HB 5324
Amending the procedures for determining liability for exposures to asbestos or silica.
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes how long someone has to file a lawsuit related to illnesses caused by asbestos or silica exposure in West Virginia. It establishes a timeline based on when a person receives a medical diagnosis, discovers relevant facts, or passes away, with a focus on distinct actions for non-cancerous and cancerous conditions. The bill also includes specific limitations on lawsuits against coal mining equipment manufacturers.
Key provisions
- A lawsuit cannot be filed until a medical diagnosis is received or relevant facts are discovered.
- The timeline for filing a lawsuit begins with the date of a medical diagnosis, the discovery of relevant facts, or the date of death.
- Lawsuits for non-malignant conditions are treated separately from lawsuits for cancer.
- Damages cannot be awarded for fear or increased risk of future disease.
- There are limitations on lawsuits against coal mining equipment manufacturers, with specific timeframes for bringing claims.
Who is affected
- Individuals who have been exposed to asbestos or silica.
- Manufacturers of coal mining equipment.
- Legal professionals involved in asbestos and silica litigation.
- Healthcare providers.
- The West Virginia court system
Notable changes
- Establishes a new timeline for filing lawsuits based on medical diagnosis or discovery of facts.
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