Mesothelioma is a rare and aggressive cancer most commonly linked to asbestos exposure. For decades, industries across the United States used asbestos in manufacturing and construction, often without public awareness of the health risks. If you lived near an asbestos plant in the 1970s—a period of peak asbestos use—you’re likely wondering whether you have legal grounds to file a mesothelioma claim today. This article explores the eligibility, legal process, and challenges of such claims and offers guidance for victims seeking compensation.
Understanding Asbestos Exposure and Mesothelioma
What Is Asbestos?
Asbestos is a group of naturally occurring fibrous minerals that are heat-resistant, durable, and chemically inert. Because of these properties, it was widely used in:
- Construction materials (e.g., insulation, roofing, siding)
- Industrial machinery
- Military equipment
- Automotive parts
However, once inhaled or ingested, asbestos fibers can lodge in the body and lead to serious diseases like asbestosis, lung cancer, and mesothelioma—often decades later.
Mesothelioma Latency Period
Mesothelioma has a long latency period, typically 20 to 50 years after exposure. That means someone exposed to asbestos in the 1970s may only begin experiencing symptoms today.
According to the American Cancer Society, around 3,000 new mesothelioma cases are diagnosed annually in the U.S., and many are traced back to exposure from several decades ago [1].
Residential Exposure: What Happens If You Lived Near an Asbestos Plant?
Most mesothelioma cases stem from occupational exposure—workers who handled asbestos on the job. However, residential exposure is increasingly recognized as a significant risk.
Environmental Contamination from Asbestos Plants
Asbestos plants released fibers into the surrounding environment through:
- Exhaust from machinery
- Improper disposal of asbestos waste
- Airborne dust from raw asbestos handling
People living nearby were often unknowingly exposed as fibers settled on homes, in soil, or on clothing. Children playing outside or families doing laundry could easily be at risk.
Studies on Residential Risk
Numerous epidemiological studies have shown increased mesothelioma rates among people living near asbestos facilities. For instance:
- A study published in Environmental Health Perspectives found a significantly elevated risk of mesothelioma among residents living within 10 km of an asbestos-cement plant [2].
- Research in The Lancet also documented mesothelioma cases among individuals with no occupational exposure but who lived near asbestos production sites [3].
Can You File a Mesothelioma Claim for Non-Occupational Exposure?
Yes, under certain circumstances, you can file a mesothelioma claim even if you never worked at an asbestos plant. The key lies in proving exposure and establishing liability.
Types of Mesothelioma Claims
- Personal Injury Lawsuit: If you’re currently diagnosed with mesothelioma.
- Wrongful Death Lawsuit: Filed by family members if the victim has passed away.
- Trust Fund Claim: Some asbestos companies filed for bankruptcy and were ordered to establish trust funds to pay current and future victims.
- VA Claim: If you were a veteran exposed to asbestos during military service, even as a civilian near a military-linked asbestos site.
Legal Precedent: Environmental Exposure Lawsuits
There is growing precedent in courts for recognizing environmental or neighborhood asbestos exposure:
- Borel v. Fibreboard Paper Products Corp. (1973): Though this involved occupational exposure, it established that manufacturers could be held liable for failing to warn about asbestos risks.
- Lohrmann v. Pittsburgh Corning Corp. (1986): Defined the “frequency, regularity, and proximity” test—relevant for non-occupational exposure cases.
- More recently, plaintiffs have successfully sued companies for community exposure, particularly when evidence of dust emissions and neighborhood contamination is strong.
Statute of Limitations: Is It Too Late to File?
This is a critical legal issue, especially if exposure happened in the 1970s.
The Discovery Rule
Most states apply the discovery rule, meaning the statute of limitations starts when the disease is discovered—not when the exposure occurred. For mesothelioma:
- You typically have 1–3 years from the date of diagnosis to file a claim.
- In wrongful death cases, the clock starts at the time of death.
Example: If you were diagnosed in 2024, you could still be eligible to file despite being exposed in 1975.
Exceptions and Extensions
Some states allow for extended timelines in cases of latent diseases. In rare cases, courts may apply equitable tolling if a plaintiff was unaware of their exposure or the cause of their illness.
Building Your Case: Proving Exposure Near an Asbestos Plant
Key Elements of a Successful Claim
- Proximity: How close did you live to the plant? Courts typically consider anything within a few miles.
- Duration: How long did you live there? Longer periods strengthen the case.
- Contamination Evidence: Historical records showing the plant released asbestos into the air or improperly handled waste.
- Medical Documentation: A clear diagnosis of mesothelioma by a qualified specialist.
Types of Evidence
- Property records showing your residence near the plant
- Historical maps and facility blueprints
- Air quality reports and EPA violations
- Testimony from neighbors or plant workers
- Medical expert opinions
Filing Against Asbestos Trust Funds
Many companies responsible for asbestos exposure filed for bankruptcy in the 1980s and 1990s. As a result, asbestos bankruptcy trusts were created.
How It Works
- Trusts cover claims from exposed individuals, including non-workers.
- Each trust has its own requirements and compensation scale.
- A mesothelioma attorney can help identify which trusts are applicable.
Notable Trusts
- Johns-Manville Trust
- WR Grace Trust
- Owens Corning Trust
According to the RAND Institute for Civil Justice, over $30 billion has been set aside in asbestos trust funds [4].
Role of Mesothelioma Attorneys
Hiring a specialized asbestos attorney is crucial. They can:
- Investigate your exposure history
- Identify liable companies
- Navigate complex statutes of limitations
- File trust fund or civil court claims
- Maximize your compensation
Many law firms work on a contingency basis, meaning you pay nothing unless you win.
Average Compensation for Mesothelioma Claims
While each case varies, the average compensation for a mesothelioma settlement ranges between $1 million and $1.4 million. Trial verdicts can exceed that if negligence is proven.
Trust fund payouts are generally smaller but still substantial—ranging from $50,000 to over $300,000, depending on the trust and claim severity.
Additional Considerations
If You’ve Moved Since the 1970s
Your claim remains valid if you can prove your former residence was near an asbestos plant. Property deeds, utility bills, or even yearbooks and photos can help.
Family Members Can Be Affected
Secondhand exposure—also called “take-home exposure”—can impact spouses and children. If a family member developed mesothelioma due to indirect exposure from living near an asbestos plant, they may also be eligible for compensation.
Environmental Justice and Low-Income Communities
Many asbestos plants were located in low-income or minority neighborhoods. These communities may have faced higher exposure levels and fewer legal resources. Today, some legal efforts aim to address this imbalance and bring justice to historically underserved groups.
Conclusion: You May Still Have Legal Options
If you lived near an asbestos plant in the 1970s and have since developed mesothelioma, you may be eligible to file a claim. Despite the passage of time, the law often recognizes the long latency of mesothelioma. With the help of a specialized attorney, you can gather evidence, meet filing deadlines, and pursue compensation from responsible companies or trust funds.
Legal avenues exist to provide justice and financial relief for victims of environmental asbestos exposure—especially those unknowingly harmed by living near industrial sites decades ago.
References
- American Cancer Society. “Key Statistics About Malignant Mesothelioma.” https://www.cancer.org
- Magnani, C. et al. “Cancer Risk After Exposure to Asbestos in the Italian Textile Industry.” Environmental Health Perspectives, 2000.
- Rake, C. et al. “Occupational, domestic and environmental mesothelioma risks in the British population: a case-control study.” The Lancet, 2009.
- RAND Institute for Civil Justice. “Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts.” https://www.rand.org/pubs/research_reports/RR1200.html
