Montana Mesothelioma Lawyers

Asbestos is a naturally-occurring mineral that can cause a variety of illnesses and diseases, including mesothelioma, a lethal form of cancer brought on by prolonged exposure to airborne asbestos fibers. Unfortunately, because mesothelioma symptoms may not become apparent until decades after the victim is exposed to asbestos, finding the original source of asbestos may be difficult without professional assistance.

The Montana mesothelioma lawyers of Williams Kherkher believe that those who use asbestos carelessly owe compensation to those who have had their lives irreparably altered and harmed by exposure to this dangerous substance. The financial cost of coping with mesothelioma alone can be crippling. When you add to that cost the consideration of lost income and physical, mental, and emotional trauma, the true severity of the condition begins to take shape.

Perhaps you or your loved one feels that you should seek retribution, but you are unsure whether you have the strength and will to contest the issue in a court of law, or if you even have a case. The Montana mesothelioma lawyers of Williams Kherkher can evaluate your individual circumstances. If you choose to go ahead with a legal fight, we will draw on our years of experience to help you navigate the intricacies of the modern American legal system.

The Montana mesothelioma lawyers of Williams Kherkher have a commitment to each client who honors us with her choice to trust us in what may be the most difficult time she has known.

Perhaps the most famous asbestos-related incident in Montana occurred in Libby, a small town located near a vermiculite mine owned by Grace & Co. Residents of Libby were exposed to high levels of asbestos that contaminated the mine. Grace was aware of the contamination and disregarded the dangers in order to maintain their own profits. The company filed for bankruptcy protection in 2001.

Much of the asbestos-related litigation in Montana revolves around the Libby-Grace situation. In February 2005, seven current and former officials of Grace and the company itself were indicted on criminal charges arising from the Libby, Montana mine. Currently, more than 1,200 people in the Libby area have been affected by damages related to asbestos, and the numbers are expected to rise.

Originally, lawyers in a federal case against the Libby defendants were barred from introducing documents considered central to the case because of time limits on the motions. A higher court reversed the lower court's decision, allowing the case to go forward, but the fact that the question arose demonstrates possible difficulties that arise when a plaintiff with an asbestos-related disease files suit in Montana. Asbestos.com offers referrals to top attorneys nationwide. Click here for additional information or a complimentary case evaluation.
Determination of Liability

The Montana courts follow a modified comparative liability - 51 percent system. Under the comparative liability system followed by Montana courts, a plaintiff may recover damages even if he or she shares part of the fault in the injury, as long as the percentage of fault is 50 percent or less. If the plaintiff's fault is determined to be 51 percent or greater, the plaintiff recovers nothing, regardless of the amount of damages. If the plaintiff is found to be less than 51 percent at fault, the amount of the award is reduced by the percentage of fault assigned to the plaintiff. In other words, if a jury decides that damages in the case amount to $100,000, but the plaintiff is 25 percent at fault for the injury, the plaintiff will collect $75,000.

In cases involving multiple defendants, Montana uses a modified joint and several liability system to determine the share of the award that is to be paid by each defendant. Under the Montana system, any defendant determined to carry 50 percent or more of the fault for the injury is subject to joint and several liability. Under joint and several liability, the defendant is liable for the entire amount of the judgment if other defendants are unable to pay their share of the award. If the defendant is found to be less than 50 percent at fault, only several liability applies. Under several liability, a defendant is only liable for the amount of the award that corresponds to the percentage of their fault. In other words, if the defendant is 45 percent responsible for the damages, they will only be liable for 45 percent of the award.