Asbestos Lawsuits

In the fall of 1942 or the spring of 1943, the management of an asbestos company called Unarco had discovered that their workers were developing the breathing disease known as asbestosis. So they arranged a meeting with the largest asbestos company in the U.S., Johns-Manville. The meeting took place shortly before noon. The president of Johns-Manville was there. So was the company's general counsel, Vandiver Brown. One of the Unarco men asked the obvious question: Was Johns-Manville finding the same disease in their own workforce? And if so, what were they doing to protect their workers?

Vandiver Brown confirmed that Johns-Manville's own examinations had produced identical findings. A 1932 study of worker x-rays in one Johns-Manville plant had found asbestosis in one out of three workers. Brown then explained that it was Johns-Manville's institutional policy not to do anything about it. Not even to tell the workers they were developing the disease. Telling workers about their diagnosis, Brown said, would be foolish — the workers would stop working and would probably file claims against the company.

One of the Unarco men recalled what happened next: "I said, 'Mr. Brown, do you mean to tell me you would let them work until they dropped dead?' He said, 'Yes. We save a lot of money that way.'

The meeting adjourned, and the Unarco delegation was invited to lunch in Johns-Manville's boardroom. Forty years after that lunch occurred, one of the Unarco men said he still remembered the lunch menu vividly. It was, he testified under oath, the only time in his entire life he had ever eaten lobster for lunch.

It wasn't until 1973 when Johns-Manville was finally held accountable for its decision to hide the risks of asbestos. They were held accountable by a man named Clarence Borel. He was an insulator from Texas who spent 33 years installing asbestos insulation in Gulf Coast refineries and chemical plants. After he was diagnosed with asbestosis in 1969, he sued the manufacturers who had hidden the dangers of their products, including Johns-Manville. Months later, he was diagnosed with mesothelioma. He died before the verdict, but his wife Thelma continued the fight. In 1973, the Fifth Circuit ruled in the Borels' favor, and that was the first successful asbestos product liability case in American history.

That ruling opened the door for every asbestos lawsuit that followed.

Read how one man's fight changed the law.

Who Can File an Asbestos Lawsuit?

If you or a loved one has been diagnosed with an asbestos-related disease, you may have the right to hold companies accountable in court. Here's who is typically eligible to file:

Individuals with an Asbestos-Related Diagnosis. The most common diseases linked to asbestos exposure include mesothelioma, lung cancer, asbestosis, and pleural thickening. Asbestos has also been linked to cancers of the throat and digestive tract, including laryngeal, pharyngeal, and esophageal cancer, and many asbestos trusts pay claims for those cancers. The scientific link isn't as strong as it is for lung cancer, but people with those cancers are still often eligible to sue. Asbestos has also been linked to stomach, colon, and ovarian cancer, the last particularly in women who used talcum powder products contaminated with asbestos fibers.

You don't need a hardhat history to have a claim because asbestos wasn't just in factories and shipyards. It was in schools, homes, office buildings, and everyday consumer products. If you've been diagnosed, there may be a path to compensation.

Learn more about diseases caused by asbestos exposure.

Family Members of Individuals with an Asbestos-Related Diagnosis. Asbestos lawsuits aren't limited to workers who were directly exposed. If a spouse or parent died from an asbestos-related illness, surviving family members can file a wrongful death lawsuit to recover compensation for funeral costs, lost income, and the devastating loss of someone they loved.

Learn about wrongful death claims.

Spouses can also file loss of consortium claims for the toll the illness takes on a marriage, such as the lost companionship, affection, and shared life.

And if you developed an asbestos-related disease from secondary exposure—hugging a parent in dusty work clothes, washing contaminated laundry, or simply living in a home where asbestos fibers settled—you may have your own claim against the companies whose products entered your home.

Learn about secondary exposure claims.

How Long Do I Have to File?

Every state sets deadlines called statutes of limitations for filing asbestos lawsuits. Most fall between two and three years, though some states allow up to six years and others give you as little as twelve months.

For living plaintiffs, the clock typically starts on the date of diagnosis. For wrongful death claims, it usually starts on the date of death. But because asbestos diseases can take decades to develop, many states apply what's called the discovery rule: the deadline doesn't begin until you knew (or reasonably should have known) that your illness was connected to asbestos exposure.

That might be the date of a formal diagnosis, the moment symptoms became impossible to ignore, or the first time a doctor connected your illness to your work history. It varies by state, by disease, and sometimes by defendant. Asbestos trust claims have deadlines too. Each trust sets its own rules, and missing a filing window can cost you tens or even hundreds of thousands of dollars in compensation.

Some families miss out on compensation because they let too much time pass. See the deadlines in your state.

"I know what it's like to learn that too late. I lost my father and two grandparents to asbestos-related cancers. By the time I became an attorney and understood what legal options should have been available, the statute of limitations had run. I never got justice for my own family. That's why I fight so hard for my clients—because I know what it's like to get answers too late." - Justinian Lane Read my story.

Types of Asbestos Lawsuits

The type of lawsuit you file depends on where and how you were exposed, and who was responsible for exposing you to asbestos. Most asbestos victims have claims against multiple parties, each requiring a different legal approach.

Product Liability Lawsuits. These target the manufacturers who made asbestos-containing products like insulation, gaskets, brake pads, floor tiles, cement, and thousands of other materials. The legal theory is straightforward: these companies knew their products were dangerous and sold them anyway, without warning the workers who handled them. Product liability is the most common type of asbestos lawsuit and the foundation Clarence Borel's case established.

Learn more about product liability claims.

Premises Liability Lawsuits. These target the property owners who controlled the worksites where exposure occurred, like refineries, chemical plants, shipyards, power plants, and factories. If they knew asbestos was present and failed to warn or protect the workers who came through their gates, they can be held liable. This is especially important for contractors who worked at a facility but weren't employed by the property owner.

Learn more about premises liability claims.

Wrongful Death Lawsuits. When someone dies from an asbestos-related disease, surviving family members can file a wrongful death claim. These lawsuits seek compensation for funeral expenses, lost income, and the profound loss of a spouse, parent, or child. The first successful asbestos wrongful death case was Thelma Borel's: Clarence died before trial, so when she continued his fight, the first successful asbestos lawsuit in America became a wrongful death case.

Learn more about wrongful death claims.

Workers' Compensation Claims. Workers' comp provides medical coverage and wage replacement without requiring proof of employer fault. The tradeoff: benefits are limited, and in most states workers' comp is your only remedy against your own employer, whether or not you ever file for benefits. But it doesn't prevent claims against manufacturers, property owners, or bankruptcy trusts—which is why most workers pursue workers' comp alongside other claims.

Learn more about workers' compensation.

Railroad Worker Claims (FELA). The Federal Employers' Liability Act allows railroad workers to sue their direct employers for asbestos exposure which is something most workers can't do. FELA provides a "featherweight" burden of proof and damages that include pain and suffering, though not punitive damages. It's a powerful tool for railroad employees diagnosed with asbestos-related disease.

Learn more about FELA claims.

Maritime Worker Claims (Jones Act). Seamen can sue their employers under the Jones Act for failing to provide safe working conditions, and vessel owners under maritime law when a ship was unseaworthy. Like FELA, the Jones Act offers a lower burden of proof and damages for pain and suffering, though not punitive damages. Maritime law also provides maintenance and cure benefits, which support medical treatment and living expenses regardless of fault.

Learn more about Jones Act claims.

Want the full picture of how a lawsuit is built, from proving each element to how verdicts are divided among defendants? Read our complete guide to mesothelioma lawsuits.

Claims Work Together

Most asbestos victims don't file just one claim, but instead file several, each targeting a different responsible party.

A worker diagnosed with mesothelioma might file a workers' compensation claim against their employer's insurer, a premises liability lawsuit against the property owner where they were exposed, product liability claims against the manufacturers of the asbestos products they handled, and trust claims against companies that have since established trust funds. Surviving family members can bring wrongful death claims. Railroad and maritime workers have FELA or Jones Act claims on top of everything else. And many families also qualify for VA or Social Security disability benefits while the legal claims are underway.

Learn about disability benefits.

These claims don't compete with each other, they stack. Coordinating them properly is how families maximize their total recovery and ensure no responsible party escapes accountability. We've recovered over $400 million for asbestos victims and their families by building comprehensive strategies that pursue every available claim simultaneously. We've had that success because we're serious about identifying every responsible party and every source of compensation, then coordinating the timing and approach to maximize what your family receives.

Learn more about why families choose us.

On our Clarence Borel page, we walk through exactly what would happen if someone with his exposure history contacted us today. It explains how workers' comp, premises liability, product liability, and trust claims all fit together in a single coordinated strategy.

See how it all fits together.

Asbestos Lawsuits FAQ

Do I have to remember the exact products or brands I worked with?

No, and most people can't. We reconstruct your exposure from work and union records, coworker recollections, shipping and purchase records, and our own document archives. Start with where you worked and what you did, and we trace the products back to the companies that made them.

Will I have to go to court or be deposed?

If you file a lawsuit, you should expect to be deposed. A deposition is sworn testimony, taken before trial, in which the defense lawyers ask about your work history and your illness. It's almost always part of an asbestos lawsuit. Today depositions can often be taken by video, and when they're in person they're usually held near your home, not in a courtroom. We prepare you beforehand so you know what to expect, and we arrange the schedule around your health, with breaks or shorter sessions when you need them. Most lawsuits settle without a trial, so a deposition is often the only testimony you'll give.

If a deposition sounds like too much, trust claims are a paper process with no courtroom and no deposition. Learn about trust claims.

What does it cost to hire you?

Nothing up front. We work on a contingency fee, meaning our fee comes only out of what we recover for you, and the case review is free. If there's no recovery, you owe us nothing.

Can I still file if I was a smoker?

Yes. Smoking doesn't cause mesothelioma at all. For lung cancer, smoking and asbestos multiply each other's effect, and a smoking history doesn't erase the harm asbestos caused. In some states, a jury can reduce lung cancer damages to account for smoking. Your history is something we work with, not a disqualifier.

The company that exposed me is out of business. Is my case over?

Not necessarily. Many bankrupt asbestos makers set up trusts that still pay claims today, and a single work history usually points to other responsible parties too, like the makers still in business and the plant or yard owners who controlled the site. A closed company rarely closes the case.

Can a spouse or adult child start this for someone who's sick or has passed?

Yes. Most of our first calls come from a wife or an adult child. You don't need a power of attorney to ask questions and learn what the family's options are.