is the only state in the nation that does not provide exceptions for illnesses with long latency periods.

New York personal injury law firm Weitz & Luxenberg has protected the legal rights of asbestos-injured workers since 1986. And in that time the firm's mesothelioma lawyers have won several billion dollars in verdicts and settlements for clients injured by job-related asbestos exposure.

Indiana’s laws on asbestos

October 6, 2009 - An Indiana woman diagnosed with mesothelioma spoke in front of a legislative committee October 1, 2009, emphasizing the importance of amending Indiana’s laws on asbestos exposure to allow additional time for workers to file a lawsuit against those that caused their exposure.

Dorothy Kuykendall, 76, and other supporters are working to change Indiana’s laws on asbestos. They say an Indiana Supreme Court interpretation of state law gives people only 10 years after exposure to start legal action. But lung cancer, asbestosis and mesothelioma can take decades to develop after the initial exposure.

By the time victims learn of their asbestos-related disease, the current state laws on asbestos leave them with no legal options to obtain compensation for medical bills and lost wages.

Amendment to laws on asbestos

Supporters seek an amendment to allow those diagnosed with an asbestos-related disease to have two years from the time of diagnosis to file a mesothelioma lawsuit.

Indiana is the only state in the nation that does not provide exceptions for illnesses with long latency periods. Mesothelioma symptoms have been known to take up to 60 years after exposure before asbestos disease is diagnosed. Approximately 55 to 70 people in Indiana die from mesothelioma every year, according to the U.S. Centers for Disease Control.

“My husband is 13 years older than I am, and I was sure I would be able to take care of him until he died, but that’s not going to happen,” Kuykendall said to the panel.

Another woman, Sharon Wilson, whose husband passed away from mesothelioma in April 2008, said: “I am angry with my state, that the state sees no value in my husband’s life and death or the economic hardships our family now suffers.” Wilson’s husband Jim was exposed to asbestos during summer construction jobs and the family is currently unable to file a lawsuit against those responsible for Jim Wilson’s exposure.

Time to seek justice

No one testified against the proposal and according to Democratic Rep. Linda Lawson of Hammond, Ind., the proposal amending the law will resurface in the legislative session beginning in January, 2010.

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We will pursue your claim with vigilance to help you pay for medical bills, lost wages, and suffering. Because the firm works on a contingency basis, there is no cost to you until we obtain a settlement or a verdict in your favor.