Missouri Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options
From the industrial complexes of St. Louis to the manufacturing facilities of Kansas City, Missouri's position as America's crossroads has made it a center of industrial activity that left a devastating legacy of asbestos exposure throughout the Show-Me State. Our comprehensive database documents 2,057 asbestos exposure sites across 302 Missouri communities—from the A.P. Green Refractories Company Plant in Mexico where the company was founded, to the Anheuser-Busch Brewery in St. Louis, and from Kansas City's manufacturing facilities to the power plants that electrified Missouri. Missouri's industrial heritage includes countless worksites where employees encountered asbestos-containing materials.
Missouri offers a complex legal framework for mesothelioma families with both favorable and challenging elements. The state provides a five-year filing deadline from diagnosis—longer than most states—uses pure comparative fault that allows recovery even if you're mostly at fault, and has experience with industrial exposure cases. However, Missouri's legal landscape can be challenging to navigate due to venue restrictions and varying interpretations of asbestos law across different jurisdictions.
Time is on your side in Missouri. The state's five-year discovery rule means your family has until 2029 to file if diagnosed in 2024. This generous timeline provides crucial opportunity for thorough investigation and case development, recognizing that mesothelioma can take decades to develop and that victims deserve adequate time to pursue justice.
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.
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Missouri Asbestos Law Summary
Legal Topic | Missouri Law | What This Means for Your Family |
|---|---|---|
Deadlines and Accrual Rules | ||
Filing Deadline – Personal Injury | 5 years from discovery (Mo. Rev. Stat. § 516.120(4)) | You have 5 years from the date you knew or should have known your illness was caused by asbestos exposure. |
Filing Deadline – Wrongful Death | 3 years from death (Mo. Rev. Stat. § 537.100) | Wrongful death claims must be filed within 3 years of the date of death—no discovery rule applies. |
Minor Tolling | Permitted (Mo. Rev. Stat. § 516.170) | Statutes of limitation are paused while a person is under age 21 or legally incapacitated. |
Statute of Repose | Not applicable | No asbestos-specific statute of repose limits asbestos claims based solely on product age or exposure date. |
Standards of Proof and Causation | ||
Causation Standard | Substantial factor | You must show that each defendant’s product or conduct was a meaningful contributor to your illness. |
Expert Testimony | Daubert standard (Mo. Rev. Stat. § 490.065.2) | Experts must use reliable scientific methods. Judges serve as gatekeepers to ensure admissibility. |
Punitive Damages Standard | Clear and convincing evidence required (Mo. Rev. Stat. § 510.261) | Punitive damages require pretrial approval and proof of reckless or intentional conduct. Caps apply. |
Damages and Caps | ||
Economic Damages | No cap | You may recover full compensation for medical costs, lost earnings, and other financial harms. |
Noneconomic Damages | No cap (except in certain cases) | Pain and suffering damages are not capped in typical asbestos lawsuits. Some caps apply to government defendants. |
Punitive Damages | Capped at $500,000 or 5x compensatory (Mo. Rev. Stat. § 510.265) | Punitive awards are capped unless specific intent to harm is proven. Procedural hurdles apply. |
Liability and Fault Rules | ||
Comparative Fault | Pure comparative fault | You may recover even if mostly at fault. Damages are reduced in proportion to your share of fault. |
Joint and Several Liability | Applies only if defendant is ≥ 51% at fault (Mo. Rev. Stat. § 537.067) | Defendants below 51% fault are liable only for their share. This can limit recovery if others are immune or bankrupt. |
Other Considerations | ||
Collateral Source Rule | Modified (Mo. Rev. Stat. § 490.715) | Defendants may introduce evidence of the actual amount paid for medical care, not just amounts billed. |
Wrongful Death Recovery | Permitted (Mo. Rev. Stat. § 537.080–.100) | Heirs may recover for loss of companionship, funeral costs, and potentially punitive damages. |
Survival Actions | Permitted (Mo. Rev. Stat. § 537.020) | The estate may recover for pain and suffering, medical bills, and other losses incurred before death. |
Missouri Asbestos Law Details
Missouri allows mesothelioma patients and their families to pursue legal claims for asbestos exposure, but the legal environment includes both helpful rules and significant limitations. Missouri uses a five-year personal injury statute of limitations with a discovery-based accrual rule, applies a three-year wrongful death deadline, and limits joint liability to defendants found 51% or more at fault. Punitive damages are available under strict conditions but are procedurally difficult to obtain and subject to statutory caps. Expert testimony is governed by the Daubert standard, and recent reforms significantly shape how damages, fault, and claims against employers are handled.
Statutes of Limitations and Repose
Missouri applies a five-year statute of limitations for personal injury claims (Mo. Rev. Stat. § 516.120(4)), including asbestos-related diseases. The discovery rule applies: the statute accrues when the plaintiff knows or should have known of both the injury and its cause (Elmore v. Owens-Illinois, Inc., 673 S.W.2d 434 (Mo. 1984) (en banc)).
For wrongful death, Missouri applies a three-year statute of limitations (§ 537.100), running from the date of death. The discovery rule does not apply in wrongful death cases, even for latent conditions.
Missouri does not have an asbestos-specific statute of repose, and general statutes of repose for product liability claims were struck down in Doe v. Roman Catholic Diocese of Jefferson City, 862 S.W.2d 338 (Mo. 1993).
Eligibility to Sue
Anyone diagnosed with an asbestos-related disease such as mesothelioma or asbestosis may file a personal injury claim. If the person dies, the statutory beneficiaries (usually spouse, children, or parents) may file a wrongful death claim (§ 537.080), while the personal representative of the estate may bring a survival claim for harms suffered before death (§ 537.020).
Missouri also permits loss of consortium claims by spouses in both personal injury and wrongful death contexts (Smith v. Paslode Corp., 799 S.W.2d 581 (Mo. Ct. App. 1990)).
Workers’ Compensation Limitations
Missouri’s Workers’ Compensation Law provides the exclusive remedy for most injuries sustained in the course of employment (§ 287.120). Employees cannot sue their employers unless the employer engaged in intentional conduct meant to cause injury—a very narrow exception.
However, asbestos plaintiffs may still bring claims against third parties, including product manufacturers, property owners, and contractors. Missouri allows third-party contribution claims even if the employer is immune, depending on the facts.
Damages and Caps
Missouri permits recovery of both economic and noneconomic damages in asbestos lawsuits.
Economic damages: Fully recoverable and include medical costs, lost wages, and related financial losses.
Noneconomic damages: No cap in most personal injury or product liability cases. However, wrongful death damages may be subject to statutory restrictions depending on the facts (e.g., claims involving government entities).
Punitive damages: Available but restricted by § 510.261. Plaintiffs must seek court approval to plead punitive damages, and they must prove clear and convincing evidence of intentional misconduct or flagrant disregard for safety.
Punitive damages are capped under § 510.265 at $500,000 or five times compensatory damages, whichever is greater—unless the defendant acted with a specific intent to cause harm.
Comparative Fault and Joint Liability
Missouri uses a pure comparative fault system: plaintiffs may recover damages even if mostly at fault (Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983)). Their recovery is reduced in proportion to their share of fault.
Missouri limits joint and several liability under § 537.067:
A defendant is jointly and severally liable only if found 51% or more at fault.
If below 51%, each defendant pays only their percentage of fault.
This rule makes complete recovery more difficult when some parties are bankrupt or immune.
Collateral Source Rule
Missouri’s collateral source rule generally prevents defendants from reducing verdicts based on insurance or other third-party payments (Deck v. Teasley, 322 S.W.3d 536 (Mo. Ct. App. 2010)). However, recent reforms under § 490.715 allow the defense to present evidence of the actual amount paid for medical services, rather than the full amount billed.
This distinction may reduce verdicts in cases where large portions of medical bills were written off by insurers.
Standards of Proof and Causation
Missouri courts require proof that asbestos exposure was a substantial factor in causing the disease. Plaintiffs must show that the defendant’s product contributed meaningfully to the illness in a cumulative exposure context (Thacker v. UNR Industries, Inc., 603 N.E.2d 449 (Ill. 1992), adopted in part in Missouri asbestos litigation).
Missouri follows the Daubert standard for expert testimony. Under § 490.065.2 and State ex rel. Ford Motor Co. v. Messina, 71 S.W.3d 602 (Mo. 2002), expert opinions must be:
Based on sufficient facts or data,
The product of reliable principles and methods,
And reliably applied to the facts of the case.
Courts act as gatekeepers to ensure scientific rigor.
Wrongful Death and Survival
Missouri allows both wrongful death (§ 537.080–.100) and survival claims (§ 537.020):
Wrongful death claims may recover funeral costs, loss of companionship, and, in some cases, punitive damages.
Survival claims allow recovery for the decedent’s pain, suffering, and expenses incurred before death.
These claims are commonly filed together in asbestos litigation.
How Missouri Law Works in Practice
Meet Harold, a 68-year-old retired industrial electrician from St. Louis. From the mid-1970s through the early 2000s, Harold worked on wiring and maintenance projects at large manufacturing plants, regularly handling switchgear and conduit insulated with asbestos. In April 2024, after months of fatigue and chest tightness, Harold was diagnosed with pleural mesothelioma.
Because Missouri uses a discovery-based accrual rule, Harold’s five-year statute of limitations began in April 2024, when he first discovered that his disease was caused by asbestos exposure (Mo. Rev. Stat. § 516.120(4); Elmore v. Owens-Illinois, Inc.). That gives him until April 2029 to file a personal injury lawsuit.
If Harold were to pass away before filing, his spouse and children could bring a wrongful death claim, which must be filed within three years of his death (§ 537.100). However, unlike personal injury suits, the discovery rule does not apply to wrongful death cases—even for long-latency diseases like mesothelioma.
Because Harold was exposed to asbestos while working for a private company, he generally cannot sue his former employer due to Missouri’s workers’ compensation exclusivity rule (§ 287.120). However, he may file claims against product manufacturers, contractors, and property owners who failed to warn about or prevent asbestos hazards.
To win, Harold’s attorneys must show that exposure to asbestos-containing products from each defendant was a substantial factor in causing his mesothelioma. Expert testimony will be required, and Missouri follows the Daubert standard, so the court will carefully vet the scientific basis of those opinions (§ 490.065.2; Ford Motor Co. v. Messina).
Missouri uses pure comparative fault, so Harold can recover damages even if partially to blame—such as for not wearing a respirator. But if any defendant is found less than 51% at fault, they only owe their proportionate share of the verdict (§ 537.067). This limits Harold’s recovery if other responsible companies are bankrupt or missing.
If Harold prevails, he can recover full economic damages like lost wages and medical costs, and noneconomic damages such as pain and suffering—with no statutory cap in personal injury cases. If the court allows it, his lawyers can seek punitive damages by showing clear and convincing evidence of reckless or intentional misconduct (§ 510.261). Punitive awards are capped at the greater of $500,000 or five times compensatory damages (§ 510.265), unless intentional harm is proven.
Finally, under Missouri’s modified collateral source rule, defendants may introduce evidence of the amount actually paid for Harold’s medical treatment—not just the higher billed amount (§ 490.715). His attorneys must be strategic to preserve the full value of his economic claims.
This is a hypothetical example based on real Missouri law. Every case is different. If you or someone you love has been diagnosed with mesothelioma, call 833-4-ASBESTOS to find out how Missouri law may affect your rights.
Why Choose Our Firm to Handle Your Family's Missouri Mesothelioma Case?
Our proprietary database contains detailed records of 2,057 asbestos exposure sites across 302 Missouri communities—from St. Louis' industrial corridor to Kansas City's manufacturing facilities and the historic A.P. Green plant in Mexico where the company was founded. 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 Missouri family—because we've already done much of the detective work your case requires.
Learn more about our firm and our database
Missouri Database Highlights:
Major Missouri Exposure Sites | Trust Claims Available | Court Precedents |
|---|---|---|
St. Louis (462 documented sites) | 20+ major trusts | Brewery/power plant precedents |
Kansas City (399 sites) | Manufacturing trusts | Hallmark/industrial exposure |
Mexico (15 sites) | A.P. Green trust | Refractory plant liability |
Springfield (59 sites) | Industrial facility trusts | Manufacturing exposure wins |
If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your family today. Here's how:
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 Missouri database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from A.P. Green's founding facility in Mexico to industrial operations throughout Missouri.
For example, if you worked at facilities where A.P. Green products were used—including the company's founding plant in Mexico, Missouri, we can file your A.P. Green Asbestos Trust claim immediately, potentially recovering $135,000 to $450,000 for mesothelioma cases.
You can hold companies accountable through Missouri's court system. Our database strengthens your case with documented evidence and court precedents from Missouri worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like A.P. Green's Mexico plant and other Missouri industrial sites.
Our database contains detailed records from Missouri's industrial sites, including testimony about which defendants' products were used in brewing, manufacturing, power generation, and refractory production. This gives us crucial evidence about product failures and safety violations specific to Missouri's industrial environment.
Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our records help identify exposure sources that support disability claims. Missouri's diverse industrial history and Fort Leonard Wood mean many residents have multiple potential exposure sources.
Our records are especially valuable for workers in Missouri's manufacturing and military installations, helping prove exposure that gets disability claims approved faster.
Learn more about the legal options available to your family
Ready to Pursue Your Missouri Mesothelioma Case?
Whether you were exposed to asbestos at A.P. Green's founding facility in Mexico, St. Louis industrial sites, or any of Missouri's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights within Missouri's legal framework.
Why Missouri's Laws Can Favor Your Family:
Five-year filing deadline from diagnosis—longer than most states provide
Pure comparative fault allows recovery even with shared blame
No caps on damages mean full recovery for all losses
Established industrial exposure precedents from decades of Missouri manufacturing
What We'll Do for Your Missouri Family:
Comprehensive case evaluation leveraging Missouri's generous five-year filing window
Immediate trust claim filings using our proprietary database of Missouri exposure sites
Strategic lawsuit preparation designed around Missouri's venue requirements and case law
Expert navigation of Missouri's pure comparative fault system to maximize recovery
Get started today. Our Missouri mesothelioma team understands both the Show-Me State's rich industrial history—including the founding of major asbestos companies like A.P. Green—and Missouri's legal environment, and we're ready to put that expertise to work for your family.
Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS