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

From the steel mills of Atlanta to the paper mills of Savannah, the Peach State's industrial heritage was built with deadly asbestos materials that continue claiming lives today. Our comprehensive database documents 2,151 asbestos exposure sites across 288 Georgia communities—from Atlanta's massive Atlantic Steel Company and General Motors plants to Savannah's Union Camp paper mills and Brunswick's shipyards that powered Georgia's economic growth for generations.

Georgia provides meaningful legal protections for mesothelioma families. The state applies a discovery rule for personal injury claims, has no caps on economic or noneconomic damages, and maintains a strong collateral source rule—meaning insurance payments won't reduce your award. Georgia's courts understand the unique challenges of proving industrial exposure and consistently protect workers' rights.

Time is critical. Georgia's two-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Georgia's industrial history and its legal framework.

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.

— Firm Founder, Justinian Lane

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.

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

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.

Why Choose Our Firm to Handle Your Family's Georgia Mesothelioma Case?

Our proprietary database contains detailed records of 2,151 asbestos exposure sites across 288 Georgia communities—from Atlanta's 448 documented sites including Atlantic Steel Company and General Motors to Savannah's 258 sites spanning paper mills and shipyards. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Georgia family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Georgia Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Georgia family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Georgia database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Atlanta's Atlantic Steel Company to the paper mills throughout Georgia.

For example, if you worked at Atlantic Steel Company in Atlanta or any of Georgia's major steel manufacturing facilities, we can use our database to prove your exposure to products made by NARCO. We can file your NARCO Asbestos Trust claim immediately, potentially recovering $75,000 to $1,243,314 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Georgia's experienced court system. Our database strengthens your case with documented evidence and court precedents from Georgia worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Atlantic Steel Company and Union Camp Corporation.

Our database contains detailed records from Georgia's unique industrial sites, including testimony about which defendants' products were used in high-heat steel production and paper manufacturing. This gives us crucial evidence about product failures and safety violations specific to Georgia's industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized records help with complex industrial exposure cases. Georgia's concentration of major manufacturing employers means many residents have strong documentation for disability claims through their employment at well-documented exposure sites.

Our industrial records are especially valuable for workers exposed at Georgia's major steel, paper, and textile facilities, helping prove the extent and duration of exposure that gets disability claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Georgia Mesothelioma Case?

Whether you were exposed to asbestos at Atlantic Steel Company, Georgia's power plants, or any of Georgia's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Georgia:

• Two-year filing deadline from diagnosis under Georgia's discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on economic or noneconomic damages in Georgia

• Evidence preservation becomes more difficult as time passes, especially for older steel mill and paper mill records

What We'll Do for Your Georgia Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of Georgia exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Georgia's strong collateral source rule to maximize recovery without insurance payment reductions

Get started today. Our Georgia mesothelioma team understands the unique challenges of proving exposure in steel manufacturing and paper mill environments and is ready to put that expertise to work for your family.

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