New Mexico Mesothelioma & Asbestos Lawyer
New Mexico is home to a thriving energy industry and thousands of miles of railroads. These industries have historically used asbestos, and their workers still face exposure today. If you have developed an asbestos-related illness, a New Mexico mesothelioma lawyer at the Lanier Law Firm may be able to help you recover substantial compensation.
Legally Reviewed By: Sam E. Taylor
Managing Attorney | Mesothelioma & Asbestos in Houston
- Page Last Updated:
- December 16, 2024
Legally Reviewed By: Sam E. Taylor
Managing Attorney | Mesothelioma & Asbestos in Houston
- Page Last Updated:
- December 16, 2024
Why Is the Lanier Law Firm the Best Choice for Your New Mexico Mesothelioma Claim?
Our New Mexico Mesothelioma Attorneys Can Help You Recover Substantial Compensation
New Mexico Workers with the Highest Risk of Asbestos Exposure
Non-Occupational Asbestos Exposure
What Should I Do If I Have Been Exposed to Asbestos?
When Should I Contact a Mesothelioma Lawyer in New Mexico?
Contact an Experienced Mesothelioma Lawyer in New Mexico Today
Mesothelioma, a devastating illness with a short life expectancy, is caused by asbestos exposure. It generally develops 20 to 40 years after the first exposure but may emerge 60 or more years later. Asbestos exposure also causes lung cancer and asbestosis, which also develop decades later. According to the CDC, approximately 60 people in New Mexico die from asbestos-related diseases yearly.
Asbestos exposure typically does not result in immediate symptoms or warning signs, which means you can be exposed without knowing or feeling anything is wrong.
The lack of immediate signs, combined with the latency of mesothelioma and other asbestos-related illnesses, allowed the asbestos industry to conceal its knowledge about the material’s dangers for nearly half a century. As a result, millions of workers have contracted these deadly diseases, and many workers are still exposed today.
If you have been diagnosed with mesothelioma, you may be entitled to recover substantial compensation. A compassionate New Mexico mesothelioma attorney at the Lanier Law Firm can help.
Why Is the Lanier Law Firm the Best Choice for Your New Mexico Mesothelioma Claim?
The Lanier Law Firm is one of the most experienced law firms in the world, with more than 250 years of combined experience helping people diagnosed with mesothelioma get justice against the companies that wrongfully exposed them to asbestos.
Our award-winning New Mexico mesothelioma lawyers are nationally recognized, having earned such prestigious honors as the following:
- Super Lawyers
- Lawdragon’s 500 Leading Consumer Lawyers
- A Martindale-Hubbell Preeminent rating
- America’s Top 100 Attorneys
- Legal 500 Hall of Fame
Our Successful Case Results
We have recovered more than $20 billion in compensation for our clients, including the following mesothelioma settlements and verdicts:
- $115 million verdict for 21 steel workers diagnosed with mesothelioma
- $4.69 billion verdict for 22 women who contracted ovarian cancer from asbestos in Johnson & Johnson’s baby powder
- Over $4 million in settlements from multiple defendants for the family of a doctor who died from mesothelioma caused by asbestos exposure in a shipyard where he worked before attending medical school
- $2.1 million settlements with multiple defendants for the family of an oilfield worker
- $1.6 million settlement for the family of a woman who died of mesothelioma from asbestos exposure during her employment at a manufacturing plant
Unsolicited Client Testimonials
The Lanier Law Firm is totally awesome. When I have had bad days they have lifted me up. They truly care. You do not find that at very many places. I feel so blessed having them and all they have done for my family. They are family. They are the best of the best.
– Carla Hunter
I would like to thank The Lanier Law Firm for everything they have done for my family. Since my father’s first emails to them, to after his passing and the resolution of our issue, they were right there with us, caring, attentive, and super professional. I would not hesitate to recommend them!
– B. Cirelli
I can’t recommend a greater firm than The Lanier Law Firm! All members are fantastic and will work tirelessly to get the result you want. Sam Taylor is very knowledgeable and does excellent work in his field, so you’ll know you’re getting the best with him.
– Owen Meaney
Our Featured Lawyers
Mark Lanier
Mark LanierMark Lanier is a distinguished mesothelioma lawyer who has earned worldwide acclaim for his historical courtroom verdicts. He founded the Lanier Law Firm in 1990 with a mission to help individuals needing serious, sound legal representation.
Mark Lanier is well-known for his persuasiveness in the courtroom and his success in taking on some of the largest corporations in the world for the benefit of individuals harmed through no fault of their own.
His historic courtroom verdicts provide a powerful motivation for mesothelioma companies to settle rather than risk going against him in a trial. This is why Law360 has named the Lanier Law Firm one of the nation’s most feared law firms.
Mark Lanier is a featured lecturer at the nation’s top law schools, including Harvard, Stanford, and the University of Chicago Law School. He regularly appears on major news networks to provide guest legal commentary, and the New York Times has recognized him as one of the top civil trial lawyers in the nation.
Sam E. Taylor
Sam E. TaylorSam Taylor has been board-certified in civil trial law by the National Board of Trial Advocacy for over 18 years. He has more than 30 years of experience, which includes more than 50 civil jury trials in state and federal courts, including 40 in which he served as lead counsel.
He has been nationally recognized as a Lawdragon 500 Leading Plaintiff Consumer Lawyer and has earned the Martindale Hubbel AV Preeminent rating for displaying the highest level of professional excellence in legal ability and ethics for 19 consecutive years.
Our New Mexico Mesothelioma Attorneys Can Help You Recover Substantial Compensation
If you have developed an asbestos-related illness in New Mexico, you may be entitled to recover compensation from a lawsuit, trust fund claim, or other sources. Our New Mexico mesothelioma lawyers can help you identify all the types of compensation for which you may qualify.
Mesothelioma Lawsuits in New Mexico
There are two types of mesothelioma lawsuits in New Mexico:
- Personal injury lawsuits
- Wrongful death lawsuits
The asbestos companies in New Mexico can be held liable for asbestos-related diseases based on negligence and strict liability.
According to New Mexico laws, negligence occurs when a company breaches a duty to exercise reasonable care, and the breach of duty causes harm.
Strict liability is applicable when a manufacturer, distributor, retailer, agent, or importer markets and sells a product that causes harm when used as directed, whether or not negligence occurred. The harm must stem from at least one of the following:
- Harmful product design
- A manufacturing defect
- A failure to warn or instruct
A mesothelioma lawsuit is a means to pursue economic, non-economic, and punitive damages. Economic damages are compensation for monetary losses. Non-economic damages are compensation for pain and suffering.
Punitive damages are awarded to punish a defendant whose conduct was outrageous or fraudulent. In most cases, our attorneys can prove that the conduct of the asbestos companies met this standard. Punitive damages may be sought in personal injury and wrongful death lawsuits.
Mesothelioma lawsuits may be filed against some employers and against companies that manufactured or supplied the asbestos to which you were exposed.
Personal Injury Lawsuits
A mesothelioma personal injury lawsuit is filed by or on behalf of a living victim of asbestos exposure who has developed an asbestos-related illness.
Economic damages available in a personal injury lawsuit include the following:
- Lost wages
- Projected future lost wages
- Medical expenses
- Projected future medical expenses
- Lost business opportunities
- Housekeeping and personal care services
While many states limit the non-economic damages you can recover, New Mexico does not impose such limits. Non-economic damages in New Mexico include the following:
- Pain and suffering
- Loss of society
- Loss of bodily functions
- Loss of consortium
- Mental anguish
When you file a mesothelioma lawsuit, you can count on our New Mexico mesothelioma attorneys to fight for maximized mesothelioma compensation. With our reputation, many of these companies are eager to settle with us, and this often helps us win significant settlements without the need for your case to go to trial.
Wrongful Death Lawsuits
In a New Mexico wrongful death lawsuit, a personal representative files a lawsuit on behalf of the family of someone who has passed away. Damages in a wrongful death lawsuit are intended to compensate the family for losses related to the death, but in New Mexico, the intent extends even further.
The New Mexico courts specified in Stang v. Hertz Corporation that the purpose of wrongful death lawsuits is more than compensation, but also to “promote safety of life and limb by making negligence that causes death costly to the wrongdoer.”
The following economic and non-economic damages may be recoverable in a New Mexico wrongful death lawsuit:
- Your loved one’s medical expenses
- Funeral and burial expenses
- Your loved one’s pain and suffering
- Grief and suffering of the family
- Loss of comfort, guidance, support, advice, and counsel
- Loss of companionship
- Income loss caused by your loved one’s passing
Our caring New Mexico mesothelioma lawyers have seen firsthand how heartbreaking a mesothelioma death can be for a family. We are passionate about getting justice for your lost loved one and will go to whatever lengths are necessary to do so.
Asbestos Trust Fund Claims
The asbestos trust funds were established by companies liable for asbestos exposure that filed for bankruptcy, generally because they were unable to meet their obligations in the large number of lawsuits filed against them.
As a result, these companies cannot be sued. Instead, you can file a trust fund claim against the fund for the respective company. One New Mexico-based company that has filed for bankruptcy and established an asbestos trust fund is Owens Corning Fiberglass.
Even if the responsible company was based outside the state, you may still have been exposed to asbestos in New Mexico.
Our asbestos trust fund attorneys are often able to identify multiple trust fund claims for which our clients qualify. Recoverable compensation from trust funds includes economic and non-economic damages.
Workers’ Compensation Claims
Workers’ compensation is no-fault insurance that pays certain economic damages without the need to prove the employer was at fault. Workers’ compensation insurance covers most employers in New Mexico. You cannot sue your employer if they are covered. However, you may qualify for workers’ compensation benefits if you were exposed to asbestos while working for a covered company.
In New Mexico, workers’ compensation benefits include the following:
- Compensation payments of 66 and two-thirds percent of your average weekly wage, not exceeding 100 percent of the state average weekly wage in the case of total disability
- Medical care provided by the doctor of the employer’s choice unless the employer opts to allow you to select the doctor
- Death benefits, equal to what the employee would have received, paid to the dependents for up to 700 weeks, plus up to $7,500 in funeral expenses
Federal Employer Liability Act Claims
Worker’s compensation is not available if your employer was a federal railroad. Instead, you may be eligible for compensation through a Federal Employer Liability Act claim. Unlike workers’ compensation claims, FELA claims allow you to receive economic and non-economic damages.
In a FELA claim, you do have to prove that the employer was negligent, but any negligence by anyone affiliated with the railroad involving any railroad property or equipment is sufficient. Under federal law, you must file a claim within three years of diagnosis.
VA Claims
If you have been diagnosed with an asbestos-related illness and were exposed to asbestos in the military, you cannot sue the military. However, you can sue the companies that supplied asbestos to the military. In addition, you may be entitled to file a VA claim for monthly disability benefits and free medical care.
Disability benefits are tax-free monthly payments based on your service-connected disability rating, a rating assigned by the VA based on your degree of disability. This rating is generally 100 percent for veterans with mesothelioma or lung cancer but varies for asbestosis. The higher the disability rating, the higher the compensation.
Your disability rating also influences the coverage of your medical care. If your disability rating is 50 percent or higher, you are assigned a higher priority level, with most of your care covered without deductibles.
You can apply for benefits online, by mail, or by visiting the Albuquerque Regional Office in person.
New Mexico Workers with the Highest Risk of Asbestos Exposure
Occupational asbestos exposure is the most common source of exposure. It is also generally the form of exposure that results in the highest risk of mesothelioma because of its cumulative effects over time. The most prominent industries in New Mexico with a history of asbestos exposure include the following:
- Coal Companies
- Public Gas & Electric Companies
- Asbestos Companies
- Power Plants
- Lumber Companies
- Railroads
- Construction Companies
- Air Force and Army Bases
- Oil & Gas Production Companies
New Mexico is also home to natural asbestos deposits in the state’s southwestern region.
Occupations with Asbestos Exposure
While asbestos was largely phased out in the late 1970s, New Mexico workers are often still exposed to asbestos in the workplace when working with older equipment or buildings constructed during asbestos’ heyday.
Attorney Sam E. Taylor has encountered cases in New Mexico in which workers had developed mesothelioma after working in the following occupations:
- Aircraft Mechanics
- Construction workers
- Electrical Power Linemen
- Insulators
- Drywall Tapers
- Industrial Engineers
- Electrical Engineers
- Pipefitters
- Teachers
- Mechanical Engineers
- Railyard Workers
- Automobile Mechanics and Automotive Workers
- Firefighters
- Plumbers
- Electricians
- Demolition Workers
- Boilermakers
- Millwrights
- Welders
- Power Plant Workers
We have represented construction workers exposed to asbestos through cement pipes, sewage pipes, water pipes, drywall, electrical wiring, roofing, and tile.
Companies that Exposed Workers to Asbestos
We have seen cases in New Mexico involving asbestos exposure at the following companies:
- Cerrillos Coal Company
- Bates Lumber Company
- Nowlin Construction Company
- University of New Mexico
- H.M. Public Service Power
- Columbia Asbestos Company
- Owens Corning Fiberglass
- Reeves Power Plant
- Albuquerque Gas & Electric
- BNSF Railway
- San Juan Powerhouse
- PNM Resources Inc.
- Phelps Dodge Mining
- Four Corners Power Plant
- Alta Vista Middle School
Asbestos Exposure at Military Bases
Veterans who served at the following Air Force and Army bases in New Mexico may have been exposed to asbestos in their barracks and through their occupations:
- Kirtland Air Force Base
- Holloman Air Force Base
- Cannon Air Force Base
- White Sands Missile Range Army Base
- Los Alamos Demolition Army Base
Non-Occupational Asbestos Exposure
While the majority of asbestos exposure occurs in the workplace, many people have developed asbestos-related illnesses after exposure at other locations, especially homes and schools.
Asbestos in New Mexico Public Schools
According to the Farmington Daily Times, nearly 150 still-open schools have been deemed hazardous to health, safety, or life. These schools were built before 1980, and asbestos is among the many hazards posed. Asbestos becomes hazardous when damaged, and chipped asbestos floor tiles have been reported in these schools.
Asbestos has been found in the following schools in New Mexico in recent years:
- The Dennis Chavez Elementary School in Los Chavez during the first semester of the 2022-23 school year, according to the Valencia County News Bulletin
- The gym and cafeteria at Red Rock Elementary School in Gallup in 2014, according to KOAT Action News
The case at Red Rock Elementary School was especially alarming. According to a contractor, asbestos was being “yanked” out of the cafeteria ceiling during lunch, landing on lunch trays and the food counter. This allegedly occurred in the presence of a state inspector.
Two workers who observed the asbestos stopped immediately, but one continued. The substance was reportedly removed by people not licensed as asbestos contractors. Asbestos had also been found previously in the gymnasium’s plumbing. According to State Senator George Munoz, the parents were not properly notified.
Asbestos in the schools endangers children, teachers, and administrative staff. As a result, teachers have a higher risk of developing mesothelioma than the general public.
The United States Environmental Protection Agency has implemented the Asbestos Hazard Emergency Response Act, which requires schools to perform periodic asbestos inspections, report findings, and develop a plan for mitigating asbestos in school buildings. Region VI of the EPA, located in Dallas, Texas, enforces these rules in New Mexico.
Asbestos in the Home
Some of our clients have been exposed to asbestos in their own homes. The most common cause of asbestos exposure in the home is secondary asbestos exposure, which occurs when workers bring asbestos home on their work clothes. Family members can be exposed through contact with the clothing. Once introduced into the home, the fibers can spread throughout the home.
Our dedicated mesothelioma lawyers have recovered significant compensation on behalf of secondary asbestos exposure victims and their families, such as in the following cases:
- $3.859 million settlement for the family of a deceased woman exposed to asbestos through her husband’s work clothes
- $2 million settlement for the family of a deceased woman exposed to asbestos through industrial talc on her husband’s work clothes
- $1.895 million settlement for the wrongful death of a woman exposed to asbestos on her husband’s work clothes
- $1.5 million for a woman who developed pleural mesothelioma after being exposed to asbestos through cosmetic talc and the work clothes of her husband, an automotive brake mechanic
Asbestos may also be found in various consumer goods used in the home, including hair dryers, stove accessories, clothing irons, and even fake snow used around the holidays.
Asbestos exposure from building components in the home most commonly occurs during renovations. If you live in an older home, obtaining an inspection before performing renovations is important.
If you have loose-fill insulation, this could be Zonolite, an asbestos-tainted vermiculite-based insulation that may have been used until as late as 1990.
What to Do If You Suspect Asbestos in Your Home
If you suspect you have asbestos in your home, avoid disturbing it and obtain an air quality inspection from a qualified, licensed contractor.
In some cases, it may be safer to leave it in place. However, this will depend on the air quality test results and whether you intend to renovate. If it does require removal, you should hire a licensed asbestos abatement contractor.
Asbestos may also be lurking in various building components throughout your home if built before 1980, including the following:
- Popcorn ceilings
- Plumbing pipes
- HVAC ducts
- Cement products
- Roofing felt
- Roof shingles
- Floor tiles
- Drywall
- Insulation
Asbestos in Commercial Buildings
Older commercial buildings in New Mexico may also contain asbestos, including the following:
- Office buildings
- Apartment complexes
- Warehouses
- Shopping centers
- Historical buildings
The New Mexico Air Quality Bureau has adopted the National Emission Standards for Hazardous Air Pollutants, including the standards for asbestos control. These regulations require building owners and contractors to submit notices to the Air Quality Bureau before demolitions and certain renovations can be completed.
Contractors and building owners who fail to comply can be fined as much as $15,000 per violation daily. They can also be held liable in civil court for any asbestos exposure caused by their negligence.
What Should I Do If I Have Been Exposed to Asbestos?
There is no legal cause of action based on asbestos exposure alone. A claim for either negligence or strict liability requires an injury. An asbestos-related injury occurs when you are diagnosed with mesothelioma, asbestosis, or lung cancer.
It is also important to be aware that not everyone exposed to asbestos develops an asbestos-related illness, even with heavy exposure.
There is no way to know whether your asbestos exposure will result in such an illness.
However, you can take the following precautions to protect your health:
- Avoid smoking. While smoking does not increase the risk of developing mesothelioma, smoking with a history of asbestos exposure increases your risk of developing lung cancer by 50-fold.
- Notify your health care provider that you have a history of asbestos exposure. Mesothelioma is a rare disease, and without this notification, your doctors may not think to look for mesothelioma, lung cancer, or asbestosis if symptoms emerge.
- Consider having a chest X-Ray, lung function tests, or a low-dose CT scan done annually. These tests may help you identify an asbestos-related illness early if one does develop. Earlier detection may improve your outcome if a disease does develop.
Mesothelioma Treatment Centers in New Mexico
When selecting a mesothelioma doctor, it is important to choose a doctor with experience diagnosing and treating mesothelioma. Due to the rarity of this disease, most doctors lack experience treating it. Mesothelioma behaves differently from other cancers, but it also mimics other conditions. An experienced mesothelioma doctor can significantly improve your prognosis and quality of life.
Doctors specializing in mesothelioma treatment are often affiliated with mesothelioma treatment centers or comprehensive cancer centers with mesothelioma programs.
These treatment programs often use a multidisciplinary approach and may include palliative care, support groups for you and your family, and novel therapies. These clinics also typically participate in clinical trials.
Our New Mexico clients have obtained treatment at the following treatment centers with experience treating mesothelioma:
The University of New Mexico Cancer Research and Treatment Center in Albuquerque
(800) 432-6806
Out-of-state: (505) 272-4946
The New Mexico Cancer Center (Location 1) in Albuquerque
(505) 842-8171
The New Mexico Cancer Care Alliance in Albuquerque
(505) 925-0368
The New Mexico Cancer Center (Location 2) in Gallup
(505) 726-2400
When Should I Contact a Mesothelioma Lawyer in New Mexico?
If you have been diagnosed with mesothelioma or another asbestos-related illness in New Mexico, you have a limited amount of time to file a claim. This time limit is known as a statute of limitations. The New Mexico statute of limitations for asbestos exposure lawsuits is three years after your diagnosis or three years after the death of a loved one from an asbestos-related illness.
However, you should not wait to contact an experienced New Mexico mesothelioma lawyer. When you contact the Lanier Law Firm, we will spend extensive time with you, developing your life history to identify the sources of your exposure. This can help us ensure you recover all the compensation you are entitled to.
We will investigate and carefully gather all the evidence to support your case. We may have already obtained some of that evidence through our decades of experience investigating asbestos companies.
We will also retrieve your medical records to accurately calculate the value. We must complete these tasks before your case is filed. Thus, early involvement is critical to ensuring we can access all the necessary information before the statute of limitations expires.
Contact an Experienced Mesothelioma Lawyer in New Mexico Today
If you have been diagnosed with mesothelioma but have not yet contacted an experienced New Mexico mesothelioma attorney, you could be leaving significant money on the table. Contact us today to schedule a free consultation.
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