Georgia Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

In the heart of Georgia, a legacy of industrial growth has left a hidden enemy - asbestos. For many Peach State residents, exposure to this hazardous material has led to devastating diagnoses like mesothelioma. This guide breaks down how asbestos lawsuits work in Georgia, providing clear answers about who can file and when.

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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Georgia Asbestos Law Summary

Georgia Asbestos Law Details

Georgia law provides a mix of claimant protections and corporate-friendly limits when it comes to asbestos and mesothelioma lawsuits. While personal injury claims benefit from a discovery rule and expert standards follow Daubert, wrongful death claims are more strictly limited, and joint liability is largely abolished. Understanding how Georgia allocates fault, handles punitive damages, and treats employer immunity is critical for families affected by asbestos disease.

Statutes of Limitation and Repose

• Personal Injury: Must be filed within 2 years from the date the plaintiff discovers—or reasonably should have discovered—that their illness was caused by asbestos exposure (O.C.G.A. § 9-3-33).

• Wrongful Death: Also subject to a 2-year deadline, but no discovery rule applies—meaning the clock starts at death, even if the asbestos connection isn’t known immediately (Miles v. Ashland Chem. Co., 261 Ga. 726 (1991)).

• Statute of Repose: Georgia imposes a 10-year statute of repose for product liability claims (O.C.G.A. § 51-1-11(b)), and an 8-year repose for construction-related claims (O.C.G.A. § 9-3-51), both of which may limit claims regardless of diagnosis date.

Eligibility to Sue

Those diagnosed with mesothelioma, asbestosis, or other asbestos-related diseases may file suit under personal injury law. After death, a wrongful death claim may be brought only by specific statutory beneficiaries (such as spouses, children, or parents), under Georgia’s Wrongful Death Act (O.C.G.A. § 51-4-1 et seq.). Separate survivor claims can also be brought by the estate for medical bills, pain and suffering before death, and punitive damages.

Workers’ Compensation Limits

Georgia’s Workers’ Compensation Act (O.C.G.A. § 34-9-11) bars most lawsuits against employers. However:

• You can sue third parties, including asbestos manufacturers and premises owners (O.C.G.A. § 34-9-11.1).

• If workers’ comp benefits were paid, the employer may assert a subrogation lien against your recovery, but only if you're found to be fully and completely compensated (City of Warner Robins v. Baker, 255 Ga. App. 601 (2002)).

Damages and Caps

Georgia does not cap economic or noneconomic damages in personal injury or wrongful death cases. Plaintiffs may recover the full value of:

• Economic damages such as medical bills, lost wages, and other out-of-pocket costs

• Noneconomic damages including pain and suffering, emotional distress, and loss of companionship (subject to proof)

However, punitive damages—intended to punish particularly egregious behavior—are subject to specific rules and limitations:

• Availability: Punitive damages are allowed if the plaintiff proves willful misconduct, malice, fraud, wantonness, or conscious indifference to consequences, using clear and convincing evidence (O.C.G.A. § 51-12-5.1).

• Caps on Non-Product Cases: In non-product liability cases, punitive damages are capped at $250,000, unless:

  • The defendant acted with specific intent to cause harm, or

  • The defendant was under the influence of alcohol or drugs

• Product Liability Exception: In product liability cases, there is no cap on punitive damages. However, Georgia allows only one punitive damages award per product design, regardless of how many individuals are injured—meaning future claimants cannot seek additional punitive awards once one is awarded against a defendant for that design.

Comparative Fault and Joint Liability

Georgia uses a modified comparative negligence rule: plaintiffs can recover only if they are less than 50% at fault, and damages are reduced by the plaintiff’s share (O.C.G.A. § 51-12-33).

Georgia has abolished joint and several liability. Each defendant pays only their percentage of fault. Even non-parties (e.g., bankrupt companies or settled defendants) can be considered in apportionment.

Collateral Source Rule

Georgia follows a strong collateral source rule: defendants cannot reduce awards by showing that insurance, Medicare, or Medicaid covered part of a plaintiff’s expenses (Candler Hosp., Inc. v. Dent, 228 Ga. App. 421 (1997); Olario v. Marrero, 248 Ga. App. 824 (2001)).

Standards of Proof and Causation

To succeed in an asbestos lawsuit in Georgia, plaintiffs must prove both actual cause and legal (proximate) cause of their illness using traditional tort principles:

• Actual cause (also called “but-for” causation): The plaintiff must show that their asbestos-related illness would not have occurred but for the exposure to asbestos.

• Proximate cause: The exposure must also be a foreseeable and legally significant cause of the injury—not too remote or speculative.

Georgia courts have explicitly rejected the “substantial factor” test used in some other jurisdictions. In John Crane, Inc. v. Jones, 278 Ga. 747 (2004), and Scapa Dryer Fabrics, Inc. v. Knight, 299 Ga. 286 (2016), the Georgia Supreme Court reaffirmed that causation in asbestos cases must be established through evidence of meaningful exposure that had the capacity to cause the disease.

To meet this burden, plaintiffs must typically present expert testimony showing:

• A history of exposure involving frequency, regularity, and proximity to asbestos-containing products (often referred to as the Lohrmann test), and

• A scientific connection between that exposure and the diagnosis (e.g., mesothelioma)

Georgia applies the Daubert standard for expert admissibility (O.C.G.A. § 24-7-702), requiring that testimony be grounded in reliable scientific methodology, relevant to the facts, and properly applied

Asbestos-Specific Laws

Georgia enacted an Asbestos/Silica Claims Reform Act in 2005 (O.C.G.A. § 51-14-1 et seq.), which requires:

• Separate filings for each plaintiff (no class actions)

• Prima facie evidence of physical impairment before proceeding

• In-state exposure or residency to file in Georgia courts

Retroactive application of these rules was held unconstitutional, but they remain in force for new cases.

How Georgia’s Laws Work in Practice

Meet Vernon, a 72-year-old retired power plant worker from Savannah. From the late 1970s through the early 1990s, he serviced turbines and insulation-wrapped piping in several Georgia power stations—often working in confined areas where asbestos dust was thick in the air. In May 2024, he was diagnosed with pleural mesothelioma.

Under Georgia law, Vernon has 2 years from the date he discovered his illness was caused by asbestos exposure to file a lawsuit (O.C.G.A. § 9-3-33). Since he was diagnosed and learned the cause in May 2024, his deadline to file is May 2026.

If Vernon had passed away before filing suit, his family would have just 2 years from the date of death to file a wrongful death claim—and importantly, Georgia does not apply the discovery rule to those cases. The clock starts at death, even if the asbestos link wasn’t clear at the time.

Because Vernon worked for a private contractor, he can’t sue his employer—but he can sue third parties such as the turbine manufacturers and insulation suppliers. If he received workers’ comp benefits, those payments won’t reduce his award unless he’s found to have been fully and completely compensated (City of Warner Robins v. Baker, 255 Ga. App. 601 (2002)).

To prove his case, Vernon’s attorneys will need to present expert testimony that satisfies Georgia’s Daubert standard, showing that asbestos exposure in the power plants was a foreseeable and direct cause of his illness—not just a background exposure. Georgia law rejects the “substantial factor” test, so the jury must find that Vernon would not have developed mesothelioma but for his exposures at those facilities.

If his legal team can also show that a company acted with conscious disregard for safety, Vernon may be entitled to punitive damages. In a product liability case, there is no dollar cap on those punitive awards—though only one such award may be recovered for a given product design (O.C.G.A. § 51-12-5.1(e)).

Georgia’s modified comparative fault rule means Vernon can recover as long as he is found less than 50% at fault. However, because joint and several liability has been abolished, each defendant will only pay its assigned share, and the jury may even assign blame to non-parties, like bankrupt manufacturers or earlier employers.

This is a hypothetical example based on real Georgia law. Every case is unique. If you or someone you love has been diagnosed with mesothelioma, call 833-4-ASBESTOS to find out how Georgia law may apply to your situation.

Legal Options for Families in Georgia 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:

Asbestos Trust Claims

Many companies have established bankruptcy trusts to provide compensation to individuals affected by asbestos. 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 determine your eligibility and guide you through the claim filing process.

Asbestos Lawsuits

If you're a Georgia resident who has fallen ill due to exposure to asbestos-containing products (like automotive or industrial parts), you have the right to sue the manufacturers. Such lawsuits can provide compensation for your pain, medical bills, and lost income. We're here to help you navigate this legal path.

Asbestos Disability Claims

Georgia 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 provide crucial financial support during challenging times.

Learn more about the legal options available to your family

Ready For Help?

Understanding the intricate legal landscape of asbestos trust claims, lawsuits, and compensation limits in Georgia can be daunting. However, rest assured that you don't have to decipher these complexities on your own. Our experienced team is here to guide you through every step of the process, ensuring you understand your rights and the potential for compensation.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS