If you or someone you love was diagnosed with mesothelioma in Colorado, several claim paths may be open: lawsuits against the companies that made and sold asbestos products, claims against the owners of private mills, refineries, and plants where exposure occurred, claims against asbestos bankruptcy trusts, and benefits for veterans, certain federal workers, and workers covered by state workers' compensation, including a separate federal program (EEOICPA) for contractor employees at the historic Rocky Flats nuclear weapons plant.
Colorado generally gives you two years to file a personal-injury claim. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. Families of workers who have already passed should call sooner: a separate two-year wrongful-death deadline runs from the date of death. Colorado caps damages for pain and suffering, but damages for physical impairment or disfigurement are outside the cap. The safest step is to call as soon as possible after diagnosis.
You do not need to know the name of the asbestos product before you call. Most Colorado families don't. We reconstruct exposure from the worksite, the trade, the era, and the products used in that industry — whether that's Gates Rubber in Denver, the Suncor refinery in Commerce City, CF&I Steel in Pueblo, the Coors brewery in Golden, or the historic Rocky Flats plant. Many strong cases begin with one sentence: "Dad worked at Rocky Flats."
You don't need the product names or old records. No fee unless we recover compensation for your family.
Quick answers
| How long do we have to file? | Usually two years. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. If your loved one has already passed away, the wrongful-death deadline is two years from the date of death. Call as soon as you can — important evidence can be lost over time. |
|---|---|
| Does a Colorado mesothelioma claim mean filing a lawsuit? | Not always. Some families recover only through asbestos trust claims and federal benefit programs and never set foot in a courtroom. Many do both. We discuss the options before anything is filed. |
| Who may be responsible? | The companies that made and sold the asbestos products; in many cases, the mill, refinery, plant, or facility owner where the exposure happened; and the asbestos trusts set up by companies that have since gone bankrupt. |
| What compensation may be available? | Medical bills (where insurance you paid for covered them, generally the full billed amount), lost income, pain and suffering (capped), and damages for physical impairment or disfigurement, which are not subject to Colorado's cap. |
| What evidence do we need to call? | Just the basics: where your loved one worked, roughly when, and the diagnosis. We build the rest. You don't need product names, old pay stubs, or medical records before the first call. |
| Can an adult child or spouse call for us? | Yes. Most first calls come from a spouse or adult child. |
| Do I have to come to your office? | No. We handle Colorado cases by phone, video, and in-home visits where useful. |
“I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos, something we did not realize until it was too late to hold anyone accountable. That experience is why we built this site: so that no other family misses their chance to ask the questions, hear the options, and decide for themselves what to do.”
Was the exposure at a Colorado mill, refinery, plant, or federal facility?
Colorado's asbestos exposure is rooted in the Front Range industrial corridor, Pueblo's steel mill, northern Colorado manufacturing, and Western Slope mining and energy. The asbestos trusts' Colorado lists hold more than 1,000 entries across 139 communities, from 28 trusts, and dozens of our clients worked at Colorado job sites. These are some of the private worksites the trusts list most often; each count is the minimum number of trusts that list the site, including Johns-Manville.
| Colorado worksite | City | Why it matters |
|---|---|---|
| CF&I Steel (Colorado Fuel & Iron) Minnequa works | Pueblo | The integrated steel mill on Pueblo's south side, begun in 1881 (now Evraz Rocky Mountain Steel). At least 10 trusts. |
| Eastman Kodak Colorado Division | Windsor | Kodak's film and paper plant in northern Colorado, built around 1970. At least 10 trusts. |
| Gates Rubber Company | Denver | Belt and hose maker on South Broadway, founded in 1911, with its own powerhouse and steam system. At least 9 trusts. |
| Public Service Co. of Colorado — Cherokee Station | Denver | Coal-fired generating station north of downtown; pipefitters, insulators, and powerhouse workers. At least 9 trusts. (Zuni Station: at least 6.) |
| Adolph Coors brewery | Golden | Brewery and powerhouse on Clear Creek, founded in 1873 (now Molson Coors). At least 9 trusts. |
| Public Service Co. of Colorado — Valmont Station | Boulder | Generating station just east of Boulder. At least 7 trusts. |
| Continental Oil (Conoco) refinery | Commerce City | Now Suncor's, and Colorado's only oil refinery; insulation, gaskets, and packing on process equipment. At least 7 trusts. |
Public institutions such as the Colorado State Hospital in Pueblo (at least 6 trusts) can support trust and product claims. Federal sites, among them the Rocky Flats Plant (at least 8 trusts), Rocky Mountain Arsenal (at least 6), and the Air Force Academy (at least 5), are covered in the federal section below.
Check Colorado asbestos exposure sites or search the trusts' Colorado lists.
Not seeing the worksite? That does not mean your family has no claim. Many successful Colorado claims are built from product-handling reconstruction, coworker information, historical invoices, trust documents, and records from similar worksites in the same industry and era.
Your legal options after a Colorado mesothelioma diagnosis
Think in claim paths, not in a single lawsuit. Many Colorado families have several paths open, and the right strategy combines them. The order of filings is decided case by case with the trial team.
Asbestos trust claims
Dozens of asbestos product manufacturers filed for bankruptcy and established asbestos trusts to pay people they harmed. Tens of billions of dollars sit in those trusts today, set aside specifically for asbestos victims. Trust claims are filed under each trust's own procedures — they are not lawsuits, and they often pay before a lawsuit resolves. The trusts' Colorado lists come from 28 trusts. Learn more about asbestos trust claims.
Product liability lawsuits
For the companies that made asbestos products and have not gone bankrupt, Colorado allows lawsuits for strict products liability, negligence, failure to warn, and breach of warranty. A company that only sold a product generally can't be sued for product liability unless it also made the product or the part, or the maker is beyond the reach of Colorado courts. A company's violation of federal asbestos safety rules can be evidence of what reasonable care required. Learn more about product liability lawsuits.
Premises liability lawsuits
Many Colorado mesothelioma cases also involve the owner of the mill, refinery, or plant where the exposure happened. Under Colorado's Premises Liability Act, an owner owes a business visitor reasonable care against dangers it actually knew about or should have known about. One important limit: if the owner hired out work that was part of its own regular business, Colorado's workers' compensation law can treat it as the worker's employer and bar the suit. Federal installations generally can't be sued like a private owner. Learn more about premises liability lawsuits.
Workers' compensation, FECA, EEOICPA, VA, and Social Security
Several federal and state benefit programs may also apply. Some have repayment or offset rules that interact with a civil recovery, so we coordinate them case by case:
- VA service-connected disability for veterans with in-service asbestos exposure, including at Fort Carson, the U.S. Air Force Academy, NORAD/USNORTHCOM, Peterson/Schriever/Buckley Space Force Bases, and other postings. A civil or trust recovery doesn't reduce VA disability.
- FECA for federal civilian employees. FECA must be repaid from a third-party recovery, and VA and FECA benefits for the same disease generally require an election.
- EEOICPA Part E, a separate federal program, for employees of the Department of Energy's contractors at the historic Rocky Flats Plant, covering asbestos, beryllium, radiation, and other occupational illnesses. EEOICPA compensation is offset by lawsuit and trust recoveries for the same exposure.
- Social Security disability for claimants under full retirement age. Workers' compensation can offset it.
- Colorado workers' compensation, where the employer's insurer has a lien on parts of any third-party recovery.
Learn more about asbestos disability claims.
"Can we choose not to sue?"
Yes. Some Colorado families pursue only trust claims and federal benefits and never file a lawsuit. Our firm respects that decision. If your family wants to recover through trust and benefit channels only — for reasons of privacy, energy, time, or simply preference — we will tell you honestly what that path can look like and will not pressure you into a court case you do not want.
Uncomfortable with the idea of a lawsuit? So was Clarence Borel. He spent 33 years as an insulator on the Gulf Coast and didn't believe in suing anyone — until he realized his coworkers would die the same way he was dying. His 1969 lawsuit helped establish the product-liability law that protects families today, and the cases that followed it eventually led to the bankruptcy trusts that pay claims now. Read his story.
How long do I have to file a Colorado mesothelioma claim?
Colorado generally gives you two years to file a personal-injury claim. The clock starts when you knew, or should have known, both of the injury and its cause — not at the time of the long-ago asbestos exposure. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. An earlier, different asbestos diagnosis, such as asbestosis, does not by itself start the clock for a later mesothelioma.
If your loved one has already passed away, a separate two-year wrongful-death deadline applies, measured from the date of death. Colorado's wrongful-death statute allows the claim where your loved one could have sued had they lived.
Two years sounds like a long time. In asbestos cases, it is not. Witnesses, coworkers, employment records, product invoices, and medical experts all have to be lined up. The earlier we are involved, the more options we have.
Call 833-4-ASBESTOS to start the conversation.
Legal detail: Colorado filing deadlines
Personal injury and wrongful death: Two years under C.R.S. § 13-80-102(1)(a), (b), and (d) (tort actions, strict liability, failure to warn, and wrongful death).
Manufacturers and sellers of products: Two years under C.R.S. § 13-80-106, regardless of the theory, except warranty claims governed by the UCC (C.R.S. § 4-2-725). It is the same two-year statute of limitations, not a second deadline.
Fraud, misrepresentation, concealment, deceit: Three years under C.R.S. § 13-80-101(1)(c), accruing on discovery (§ 13-80-108(3)). This applies to fraud claims, not to the injury claims themselves.
Repose: C.R.S. § 13-80-104 limits claims against architects, contractors, builders, and engineers of improvements to real property to six years after substantial completion (two more years if the claim arises in the fifth or sixth year), and it can't be used by an owner in possession or control. For new manufacturing equipment, C.R.S. § 13-80-107 sets a seven-year limit from first use, except for injury from "prolonged exposure to hazardous material," hidden defects, or concealment.
Accrual / discovery rule: A personal-injury claim accrues when "both the injury and its cause are known or should have been known by the exercise of reasonable diligence" (C.R.S. § 13-80-108(1)); wrongful death accrues on the date of death (§ 13-80-108(2)). Discovery of an earlier asbestos-related disease does not start the period for a separate, later-manifested disease (Miller v. Armstrong World Industries, Inc., 817 P.2d 111 (Colo. 1991)).
Wrongful death: C.R.S. § 13-21-202 allows the claim where the act "would, if death had not ensued, have entitled the party injured to maintain an action."
Who can be sued in a Colorado asbestos case?
Most Colorado asbestos cases are not against the worker's direct employer — they are against multiple third parties whose conduct caused the exposure.
Product manufacturers and suppliers
Manufacturers and distributors of asbestos-containing insulation, gaskets, packing, joint compound, refractory products, friction products, and other materials are typically the core defendants. Many have gone bankrupt and pay through trusts; the solvent ones are sued directly.
Premises owners and site operators
The private mills, refineries, plants, and utilities where asbestos exposure happened may be liable as well. Under Colorado's Premises Liability Act, an owner owes a business visitor reasonable care against dangers it actually knew about or should have known about. But an owner that hired out work that was part of its own regular business (routine plant maintenance, for example) can be treated as the worker's statutory employer and is then protected by workers' compensation. Federal installations generally can't be sued like a private owner.
Asbestos bankruptcy trusts
Trust claims are filed against the funds set aside by bankrupt manufacturers. When they are filed relative to a lawsuit is decided case by case with the trial team.
Employers
Colorado workers' compensation generally bars suing the direct employer for occupational disease, and it can also protect a plant owner that hired out its regular work. It doesn't bar claims against the companies that made and sold the asbestos products.
Legal detail: Colorado product liability, premises liability, and workers' compensation
Product liability theories: Strict products liability, negligence, breach of warranty, and failure to warn. Federal OSHA asbestos standards (29 C.F.R. § 1910.1001; 29 C.F.R. § 1926.1101) can be admitted as evidence of the standard of care (Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002)), but an OSHA violation cannot be the basis of a negligence per se instruction (Canape v. Petersen, 897 P.2d 762 (Colo. 1995)).
What defendants argue: A seller that isn't also the manufacturer of the product or the part can't be sued in a product liability action unless the manufacturer is beyond the court's jurisdiction (C.R.S. § 13-21-402). A product is rebuttably presumed not defective if it met the state of the art or applicable government standards when sold, and ten years after it was first sold (C.R.S. § 13-21-403).
Premises liability: Governed exclusively by the Colorado Premises Liability Act, C.R.S. § 13-21-115 (Vigil v. Franklin, 103 P.3d 322 (Colo. 2004)). The court decides whether the worker was a trespasser, licensee, or invitee (§ 13-21-115(6)):
- Trespasser — damages willfully or deliberately caused (§ 13-21-115(4)(a))
- Licensee — reasonable care as to dangers the landowner created and actually knew about, and a duty to warn of certain other dangers it actually knew about (§ 13-21-115(4)(b))
- Invitee — reasonable care to protect against dangers the landowner actually knew about or should have known about (§ 13-21-115(4)(c)(I))
- Invitee on agricultural or vacant land — only dangers the landowner actually knew about (§ 13-21-115(4)(c)(II))
Workers' compensation: Exclusive remedy against a complying employer (C.R.S. §§ 8-41-102, 8-41-104). A company that contracts out part of its work is the statutory employer of the contractor's employees (C.R.S. § 8-41-401) and is immune if the work is part of its "regular business" (Finlay v. Storage Technology Corp., 764 P.2d 62 (Colo. 1988)). Claims against a third party "not in the same employ" are preserved (C.R.S. § 8-41-203(1)(a)). The insurer is subrogated up to the compensation paid; its lien reaches economic and physical-impairment or disfigurement damages, not pain and suffering, and is generally reduced by attorney fees and costs (§ 8-41-203(1)(b)–(e)). Notice to the insurer is generally required before suit (§ 8-41-203(4)).
Causation: Substantial-factor framework where multiple causes combine to produce harm; expert testimony must meet CRE 702.
What compensation can a Colorado mesothelioma case recover?
Personal-injury compensation
Colorado mesothelioma cases can recover:
- Past and future medical expenses — where insurance you paid for covered them, Colorado generally lets you recover the full billed amount, not just the discounted amount the insurer paid.
- Lost wages and lost earning capacity, including future earning capacity.
- Pain and suffering — Colorado caps these damages (for claims arising in 2025 or later, at $1.5 million in total, which courts have applied to each defendant's share). Damages for physical impairment or disfigurement are outside the cap. They are proved separately, and mesothelioma's effects on breathing, mobility, and daily function can support them.
- A spouse's loss of consortium — a separate claim for the spouse, which Colorado ties to the worker's own claim. Children can't recover for loss of a parent's companionship while the parent is living.
- Punitive damages — available only where the conduct is proved, beyond a reasonable doubt, to involve fraud, malice, or willful and wanton conduct (more in the legal detail block).
Wrongful-death compensation
Where mesothelioma has already taken a life, Colorado's wrongful-death framework allows the spouse and heirs to recover:
- Grief, loss of companionship, impairment of quality of life, inconvenience, pain and suffering, and emotional stress (noneconomic damages)
- Funeral and burial costs and the net financial loss to the family (economic damages)
- Punitive damages, where the death involved fraud, malice, or willful and wanton conduct
Colorado's survival rule is strict: if the worker dies before the case is resolved, the case can continue through the estate, but only for earnings lost and expenses incurred before death. Damages for the worker's own pain, suffering, and disfigurement end at death. That is why we try to resolve the case during the worker's lifetime.
Legal detail: Colorado damages and wrongful death
Noneconomic damages cap (personal injury): For actions filed during 2025 and claims accruing on or after January 1, 2025, $1,500,000 in total for direct and derivative noneconomic damages together (so a spouse's consortium damages fall within the same limit), adjusted for inflation starting January 1, 2028 (C.R.S. § 13-21-102.5(3)(a)(II), as amended by HB24-1472). Older claims filed outside that window fall under the prior caps ($250,000, or up to $500,000 on clear and convincing evidence, as adjusted for inflation through 2024). Derivative noneconomic damages, such as a spouse's, require clear and convincing justification (§ 13-21-102.5(3)(b)).
Physical impairment / disfigurement: Under C.R.S. § 13-21-102.5(5), "Nothing in this section shall be construed to limit the recovery of compensatory damages for physical impairment or disfigurement." These damages are a separate category; pain and suffering, inconvenience, emotional stress, and impairment of the quality of life remain within the cap (§ 13-21-102.5(2)(b)).
Per-defendant cap: General Electric Co. v. Niemet, 866 P.2d 1361 (Colo. 1994): the court apportions fault first and then applies the cap to each defendant's share (decided under the earlier text of the statute; the 2024 text has not yet been tested on this point).
Collateral source: Volunteers of America Colorado Branch v. Gardenswartz, 242 P.3d 1080 (Colo. 2010): under the contract clause of C.R.S. § 13-21-111.6, a plaintiff whose own purchased insurance paid recovers the full amount of medical expenses incurred, not the discounted amount paid. The jury doesn't hear the amounts paid (Wal-Mart Stores, Inc. v. Crossgrove, 276 P.3d 562 (Colo. 2012)). After the verdict, the court reduces damages by other compensation from "any other person, corporation, insurance company, or fund," except benefits from a contract the plaintiff paid for (§ 13-21-111.6).
Punitive damages: "Fraud, malice, or willful and wanton conduct" under C.R.S. § 13-21-102(1), proved beyond a reasonable doubt (C.R.S. § 13-25-127(2)). Capped at the actual damages; the court may increase the award up to three times actual damages only if the defendant continued the conduct or aggravated the damages during the case (§ 13-21-102(3)). A punitive claim can't be in the initial complaint; it may be added after initial disclosures on prima facie proof (§ 13-21-102(1.5)).
Wrongful death: C.R.S. §§ 13-21-201 to 13-21-203. In the first year after death, only the surviving spouse may sue (the heirs may sue on the spouse's written election, or if there is no spouse); in the second year, the spouse, the heirs, or both. A designated beneficiary may sue where there is no spouse, and since 2025 siblings may sue where there is no spouse, heir or designated beneficiary (§ 13-21-201(1)(a)(IV)–(V), (1)(b)(I)(D)–(E)). Only one wrongful-death action per decedent. Damages include the survivors' grief, loss of companionship, pain and suffering, and emotional stress, and economic losses such as funeral costs and lost financial support. The noneconomic cap is $2,125,000 for wrongful-death actions filed during 2025 and claims accruing on or after January 1, 2025 (§ 13-21-203(1)(a)), and it applies once to the whole claim, not per defendant (Lanahan v. Chi Psi Fraternity, 175 P.3d 97 (Colo. 2008)). Exemplary damages are available under § 13-21-203(3) (since 2001) and are added by amendment 60 days after initial disclosures.
Survival: Under C.R.S. § 13-20-101(1), after the injured person dies, personal-injury damages are "limited to loss of earnings and expenses sustained or incurred prior to death and shall not include damages for pain, suffering, or disfigurement." The personal representative may continue the action (§ 13-20-101(2)).
What evidence do we need to prove a Colorado asbestos case?
You do not need to gather everything before calling. We build the evidence; you tell us where to start.
| Evidence | Why it helps | What if you do not have it? |
|---|---|---|
| Diagnosis (pathology report, treating physician records) | Confirms mesothelioma and the subtype. The foundation of the case. | We can obtain records directly from treating providers with a signed authorization. |
| Work history — employer names, rough dates, job titles | Lets us match the work to specific asbestos products and to the trusts and defendants that paid into them. | A spouse or adult child usually knows enough to start. We fill gaps from Social Security earnings records, union records, and coworkers. |
| Military service records (DD-214) for veterans | Opens VA disability benefits and helps document Navy, Air Force, Army, and Space Force exposure. | We help request records from the National Personnel Records Center. |
| Coworker contacts | Coworker statements can identify products, brands, and conditions. | If you don't have names, we often have them from the same worksite already. |
| Product invoices, photos, union job tickets | Direct product identification is powerful. | Most Colorado cases are built without these. Product-handling reconstruction by trade and era usually fills the gap. |
You do not need product names. You do not need to track down old employment records before calling. A spouse or adult child can call for the family.
How does Colorado divide responsibility when many asbestos companies were involved?
Colorado has abolished traditional "joint and several liability": each defendant generally pays only its own percentage of fault. Joint liability remains only for companies that consciously conspired in a common plan.
Defendants can also ask the jury to assign fault to companies that aren't in the case, including bankrupt asbestos manufacturers and companies that settled. The share assigned to them isn't paid by the remaining defendants, and trust payments are set by each trust's own rules, not by that share. A settlement reduces the claim against the other defendants by the settling company's percentage of fault.
In product liability claims, a worker's own fault never bars recovery; it reduces the award in proportion. In negligence claims, a worker found 50% or more at fault recovers nothing. Assumption of risk isn't a separate complete bar; the jury weighs it as part of the worker's fault.
Legal detail: comparative negligence, joint and several liability, and settlement credits
Comparative fault: In product liability actions, the claimant's fault reduces but doesn't bar recovery, and C.R.S. § 13-21-111 doesn't apply (C.R.S. § 13-21-406(1), (4)). In negligence actions, the plaintiff recovers only if their negligence "was not as great as" the defendant's; at 50%, judgment is for the defendant (C.R.S. § 13-21-111(1), (3)).
Assumption of risk: Considered by the jury in apportioning negligence (C.R.S. § 13-21-111.7), not a separate complete bar.
Several liability: C.R.S. § 13-21-111.5(1): no defendant pays more than its percentage of fault. Joint liability applies only to persons who "consciously conspire and deliberately pursue a common plan or design to commit a tortious act" (§ 13-21-111.5(4)).
Nonparty fault: C.R.S. § 13-21-111.5(3)(b). The jury may assign fault to a nonparty that settled with the plaintiff, or that a defendant designates within 90 days after the case begins. Fault assigned to a nonparty, including a bankrupt manufacturer, is not owed by the remaining defendants.
Settlement credits: A good-faith release reduces the claim against the other defendants by the settling party's percentage of fault (C.R.S. § 13-50.5-105(1)(a)).
Federal safety standards: OSHA asbestos standards can be evidence of the standard of care (Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002)) but not the basis for negligence per se (Canape v. Petersen, 897 P.2d 762 (Colo. 1995)).
Causation: Substantial-factor framework for multi-cause cumulative-exposure cases.
Economic loss rule: Town of Alma v. AZCO Constr., Inc., 10 P.3d 1256 (Colo. 2000) — tort exception for physical injury to persons or property; the rule does not bar asbestos personal injury claims.
How trust claims, lawsuits, and benefits can work together
| Path | What it is | How it fits |
|---|---|---|
| Asbestos trust claims | Claims against the funds set aside by bankrupt asbestos manufacturers, under each trust's own procedures. | Often pay before a lawsuit resolves. Timing relative to a lawsuit is decided case by case with the trial team. Fault assigned to bankrupt companies at trial isn't paid by the remaining defendants. |
| Civil lawsuit | A Colorado court action against solvent manufacturers and premises owners. | The main vehicle for full personal-injury and wrongful-death recovery against companies still in business. |
| VA disability | Service-connected disability compensation for military veterans. | A civil or trust recovery doesn't reduce VA disability. VA and FECA benefits for the same disease generally require an election. |
| FECA / EEOICPA / Social Security | Federal benefits for federal civilian workers, Rocky Flats contractor employees, and disabled workers under full retirement age. | FECA must be repaid from a third-party recovery. EEOICPA compensation is offset by lawsuit and trust recoveries for the same exposure and reduced by state workers' comp. Workers' comp can offset SSDI. |
| Colorado workers' compensation | Benefits from the employer's insurer. | The insurer has a lien on the economic and physical-impairment parts of a third-party recovery, reduced by fees and costs. |
Colorado federal-facility exposure
Many Colorado mesothelioma claims trace to a federal worksite. Federal installations generally can't be sued like a private owner: a federal civilian employee's remedy against the United States is FECA, and a family member's own claim against the United States would go through the Federal Tort Claims Act. Claims against the companies that made and supplied the asbestos products are not affected.
- Rocky Flats Plant (historic DOE) — Cold War nuclear weapons plant near Golden, run for the government by contractors: Dow Chemical from 1952 to 1975, then Rockwell International, then EG&G and others. Production stopped in 1989. At least 8 trusts list it. Rocky Flats is a covered DOE facility under EEOICPA: Part E compensates the contractors' employees for illnesses caused by toxic substances there, including asbestos, and its compensation is offset by lawsuit and trust recoveries for the same exposure.
- U.S. Air Force Academy (Colorado Springs) — operational since 1954; at least 5 trusts list it. VA disability for Air Force veterans with in-service exposure; FECA for federal civilian employees.
- Fort Carson (Colorado Springs) — major Army installation since 1942; home to the 4th Infantry Division and 10th Special Forces Group.
- NORAD / USNORTHCOM Cheyenne Mountain Complex (Colorado Springs) — underground command center for NORAD and U.S. Northern Command since 1966.
- Peterson, Schriever, and Buckley Space Force Bases — Space Force operations.
- Rocky Mountain Arsenal (historic; Commerce City) — Army chemical weapons plant, 1942–1992; at least 6 trusts list it.
- Pueblo Chemical Depot — Army chemical weapons storage facility.
Federal program coordination: VA service-connected disability for veterans, FECA for federal civilian employees, EEOICPA for Rocky Flats contractor employees, and Social Security disability for claimants under full retirement age. These programs have their own repayment, offset, and election rules (FECA repayment from a third-party recovery, the EEOICPA offset for lawsuit and trust recoveries, the VA/FECA election for the same disease), so we coordinate them case by case with the trial team. A civil or trust recovery doesn't reduce VA disability.
What happens after you call?
A free case review is a conversation, not a commitment to file a lawsuit.
- Free phone or video intake. We listen. We ask about the diagnosis, the work history, and the family situation. There is no charge and no obligation.
- Worksite and product mapping. We match the work history to our Colorado asbestos exposure database, including the more than 1,000 Colorado entries on the trusts' lists, and to the asbestos products used in that industry and era.
- Records and benefits. With a signed authorization, we obtain medical records, employment records, military records, and other documents. We identify the benefit programs that apply (VA, FECA, EEOICPA, SSDI, workers' comp) and plan the order of filings with the trial team.
- Trust claim filings. We file claims against every asbestos trust the evidence supports. These often resolve before a lawsuit does.
- Civil case filing. Where appropriate, we file in Colorado state court (Denver, Pueblo, Adams, Jefferson, El Paso, and other district courts) or federal court.
- Litigation, mediation, and resolution. Most asbestos cases resolve through negotiated settlements with multiple defendants rather than through trial.
- Distribution. When recoveries come in, we distribute them — net of costs and the contingent fee — to the family.
How Colorado's laws may work in practice
John is a 73-year-old retired pipefitter and welder from Golden. From 1972 through 1992 he worked at the Rocky Flats Plant in the Front Range foothills near Golden for the private contractors that ran the plant for the federal government: Dow Chemical, then Rockwell International, then EG&G. His work brought him into daily contact with asbestos-containing materials throughout the complex — pipe and boiler insulation on high-pressure steam lines and process piping, gaskets and packing on valves and pumps, and refractory on furnaces and heat-treatment equipment. He had no significant health complaints until late 2025, when he developed persistent chest pain, pleural effusion, and shortness of breath on exertion. In February 2026, a pleural biopsy confirmed pleural mesothelioma of the epithelioid histological subtype. Like many Rocky Flats workers of his generation, John had no idea his work could cause cancer decades later.
For John's family, several paths may be open. Because John worked for the Department of Energy's contractors at a covered DOE facility, he may qualify for EEOICPA Part E, which compensates contractor employees for illnesses caused by toxic substances, including asbestos. EEOICPA compensation is offset by lawsuit and trust recoveries for the same exposure, and a Colorado workers' compensation claim against his former employers' insurers may also be available, so the order of filings is decided with the trial team. We also file claims with the asbestos bankruptcy trusts the evidence supports; at least eight trusts list Rocky Flats, including Johns-Manville. A civil case against the solvent manufacturers and suppliers of the products he worked with is filed in Colorado before the two-year deadline runs. John can't sue his employers (workers' compensation covers them), and the plant belonged to the United States, so his lawsuit is a product case. His wife may bring her own claim for loss of consortium. John's wife and children may also have been exposed to asbestos dust on his work clothes; as part of our representation, we offer free asbestos health screening to family members of every client who may have been exposed at home. The screening is a chest X-ray read by a B-reader, with a CT scan if needed; it looks for asbestos-related changes in the lungs and isn't a diagnosis or a reliable way to find mesothelioma early. If John dies before the case is resolved, his estate can continue it, but only for earnings lost and expenses incurred before death; his own pain and suffering would be lost, which is why we try to resolve the case during his lifetime. His wife would then bring the wrongful-death claim.
Legal analysis of this hypothetical
Limitations. John's claim accrues when he knew or should have known of the injury and its cause (C.R.S. § 13-80-108(1)). Counted from the February 2026 diagnosis to be safe, the two-year period under C.R.S. §§ 13-80-102 and 13-80-106 runs to February 2028.
Defendants and theories. Product claims against the manufacturers and suppliers of the insulation, gaskets, packing, and refractory: strict products liability, negligence, failure to warn, and breach of warranty (warranty claims have their own UCC period, C.R.S. § 4-2-725). A seller that didn't make the product or part is protected by C.R.S. § 13-21-402 unless the manufacturer is beyond the court's jurisdiction. Defendants will invoke the § 13-21-403 presumptions, including the ten-year presumption; they are rebuttable. OSHA asbestos standards (29 C.F.R. §§ 1910.1001, 1926.1101) may be evidence of the standard of care (Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002)) but not negligence per se (Canape v. Petersen, 897 P.2d 762 (Colo. 1995)). Venue (for example, Jefferson County District Court) depends on the defendants.
No employer or premises claim. The contractors that employed John are protected by workers' compensation (C.R.S. §§ 8-41-102, 8-41-104). Rocky Flats was owned by the United States, which is not sued as a private premises owner.
Comparative fault. In a product liability action, any fault of John's reduces but does not bar his recovery (C.R.S. § 13-21-406); assumption of risk is weighed as part of his fault (§ 13-21-111.7).
Several liability and nonparties. Each defendant pays only its percentage of fault (C.R.S. § 13-21-111.5(1)). Defendants may designate bankrupt manufacturers as nonparties within 90 days (§ 13-21-111.5(3)(b)); fault assigned to them is not owed by the remaining defendants. A settlement reduces the claim by the settling party's percentage of fault (C.R.S. § 13-50.5-105). Trusts on the exposure page's Rocky Flats list: ABB Lummus, Babcock & Wilcox, Burns & Roe, Eagle-Picher, Fibreboard, Owens Corning, and Western Asbestos, plus Johns-Manville, each under its own procedures.
Causation. Substantial-factor framework; expert testimony on each defendant's product must meet CRE 702.
Damages. Medical expenses (the full amount incurred where his own purchased insurance paid, Volunteers of America Colorado Branch v. Gardenswartz, 242 P.3d 1080 (Colo. 2010)); physical impairment and disfigurement, outside the cap (C.R.S. § 13-21-102.5(5)); pain and suffering and other noneconomic loss, including his wife's, capped at $1,500,000 in total for a claim accruing in 2026 (§ 13-21-102.5(3)(a)(II)) and applied to each defendant's share under General Electric Co. v. Niemet, 866 P.2d 1361 (Colo. 1994) (decided under the earlier text); and his wife's consortium claim, a derivative noneconomic claim that needs clear and convincing justification (§ 13-21-102.5(3)(b)). No lost-earnings claim (he is retired). His adult children have no consortium claim for a living parent's injury (Lee v. Colorado Dept. of Health, 718 P.2d 221 (Colo. 1986)).
Punitive damages. Fraud, malice, or willful and wanton conduct under C.R.S. § 13-21-102, proved beyond a reasonable doubt (C.R.S. § 13-25-127(2)) against each defendant on its own conduct. Capped at actual damages (up to three times only for conduct during the case, § 13-21-102(3)), and added by amendment after initial disclosures (§ 13-21-102(1.5)).
Benefits. EEOICPA Part E (42 U.S.C. § 7385s), up to $250,000 plus medical benefits (§ 7385s-12), reduced by state workers' compensation for the same illness (§ 7385s-11) and offset by any tort award or settlement for the same exposure, including asbestos trust settlements (§ 7385; EEOICPA Fin. Dec. No. 20231211-50025412-3 (Dep't of Labor 2024)). A Colorado workers' compensation insurer would have a lien on the economic and physical-impairment parts of his recovery, reduced by fees and costs (C.R.S. § 8-41-203). No FECA (he was not a federal employee), no VA claim, and no SSDI (he is past full retirement age).
Survival and wrongful death. If John dies before resolution, his personal representative may continue the case (C.R.S. § 13-20-101(2)), but damages are limited to earnings and expenses before death, without pain, suffering, or disfigurement (§ 13-20-101(1)). His wife alone may bring the wrongful-death action in the first year (C.R.S. § 13-21-201(1)(a)), within two years of death (§§ 13-80-102(1)(d), 13-80-108(2)); its noneconomic damages are capped at $2,125,000 for the whole claim (§ 13-21-203(1)(a); Lanahan v. Chi Psi Fraternity, 175 P.3d 97 (Colo. 2008)). Exemplary damages are available under § 13-21-203(3).
This example is general. Every case depends on the diagnosis, exposure history, dates, defendants, applicable law, and available evidence.
Why families choose our firm
Our firm has recovered over $400 million for asbestos clients nationally. Our Colorado work is supported by a proprietary database of 200,000+ verified asbestos exposure sites built over more than a decade — including the trusts' Colorado lists, with more than 1,000 entries across 139 communities from 28 trusts. Dozens of our clients worked at Colorado job sites.
For Colorado families, that means:
- No investigation lag. We often know on day one which trusts list your worksite: CF&I's Minnequa works and Kodak Windsor (at least 10 trusts each), Gates Rubber, Cherokee Station, and the Coors brewery (at least 9 each), Rocky Flats (at least 8), and many more.
- Prepared for Colorado's rules. Product, negligence, and warranty claims built around Colorado's two-year deadline, its several-liability and nonparty-fault rules, the physical-impairment exception to the damages cap, and the statutory-employer rule for plant owners.
- EEOICPA coordination for Rocky Flats contractor employees. Timed with the trial team, because lawsuit and trust recoveries offset EEOICPA compensation.
- Coordinated filings. Trust claims, lawsuits, VA, FECA, workers' comp, and SSDI where applicable, coordinated case by case with the trial team.
- Act during life. Colorado ends a worker's own pain-and-suffering damages at death, and the worker's testimony is often the most important evidence. Call as soon as possible after diagnosis.
- Remote handling. Phone, video, and in-home meetings. You do not need to come to our office.
- No fee unless we recover. Contingent fee.
Court decisions: 9 asbestos cases from Colorado courts
Frequently asked questions
What is the statute of limitations for mesothelioma in Colorado?
Two years. Exactly when the clock starts varies, so to be safe, count from the date of diagnosis. Call as soon as you can after diagnosis.
What is the deadline for a wrongful-death claim in Colorado?
Two years from the date of death. This is a separate clock from the diagnosed-worker deadline, and in the first year the surviving spouse has the right to bring the claim. If your loved one died of mesothelioma, call now — important evidence becomes harder to obtain over time.
Can my family still call if my loved one already died?
Yes. Colorado's Wrongful Death Act lets the spouse and heirs recover for their own losses. Whether or not a case was already filed, the estate can bring or continue your loved one's own claim, but only for earnings lost and expenses incurred before death, not for their pain and suffering. Punitive damages are available in wrongful-death cases where the death involved fraud, malice, or willful and wanton conduct.
Do I need to know the asbestos product names?
No. Most families don't. We reconstruct exposure from the worksite, the trade, the era, and what was used in that industry — using a proprietary database of verified Colorado worksites and the products documented at each.
Do I need old employment records before calling?
No. A spouse or adult child usually knows enough to start — the employer, the rough years, and the job. We obtain Social Security earnings histories, union records, and other employment documentation with a signed authorization.
Can an adult child call for a parent?
Yes. Most first calls come from a spouse or adult child. We can speak with the family before the diagnosed worker is ready or able to talk.
Will we have to file a lawsuit?
Not necessarily. Some Colorado families recover only through trust claims and federal benefits. Many do both. We discuss the options before anything is filed and respect your family's preferences.
Are trust claims separate from lawsuits?
Yes. Trust claims are filed under each trust's own procedures against funds the bankrupt manufacturers set aside specifically for asbestos victims. They are not lawsuits and often pay before any lawsuit resolves. When they are filed relative to a lawsuit is decided case by case with the trial team.
Can I file a Colorado claim if I no longer live in Colorado?
Often yes. Whether a Colorado court can hear the case depends on each defendant's connection to Colorado, not on where you live now. Many retired workers have moved out of state. We handle these cases remotely.
What if the exposure happened at work?
Most asbestos cases are against third-party manufacturers and premises owners, not the worker's direct employer. Colorado workers' compensation generally bars suing the direct employer, and it can also protect a plant owner that hired out work that was part of its regular business. It does not bar suing the companies that made and sold the asbestos products.
What if the exposure happened through a spouse's work clothes?
Family members exposed to asbestos brought home on a worker's clothes may have claims against the manufacturers of the products and against the trusts. We're not aware of a Colorado appellate decision that settles whether employers and property owners owe household members a duty, so each claim is evaluated case by case. As part of our representation, we offer free asbestos health screening to family members of every client who may have been exposed at home.
Are punitive damages available in Colorado asbestos cases?
Yes, but Colorado sets a high bar: the conduct must be proved beyond a reasonable doubt to involve fraud, malice, or willful and wanton conduct, and the award is generally limited to the amount of actual damages. A punitive claim can only be added after the case is under way. Punitive damages are also available in Colorado wrongful-death cases.
Are noneconomic damages capped in Colorado mesothelioma cases?
In part. For claims arising in 2025 or later, Colorado caps pain and suffering and similar damages at $1.5 million in total, which courts have applied to each defendant's share. Damages for physical impairment or disfigurement are outside the cap, and mesothelioma's effects on breathing, mobility, and daily function can support them. In a wrongful-death case, the family's noneconomic damages are capped at $2.125 million for the whole claim.
Where will my Colorado case be filed?
Where a case is filed depends on the defendants and the facts, and it is decided with the trial team. Common venues include the Denver, Pueblo, Adams, Jefferson, and El Paso County district courts and the U.S. District Court for the District of Colorado.
What if I worked at Rocky Flats?
Rocky Flats was a Cold War nuclear weapons plant, run for the government by private contractors. Rocky Flats is a covered DOE facility under EEOICPA: Part E compensates the contractors' employees for illnesses caused by toxic substances there, including asbestos. EEOICPA compensation is offset by lawsuit and trust recoveries for the same exposure and reduced by state workers' comp, so we plan the order of filings with the trial team. Claims against the companies that made the asbestos products are separate.
What if I worked at Gates Rubber, CF&I Steel, Coors, or one of the Public Service of Colorado plants?
These are among the Colorado worksites the trusts list most often: CF&I's Minnequa works in Pueblo (at least 10 trusts, including Johns-Manville), Gates Rubber in Denver (at least 9), the Coors brewery in Golden (at least 9), and Public Service's Cherokee Station (at least 9), Valmont Station (at least 7), and Zuni Station (at least 6). If one of them was your loved one's worksite, the trust side of the case can usually start from what the trusts already list.
What if I served at Fort Carson, the USAF Academy, NORAD/USNORTHCOM, or one of the Space Force Bases?
VA service-connected disability is available for veterans with in-service asbestos exposure, and FECA for federal civilian employees. A civil or trust recovery doesn't reduce VA disability; FECA must be repaid from a third-party recovery, and VA and FECA for the same disease generally require an election. The bases themselves generally can't be sued like a private owner.
Talk with a Colorado mesothelioma lawyer
Whether your family is dealing with a new diagnosis, a very sick loved one, or a death from mesothelioma — whether the exposure was at Gates Rubber, the Suncor refinery, the Coors brewery, CF&I Steel, a Public Service of Colorado plant, the historic Rocky Flats, Fort Carson, the Air Force Academy, NORAD, or anywhere across the state's industrial and federal landscape — our team is ready to fight for your family.
You do not need to know the product names. You do not need to have all the records. You do not need to travel to our office. A spouse or adult child can call for the family.
Related resources
Sources and references
Statutes
- C.R.S. § 13-80-101(1)(c) — Three-year limitations period for fraud, misrepresentation, concealment, and deceit claims.
- C.R.S. § 13-80-102 — Two-year limitations period for tort actions, strict liability, failure to warn, and wrongful death.
- C.R.S. § 13-80-104 — Six-year repose for claims against architects, contractors, builders, and engineers of improvements to real property.
- C.R.S. § 13-80-106 — Two-year limitations period for actions against manufacturers and sellers of products.
- C.R.S. § 13-80-107 — Seven-year limit for new manufacturing equipment, with exceptions for prolonged exposure to hazardous material, hidden defects, and concealment.
- C.R.S. § 13-80-108 — Accrual: injury and its cause known or should have been known; wrongful death at the date of death.
- C.R.S. § 13-20-101 — Survival; pain, suffering, and disfigurement end at death.
- C.R.S. § 13-21-102 — Exemplary damages: fraud, malice, or willful and wanton conduct; actual-damages cap; increase up to three times for conduct during the case; pleading by amendment.
- C.R.S. § 13-21-102.5 — Noneconomic damages cap ($1,500,000 for actions filed during 2025 and claims accruing on or after January 1, 2025); physical impairment and disfigurement outside the cap (§ 13-21-102.5(5)).
- C.R.S. § 13-21-111 — Comparative negligence; recovery barred at 50% plaintiff fault in negligence actions.
- C.R.S. § 13-21-111.7 — Assumption of risk considered in apportioning negligence.
- C.R.S. § 13-21-111.5 — Several liability; joint liability for conscious conspiracy; nonparty fault and 90-day designation (§ 13-21-111.5(3)(b)).
- C.R.S. § 13-50.5-105 — Settlement credit by the settling party's percentage of fault.
- C.R.S. § 13-21-111.6 — Collateral-source setoff, with the exception for benefits from a contract the plaintiff paid for.
- C.R.S. § 13-21-115 — Colorado Premises Liability Act; invitee standard at § 13-21-115(4)(c).
- C.R.S. §§ 13-21-201, 13-21-202 — Colorado Wrongful Death Act; first-year spouse priority.
- C.R.S. § 13-21-203 — Wrongful-death damages; $2,125,000 noneconomic cap for claims accruing on or after January 1, 2025; exemplary damages under § 13-21-203(3).
- C.R.S. §§ 13-21-402, 13-21-403, 13-21-406 — Innocent seller; product presumptions; comparative fault in product liability actions.
- C.R.S. §§ 13-17-201, 13-17-202 — Attorney fees on Rule 12(b) dismissal of tort actions; costs after a rejected settlement offer.
- C.R.S. § 13-25-127(2) — Beyond-reasonable-doubt standard for appropriateness of punitive damages.
- C.R.S. § 8-41-401 — Statutory employer.
- C.R.S. § 8-41-203 — Third-party claims; insurer subrogation and lien.
- C.R.S. §§ 8-41-102, 8-41-104 — Workers' compensation exclusive remedy.
- 29 C.F.R. § 1910.1001 and 29 C.F.R. § 1926.1101 — Federal OSHA asbestos standards (general industry and construction).
- 42 U.S.C. §§ 7385, 7385s, 7385s-11, 7385s-12 — EEOICPA: offset for tort recoveries, including trust settlements; Part E contractor-employee compensation; state comp coordination; $250,000 cap.
- 5 U.S.C. §§ 8116, 8132 — FECA exclusivity and election; repayment from third-party recoveries.
Cases
- Canape v. Petersen, 897 P.2d 762 (Colo. 1995) — An OSHA violation cannot be the basis of a negligence per se instruction.
- Finlay v. Storage Technology Corp., 764 P.2d 62 (Colo. 1988) — Statutory employer "regular business" test.
- General Electric Co. v. Niemet, 866 P.2d 1361 (Colo. 1994) — Noneconomic cap applied to each defendant's share after apportionment.
- Lanahan v. Chi Psi Fraternity, 175 P.3d 97 (Colo. 2008) — Wrongful-death noneconomic cap applies per claim.
- Lee v. Colorado Dept. of Health, 718 P.2d 221 (Colo. 1986) — No child's consortium claim for a parent's nonfatal injury; spouse's consortium claim derivative.
- Miller v. Armstrong World Industries, Inc., 817 P.2d 111 (Colo. 1991) — An earlier asbestos disease doesn't start the period for a separate, later disease.
- Scott v. Matlack, Inc., 39 P.3d 1160 (Colo. 2002) — OSHA regulations admissible as evidence of the standard of care.
- Town of Alma v. AZCO Constr., Inc., 10 P.3d 1256 (Colo. 2000) — Economic loss rule with physical-injury tort exception.
- Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) — Statutory premises liability preempts common-law duty creation.
- Volunteers of America Colorado Branch v. Gardenswartz, 242 P.3d 1080 (Colo. 2010) — Full amount of medical expenses incurred recoverable where the plaintiff's purchased insurance paid.
- Wal-Mart Stores, Inc. v. Crossgrove, 276 P.3d 562 (Colo. 2012) — Amounts paid by insurance excluded at trial.
Last reviewed: October 2026. The Law Offices of Justinian C. Lane, Esq. — PLLC | Round Rock, TX · Mesa, AZ · Redmond, WA. We partner with firms in every relevant jurisdiction so claims can be handled in the appropriate court or claims system.
This page is provided for general informational purposes and does not constitute legal advice. Every asbestos case turns on its own facts, exposure history, diagnosis, deadlines, available evidence, and applicable law. Reviewing this page does not create an attorney-client relationship. For advice about your specific situation, call 833-4-ASBESTOS for a free case review.