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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.

How and Where Were You Exposed to Asbestos in South Dakota?

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

Asbestos Exposure Areas in
Aberdeen

18 Asbestos Related Deaths (1999-2013)

• Aberdeen Light and Power Company
• Aberdeen Mill Company
• Northwestern Public Service Company
• Risager Plumbing & Heating Company

Brookings

Asbestos Exposure Areas in
Brookings

15 Asbestos Related Deaths (1999-2013)

• Brookings Municipal Light & Power

Pierre

Asbestos Exposure Areas in
Pierre

1-2 Asbestos Related deaths (1979-2001)

• Pierre Landfill

Rapid City

Asbestos Exposure Areas in
Rapid City

93 Asbestos Related Deaths (1999-2013)

• 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

Sioux Falls

Asbestos Exposure Areas in
Sioux Falls

124 Asbestos Related Deaths (1999-2013)

• 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

Yankton

Asbestos Exposure Areas in
Yankton

11 Asbestos Related Deaths (1999-2013)

• Kanal Pine
• Yankton Industrial Alcohol Corp

Pierre

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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Eligible Conditions for Asbestos Compensation

Workers, veterans, or family members that experienced past asbestos exposure may first notice some minor symptoms, like shortness of breath. They may attribute such symptoms to other causes, like aging. But, the result of medical checks and investigations can show past asbestos exposure in the workplace has led to a current asbestos-associated disease. If you find yourself in this scenario, the help of counsel experienced in representing asbestos cases is essential. Our lawyers will assist you in navigating the legal system and fighting for compensation for your medical bills and lost wages. These are the asbestos diseases approved for asbestos claims:

Lung cancer Mesothelioma Asbestosis Gallbladder Cancer Kidney Cancer Laryngeal/Esophageal Cancer Gastrointestinal Cancer Colon/Colorectal Cancer Ovarian Cancer Pulmonary Fibrosis

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 funds 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 at 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. 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.

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 schedule 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, and we can set up a stream of revenue for our clients. You will benefit from a variable continual cash flow which adds up to a lot over time.

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. Case valuation matrix is a document approximating historical settlements 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

Mesothelioma (Level VIII)
$215,000
Lung Cancer 1 (Level VII)
$40,000
Lung Cancer 2 (Level VI)
$20,000
Other Cancer (Level V)
$22,000
Severe Asbestosis (Level IV)
$42,000
Asbestosis/Pleural Disease (Level III)
$19,000
Asbestosis/Pleural Disease (Level II)
$8,000

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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