Fighting for What is Right
"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." — Vandiver Brown, Johns-Manville corporate attorney in 1943.
That cold, calculated, and documented exchange captures exactly why the asbestos industry concealed the truth for decades. Companies knew asbestos was killing workers. They had the studies. They had the death certificates. And they made a business decision: it was cheaper to let people die than to warn them.
It took one man to crack their armor.
Clarence Borel was a pipefitter from Texas who spent 33 years installing asbestos insulation in Gulf Coast refineries. When he developed mesothelioma, he sued the manufacturers who had hidden the dangers of their products, including Johns-Manville. 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. But asbestos has also been connected to throat cancer, stomach cancer, colon cancer, and ovarian cancer, 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 20, 30, or even 50 years 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.
"I know what it's like to learn that too late. My father and both maternal grandparents died from 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. | See the deadlines in your state.
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 because she continued her husband Clarence's fight.
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 accepting them typically bars you from suing your employer directly. 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—something most workers can't do. FELA provides a "featherweight" burden of proof and access to full damages, including pain and suffering. It's a powerful tool for railroad employees diagnosed with asbestos-related disease.
Maritime Worker Claims (Jones Act). Seamen and maritime workers can sue vessel owners under the Jones Act for failing to provide safe working conditions. Like FELA, the Jones Act offers a lower burden of proof and full compensation without state-imposed caps. It also includes maintenance and cure benefits which provide support for medical treatment and living expenses regardless of fault.
Learn more about Jones Act claims.
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.
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. It's not about filing one lawsuit and hoping for the best. It's 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 how we build cases other firms can't.
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.
Take the First Step
Statutes of limitations are running. Every state has its own deadlines, and once they pass, your right to file may be gone, no matter how strong your case. If you or someone you love has been diagnosed with mesothelioma, lung cancer, asbestosis, or another asbestos-related disease, the time to act is now.
When you contact us for a free consultation, we'll review your exposure history, identify every company that may be liable, and explain which claims apply to your situation. If you decide to move forward, we handle everything so you can focus on your health and your family.
The consultation is free. There's no obligation. You pay nothing unless we recover compensation for you.
Call 833-4-ASBESTOS (833-427-2378) or schedule your free consultation online.