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How and where were you exposed to asbestos in South Dakota

South Dakota has a large number of hydroelectric plants, automotive repair facilities, and buildings that were constructed using asbestos materials. Additionally, the western boundaries of the state house natural deposits of asbestos. South Dakota has many occurring deposits of erionite, a toxic mineral with properties similar to that of asbestos. Several industries where high levels of asbestos exposure might have occurred operate in the state.

  • Aberdeen Light and Power Company
  • Aberdeen Mill Company
  • Northwestern Public Service Company
  • Risager Plumbing & Heating Company
  • Brookings Municipal Light & Power
  • Pierre Landfill
  • A. H. Bennett Company
  • Amdak Corporation
  • Black Hills Generation
  • Black Hills Power and Light Company
  • Consolidation Coal Company
  • Ellsworth Air Force Base
  • Fraser and Chahners
  • General Public Utilities
  • Halde and Fleer, Inc.
  • Healy Plumbing & Heating Company
  • Rapid City Air Force Base
  • Rapid City Lime Company
  • Red Ball Whse
  • So Oak Cement Plant
  • South Dakota Cement Plant
  • State School of Mines
  • V.C. Pengra Construction Company
  • Angus Anson Power Plant
  • Eureka Milling Company
  • John Morrell and Company
  • Mac Arthur Company
  • Northern States Power Company
  • Northwest Bell Telephone Company
  • Northwest Security Trust Company
  • Pathfinder Atomic Plt
  • Pathfinder Power Plant
  • Sierra Valley Company Op Assn
  • Sioux Falls Light and Power Company
  • Sioux Falls Powerhouse
  • Sioux Valley Coop Assoc
  • Xcel Energy
  • Kanal Pine
  • Yankton Industrial Alcohol Corp

Mesothelioma & lung cancer
statute of limitations in South Dakota

The particular period in which a person affected by an asbestos-related disease should file an asbestos claim is known as the statute of limitations. In South Dakota, the statute of limitations for filing an asbestos claim is three years from the date of the diagnosis of the asbestos-related illness.

If an individual suffering from an asbestos-related disease passes away, a wrongful death asbestos claim may be filed by the heirs within three years from the date of death. The deadlines for filing asbestos claims are strictly followed in South Dakota.

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Do you qualify for asbestos compensation?

If you were injured by occupational asbestos exposure and struggle with one of the diseases below, you are immediately eligible for compensation. Since these are very serious diseases that are directly linked to asbestos exposure, all you have to do is give our law firm a call and send our legal experts the necessary documents for filing a claim.

Lung Cancer Mesothelioma Throat Cancer Esophageal Cancer Bronchial Cancer Gastrointestinal Cancer Colorectal Cancer

On the other hand, if you suffer from one of the following diseases and suspect it was the result of asbestos exposure, you will be required to undergo free, additional medical tests with our medical team in Birmingham, Alabama in person. Because the connection between these health problems and asbestos exposure is not completely clear, we will need to find out whether asbestos exposure is the real cause of your diagnosis.

AsbestosisPulmonary FibrosisPleural PlaquesPleural EffusionDiffuse Pleural ThickeningCOPDEmphysemaChronic BronchitisPleurisyLung NodulesLung SpotsAsthmaTuberculosisPneumonitisHistoplasmosisRounded AtelectasisLung Scarring Bladder Cancer

Filing an asbestos claim in South Dakota

Current and former residents of South Dakota diagnosed with an asbestos-related disease, and their family members should contact us as soon as possible. The statutes of limitations are only three years from the date of the diagnosis (for personal injury asbestos claims) and the time of death (for wrongful death asbestos claims). In 90% of the cases, we file asbestos trust fund claims rather than going through a lawsuit. Our experienced attorneys will help you with the steps involved in the asbestos claim process.

Bankruptcy trust claims

Asbestos trust funds were set up years ago to pay people that are sick and have been injured by asbestos. However, as asbestos trust funds do not have enough money to pay all asbestos claims fully, they offer a set percentage of the legal demand. But, the funds are typically dispersed faster than in lawsuits. Asbestos trust fund claims are usually handled out of court.

Preparing the claim

The quicker we can get the information from you and get it filed with the asbestos trust funds, the quicker the payment will come. In the beginning, we are on a fact-finding mission, but it's not as intensive as a typical lawsuit would be. It's more of an administrative process.

Gathering the information

Initially what is required from the asbestos trust fund is to prove exposure to that particular's asbestos trust fund product or products and you also have to show that you've been diagnosed with an asbestos-related disease. First, we will qualify the medical reports. Then, we have to prove how you were exposed: primarily through occupation or secondarily through a family member that you lived with and who worked directly with or around asbestos-containing products. For occupational exposure, you have to tell us where you have worked and inform us about any products that were in your working environment.

Filing your claim

We make the process simple, and we don't put anything other than the actual necessity on you to provide certain documentation to prosecute your asbestos claim, such as medical records from your treating hospital or physician, employment records, social security records from the Supplemental Security Income (SSI) and, if applicable, military records. As soon as we get the necessary information, we can start filing that with the asbestos trust funds and expect payment within a couple of months to one year. We will also report to Medicare to obtain a clearance to release funds to you.

Claim evaluation

Asbestos trust funds usually qualify the asbestos claim and pay it under two processes. "Expedited Review" is based on a minimum set of probable medical and asbestos exposure criteria and applications receive a scheduled amount that is not negotiated. "Individual Review" allows for asbestos claim amounts up to a published maximum. Factors that determine the actual amount can include but are not limited to, age at diagnosis, jurisdiction, and the settlement history of your counsel.

Claim payment

Trustees make a determination and decide whether they will or won't pay the asbestos claim. Usually, payment comes within a couple of months to one year, and we can set up a stream of revenue for our clients. You will receive your compensation in one installment.

At Environmental Litigation Group, P.C., we strive to get you the best asbestos claim results possible. To pay out asbestos claims, asbestos trust funds managers rely on something called case valuation matrix. The case valuation matrix is a document approximating historical settlement values and assigning different values for compensable cancer types. The base dollar amounts vary by state or region because location sets occupational asbestos exposure levels. The table below provides the average settlement values, by disease level, at asbestos trust funds with seven disease levels, as presented in Rand Corporation's report on Asbestos Bankruptcy Trusts.

Average amounts paid by asbestos trust funds

Lung Cancer
Other Cancer
Non Malignant Diseases

Disclaimer:  Compensation for your asbestos case will be calculated starting from the base calculation matrix, increasing or decreasing the level of compensation according to the specifics of your case. Factors that can affect the value of your case include, but are not limited to, your location, age, work history, pain and suffering, the asbestos products involved in occupational exposure, and expenses related to your illness. Individual cases vary based on such factors, and previous results don't ensure an equal outcome. The factors specific to your case make it difficult to predict its value before you file an asbestos claim. So, determining how much your case is worth can be a complicated process. If you have any questions about settlements and your legal rights, please contact us immediately for a free consultation.

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Why residents in South Dakota choose us?

We are a team of highly experienced lawyers with the necessary skills and knowledge to handle asbestos litigation across the state of South Dakota. We know thoroughly the asbestos laws governing South Dakota, and as we investigate to find out the potential causes of your asbestos exposure in the workplace, we can provide you the best legal advice. We have gained a reputation for our high level of service and success in handling asbestos cases. By these factors, people in South Dakota choose us to represent them. Also, as we collaborate with a multidisciplinary group of specialists, we can recommend the best available treatment options in your area.

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