Connecticut Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options
In the heart of New England, Connecticut's rich industrial history has unfortunately left many residents grappling with the devastating effects of asbestos exposure. With a past steeped in manufacturing, the state has seen its share of asbestos-related diseases, including mesothelioma. This guide breaks down how asbestos lawsuits work in Connecticut, providing you with clear, concise information about your legal rights.
This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn’t realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.
If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.
— Firm Founder, Justinian Lane
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Connecticut Asbestos Law Summary
Legal Topic | Connecticut Law | What This Means for Your Family |
|---|---|---|
Deadlines and Accrual Rules | ||
Filing Deadline – Personal Injury | 3 years from discovery (Conn. Gen. Stat. § 52-577a) | You must file within 3 years of discovering the illness. For asbestos product claims, you also have up to 80 years from the last sale by the defendant. |
Filing Deadline – Wrongful Death | 2 years from death; no later than 5 years from exposure (Conn. Gen. Stat. § 52-555) | The estate must file a wrongful death claim within 2 years of death and no more than 5 years after the defendant’s wrongful act. |
Minor Tolling | No tolling for minors unless fraud or concealment applies (Conn. Gen. Stat. § 52-577) | Minors do not automatically get extra time to file, unless there is evidence of fraud or a continuing course of conduct. |
Statute of Repose | 80-year window for asbestos products (Conn. Gen. Stat. § 52-577a(e)) | Asbestos claims may be filed decades after exposure, provided the suit is filed within 3 years of diagnosis and the defendant possessed the product within 80 years. |
Standards of Proof and Causation | ||
Causation Standard | Substantial factor test (Mahoney v. Beatman, 110 Conn. 184) | You must prove that asbestos exposure significantly contributed to the development of the disease. |
Expert Testimony | Porter/Kelly standard applies (State v. Porter, 241 Conn. 57) | Experts must rely on scientific principles generally accepted in their field. Judges act as gatekeepers but use a more flexible standard than Daubert. |
Punitive Damages Standard | Clear and convincing evidence of reckless disregard (Conn. Gen. Stat. § 52-240b) | Punitive damages may be awarded if the defendant acted with reckless indifference, up to twice the amount of compensatory damages. |
Damage Rules | ||
Economic Damage Caps | No cap | You may recover the full amount of medical bills, lost wages, and other financial losses. |
Noneconomic Damage Caps | No cap | Pain and suffering and loss of enjoyment damages are not limited in Connecticut asbestos cases. |
Punitive Damage Caps | Typically limited to 2x compensatory (Conn. Gen. Stat. § 52-240b) | Punitive damages in product liability asbestos cases may not exceed double the compensatory award. |
Liability and Fault Rules | ||
Comparative Fault | Modified 50% bar rule (Conn. Gen. Stat. § 52-572h) | You may recover damages only if you are 50% or less at fault. If found more than 50% responsible, you cannot recover anything. |
Joint and Several Liability | Joint liability for economic damages only (Conn. Gen. Stat. § 52-572h(g)) | You can recover full medical costs from any one defendant. Pain and suffering damages are split by fault, and reallocation rules apply if a defendant can’t pay. |
Other Considerations | ||
Collateral Source Rule | Modified rule; verdict reduced by paid amounts (Conn. Gen. Stat. § 52-225a) | Your award may be reduced by amounts paid by insurance or government benefits, but you receive credit for what it cost you to obtain those benefits. |
Wrongful Death Recovery | Executor or administrator may sue (Conn. Gen. Stat. § 52-555) | The estate may recover damages for lost income, companionship, and medical and funeral expenses. |
Loss of Consortium | Available to spouses; possibly minor children | Spouses may seek damages for loss of companionship. In some cases, minor children may sue for loss of parental consortium. |
Connecticut Asbestos Law Details
Connecticut provides a strong legal foundation for asbestos and mesothelioma victims to bring claims. The state recognizes the long latency period of asbestos-related diseases and offers extended deadlines in certain asbestos product cases. While Connecticut caps certain categories of damages and modifies joint liability, it generally allows for full recovery of economic losses and recognizes claims for loss of consortium.
Statutes of Limitation and Repose
Most asbestos personal injury claims must be filed within three years of the date the injury is discovered or should have been discovered (Conn. Gen. Stat. § 52-577a). However, Connecticut provides a unique statute for asbestos-related product liability claims: plaintiffs must still meet the three-year-from-injury deadline, but the state allows an 80-year window from the defendant’s last possession of the product (Conn. Gen. Stat. § 52-577a(e)).
Wrongful death claims must be brought within two years of death, and no later than five years from the date of the underlying act or omission (Conn. Gen. Stat. § 52-555). Statutes are not tolled for death or minority, but may be tolled in rare cases involving fraudulent concealment or a continuing course of conduct (Conn. Gen. Stat. §§ 52-595, 52-577).
Eligibility to Sue
Individuals diagnosed with mesothelioma or other asbestos-related diseases may bring personal injury claims. In the event of death, a wrongful death claim must be brought by the executor or administrator of the estate (Conn. Gen. Stat. § 52-555). Spouses may also bring loss of consortium claims, and in some cases, minor children may sue for loss of parental consortium.
Workers’ Compensation Limitations
Connecticut’s Workers’ Compensation Act provides the exclusive remedy against an employer for workplace asbestos exposure (Conn. Gen. Stat. § 31-284). However:
Lawsuits may be brought against third parties (e.g., manufacturers, premises owners).
An employer may lose protection if an intentional tort is proven, including via “substantial certainty” doctrine (Suarez v. Dickmont Plastics Corp., 242 Conn. 255 (1997)).
Employers and insurers have a lien on third-party recoveries, and proper notice is required to preserve rights (Conn. Gen. Stat. § 31-293).
Damages and Caps
Connecticut does not cap economic or noneconomic damages in personal injury or wrongful death cases. However:
Punitive damages are typically limited to attorney’s fees and litigation costs, unless provided by statute (Larsen Chelsey Realty Co. v. Larsen, 232 Conn. 480 (1995)).
In asbestos product liability cases, punitive damages may be awarded up to twice compensatory damages if the defendant acted with reckless disregard (Conn. Gen. Stat. § 52-240b).
Comparative Fault and Joint Liability
Connecticut uses a modified comparative fault system: plaintiffs may recover if they are not more than 50% at fault, and their damages are reduced by their percentage of negligence (Conn. Gen. Stat. § 52-572h(b), (o)).
Connecticut retains joint and several liability for economic damages. For noneconomic damages, the court apportions fault and applies a reallocation formula if a defendant cannot pay (Conn. Gen. Stat. § 52-572h(g), (h)).
Collateral Source Rule
Tort reform modified Connecticut’s collateral source rule. Today, verdicts are reduced by amounts paid by health insurers and other sources—but plaintiffs get credit for the cost of securing those benefits (Conn. Gen. Stat. § 52-225a). Courts reduce awards by amounts paid, not amounts billed, per statute and case law.
Standards of Proof and Causation
Connecticut requires plaintiffs to prove that asbestos exposure was a substantial factor in causing their illness (Mahoney v. Beatman, 110 Conn. 184 (1929)). The jury is instructed to consider all contributing causes, even when multiple defendants or exposures are involved (Barry v. Quality Steel Prods., 263 Conn. 424 (2003)).
Expert testimony is generally required to establish medical causation in mesothelioma cases. Connecticut follows the Porter/Kelly standard (not Daubert), which allows expert testimony if it is based on scientific knowledge that is reasonably reliable and generally accepted in the expert’s field (State v. Porter, 241 Conn. 57 (1997)). Judges act as gatekeepers but apply a more flexible standard than in federal court.
The burden of proof in civil asbestos cases is a preponderance of the evidence, but clear and convincing evidence is required for punitive damages or fraud (Alaimo v. Boyer, 188 Conn. 36 (1982)).
How Connecticut’s Laws Work in Practice
Meet Evelyn, a 73-year-old retired lab technician from New Haven. From 1975 to 1992, she worked in a medical research facility where she frequently handled asbestos-insulated lab ovens, fume hoods, and pipe coverings. In April 2024, she was diagnosed with peritoneal mesothelioma after months of worsening abdominal symptoms.
Under Connecticut’s asbestos-specific product liability law (Conn. Gen. Stat. § 52-577a(e)), Evelyn’s personal injury lawsuit is timely—even though her exposure ended more than 30 years ago. The statute provides an 80-year window from when the defendant last possessed the product, as long as the case is filed within three years of discovering the illness. Since Evelyn was diagnosed in April 2024, she has until April 2027 to file.
Because Evelyn never worked directly for the product manufacturer or installer, her claim is not barred by workers’ compensation. She can sue third parties responsible for the asbestos-containing equipment. If she had been exposed at her job, the Workers’ Compensation Act would likely have barred her claim—unless she could prove an intentional tort under Connecticut’s “substantial certainty” doctrine (Suarez v. Dickmont Plastics, 242 Conn. 255 (1997)).
Connecticut uses modified comparative fault, so Evelyn can recover as long as she is 50% or less at fault. If a jury determines that she should have used more protective measures, her award could be reduced—but not eliminated unless she’s found more at fault than the defendants.
If her lawyers prove that the company acted with reckless disregard for her safety, Evelyn may also be entitled to punitive damages—potentially up to twice her compensatory award under Conn. Gen. Stat. § 52-240b.
However, because of Connecticut’s collateral source rule reform, any compensation she’s already received from health insurance or Medicare may be deducted from her trial award (Conn. Gen. Stat. § 52-225a), unless she can show she paid for those benefits herself.
This is a hypothetical example based on real Connecticut law. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Connecticut’s legal system may apply to your situation.
Legal Options for Families in Connecticut Affected by Asbestos
Most asbestos victims—and their families—qualify for multiple types of legal relief. Depending on how and where the exposure occurred, we may be able to pursue:
Many companies have established bankruptcy trusts as a means to compensate individuals who have been harmed by asbestos exposure. These trusts can cover expenses such as medical costs and lost wages, without the need for a lawsuit. Our law firm is here to help you assess your eligibility and guide you through the process of filing a claim.
If you're a Connecticut resident who has been exposed to asbestos and have subsequently fallen ill, you have the right to sue the manufacturers of asbestos-containing products, such as automotive or industrial parts. These lawsuits can provide compensation for your pain and suffering, medical bills, and lost income.
Connecticut residents suffering from asbestos-related illnesses may be eligible for Social Security disability benefits. Additionally, veterans who were exposed to asbestos during their service may qualify for VA disability benefits. These claims can offer much-needed financial support during a difficult time.
Learn more about the legal options available to your family
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