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A mesothelioma diagnosis can raise immediate concerns about treatment, lost income, family finances, and how asbestos exposure happened in the first place.
Because the exposure may have occurred decades before the disease was diagnosed, identifying the companies and products connected to that exposure can require extensive investigation.
Kelley Ferraro, LLC has represented people with mesothelioma and other asbestos-related diseases since 1997. The firm has recovered more than $1 billion in compensation and has handled nearly 55,000 asbestos cases nationwide.
Our mesothelioma lawyers investigate employment histories, worksites, products, and other evidence to identify potentially responsible parties and determine which legal claims may be available.
If you or a family member has been diagnosed with mesothelioma, speaking with an attorney early can help preserve evidence and clarify your options. Contact Kelley Ferraro, LLC to discuss your situation.
Colorado has a long industrial history that included workplaces where asbestos-containing materials were used.
Pueblo’s steel industry is one example. Workers at the former CF&I Steel mill may have encountered asbestos insulation and other asbestos-containing materials in an industrial environment. The facility now operates as Rocky Mountain Steel Mills.
The Rocky Flats Plant in Jefferson County is another historically significant Colorado worksite. The nuclear weapons production facility operated from 1952 until 1994, and workers and contractors may have encountered asbestos-containing materials during construction, maintenance, and other activities.
Power generation facilities in and around cities such as Denver, Pueblo, and Colorado Springs also used asbestos-containing insulation and other materials in equipment and infrastructure.
These locations are examples rather than an exhaustive list. Asbestos exposure could have occurred in many occupations and workplaces, including construction, electrical work, plumbing, pipefitting, mechanical work, maintenance, manufacturing, and industrial trades.
A diagnosis alone does not establish where exposure occurred or which company is legally responsible. The investigation may require employment records, union records, military records, product information, witness testimony, and other historical evidence.
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Colorado imposes deadlines for filing civil claims, and asbestos cases can present unusual timing issues because the disease may not become apparent until decades after exposure.
Under C.R.S. § 13-80-102, a two-year limitations period applies to many tort claims, including certain personal injury and wrongful death actions. The precise deadline for a mesothelioma claim depends on the nature of the claim and the facts surrounding diagnosis, death, and discovery.
For asbestos-related claims, the date of exposure is often far removed from the date the disease becomes known. That makes determining when the limitations period began an important part of the initial legal review.
A potential wrongful death claim also requires attention to the date of death and the applicable statutory rules.
Because missing a filing deadline can prevent a claim from proceeding, it is important to have the dates and legal basis of the claim reviewed as soon as possible.
Once a mesothelioma case is accepted, the legal investigation can begin while the client focuses on medical care and family needs.
Kelley Ferraro, LLC can work to:
Mesothelioma cases can involve multiple defendants and multiple potential sources of compensation. Building the case requires more than establishing that asbestos exposure occurred. The evidence must connect the exposure to the parties being pursued and establish the losses associated with the disease.
Kelley Ferraro, LLC approaches these cases with the resources needed for that investigation and with trial experience that can remain important even when settlement discussions are underway.
Potentially, yes. The fact that exposure occurred many years ago does not by itself prevent a mesothelioma claim. The disease often has a long latency period, and the legal deadlines are governed by the applicable Colorado statutes and the facts surrounding diagnosis or death.
An attorney can investigate older employment and exposure records to determine whether the evidence supports a claim.
You may still have legal options. Identifying the source of exposure is often one of the most important parts of a mesothelioma investigation.
Employment records, job duties, worksites, product information, former coworkers, union records, and other evidence may help establish where exposure occurred and which companies may be responsible.
In some cases, multiple sources of compensation may be available. An asbestos trust claim and a lawsuit involve different procedures and eligibility requirements, and filing one does not automatically determine whether another claim is available.
The effect of one recovery on another can depend on the applicable rules, so the claims should be evaluated together.
Potentially. If the disease is connected to occupational asbestos exposure, workers’ compensation may be available depending on the facts and applicable Colorado law.
A workers’ compensation claim may also need to be considered alongside potential claims against third parties.
Potential damages depend on the claim and available evidence. Economic losses may include medical expenses and lost income. Non-economic damages can include losses associated with pain and emotional distress, subject to Colorado’s statutory limitations where applicable.
A wrongful death case may involve different categories of damages and must be evaluated under Colorado’s wrongful death statutes.
Exposure could occur in many workplaces, including industrial facilities, steel mills, power plants, construction sites, maintenance operations, and other locations where asbestos-containing materials were used.
Historic facilities such as the former CF&I Steel mill in Pueblo and the Rocky Flats Plant are examples of Colorado locations associated with industrial activity involving asbestos-containing materials.
Many Colorado tort claims are subject to a two-year limitations period, but the deadline applicable to a particular mesothelioma or wrongful death claim depends on the legal theory and facts involved.
Because asbestos exposure may occur decades before diagnosis, determining the correct filing deadline should be part of the initial case review.
Colorado law places a statutory limit on non-economic damages in many personal injury cases. For qualifying claims that accrued on or after January 1, 2025, C.R.S. § 13-21-102.5 provides a $1.5 million cap, subject to statutory adjustments.
The applicable limit can depend on the type of claim and other statutory provisions, so the cap should be evaluated in the context of the specific case.
You do not need to have every detail of your asbestos exposure history assembled before seeking legal guidance. An attorney can help determine what information is available, investigate potential sources of exposure, and explain which claims may apply.
Reach out today to Kelley Ferraro, LLC to schedule a free consultation. Contact the firm to discuss your diagnosis and the legal options that may be available in Colorado.
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