New Jersey Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the massive shipyards of Camden and Kearny to Newark's industrial powerhouses and the refineries of Bayonne, New Jersey's role as America's manufacturing heartland created devastating asbestos exposure across the Garden State. Our comprehensive database documents 4,388 asbestos exposure sites across 671 New Jersey communities—from the Federal Shipbuilding yards that built warships to the chemical plants and refineries that powered the nation's industrial growth. New Jersey's economy was built on asbestos-containing materials.

New Jersey offers strong legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on noneconomic damages, and provides joint and several liability for major defendants—meaning you can collect full compensation from any defendant found 60% or more at fault. New Jersey's courts consistently recognize both workplace exposure and take-home exposure claims.

Time is critical. New Jersey'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 New Jersey's massive industrial legacy and its plaintiff-friendly legal environment.

Time is critical. Colorado'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 Colorado'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

New Jersey Asbestos Law Summary

New Jersey Asbestos Law Details

New Jersey law provides a strong legal foundation for mesothelioma and asbestos victims, offering generous discovery rules, full recovery of compensatory damages, and clear statutory guidance for wrongful death, survival, and take-home exposure claims. The state uses a comparative fault system, applies joint and several liability to major defendants, and permits punitive damages—though capped. With a robust set of consumer protection laws and evolving case law, New Jersey remains one of the more plaintiff-friendly jurisdictions in asbestos litigation, but strict procedural requirements, such as timely claim notice under the Tort Claims Act, still apply.

Statutes of Limitations and Repose

New Jersey applies a two-year statute of limitations to personal injury and wrongful death claims involving asbestos exposure (N.J.S.A. § 2A:14-2). However, New Jersey follows the discovery rule, meaning the time limit begins when the plaintiff discovers, or reasonably should have discovered, both the injury and its causal link to asbestos (Vispisiano v. Ashland Chem. Co., 527 A.2d 66 (N.J. 1987)).

There is no asbestos-specific statute of repose in New Jersey. A general ten-year construction statute of repose (N.J.S.A. § 2A:14-1.1) exists but has not been uniformly applied to asbestos exposure claims, especially in cases involving latent diseases.

Eligibility to Sue

Any individual diagnosed with mesothelioma, asbestosis, or other asbestos-related conditions may file a personal injury lawsuit. If the individual dies, the executor or administrator may file a wrongful death claim under N.J.S.A. § 2A:31-1 and a survival action under N.J.S.A. § 2A:15-3.

Wrongful death damages are awarded to the dependents and heirs, such as spouses and children, and may include:

• Loss of financial support,

• Funeral and burial expenses,

• Loss of household services.

Survival claims allow the estate to recover for:

• Medical expenses,

• Pain and suffering,

• Lost earnings prior to death.

Workers’ Compensation Limitations

New Jersey’s Workers’ Compensation Act (N.J.S.A. § 34:15-8) provides the exclusive remedy against an employer for work-related asbestos exposure. However, employees may file lawsuits against third parties, including product manufacturers and contractors.

In cases involving intentional wrongdoing by an employer, a narrow exception may apply (Laidlow v. Hariton Mach. Co., 790 A.2d 884 (N.J. 2002)), but most claims proceed only against third-party defendants.

Damages and Caps

Economic Damages: Fully recoverable for medical bills, lost wages, future care costs, and related expenses.

Noneconomic Damages: No statutory cap. Includes pain and suffering, emotional distress, and loss of enjoyment of life.

Loss of Consortium: Permitted under common law and treated as a separate claim from the injured party’s action.

Punitive Damages: Allowed but capped at five times compensatory damages or $350,000, whichever is greater (N.J.S.A. § 2A:15-5.14). Plaintiffs must prove by clear and convincing evidence that the defendant acted with actual malice or wanton and willful disregard (Baker v. National State Bank, 353 A.2d 608 (N.J. 1976)).

Punitive damages are not available in wrongful death actions, but may be recovered in survival claims.

Comparative Fault and Liability Rules

New Jersey uses a modified comparative fault system (N.J.S.A. § 2A:15-5.1). Plaintiffs may recover damages as long as they are 50% or less at fault. If found more than 50% at fault, they recover nothing. If less, damages are reduced by their percentage of fault.

New Jersey applies joint and several liability for defendants found 60% or more at fault (N.J.S.A. § 2A:15-5.3). Defendants under 60% are responsible only for their share unless they acted in concert. This rule protects families when key defendants are solvent but others are bankrupt.

Collateral Source Rule

New Jersey limits the collateral source rule for certain types of insurance payments. Under N.J.S.A. § 2A:15-97, verdicts may be reduced by the amount of benefits the plaintiff received from collateral sources like health insurance, unless subrogation rights exist. Payments from Medicare and Medicaid may not be offset.

Take-Home Exposure Claims

New Jersey recognizes household exposure claims, allowing spouses and children to sue for secondhand asbestos exposure brought home on contaminated work clothing (Olivo v. Owens-Illinois, Inc., 895 A.2d 1143 (N.J. 2006)). The court held that premises owners and employers owe a duty of care to foreseeable secondary victims in the household.

Standards of Proof and Causation

To prevail, plaintiffs must show that the asbestos-containing product or conduct was a substantial factor in causing their illness. New Jersey courts apply the Sholtis test, which requires:

1. Proof of exposure to the defendant’s product,

2. Frequency and regularity of that exposure, and

3. Medical evidence linking the exposure to the disease (Sholtis v. American Cyanamid Co., 568 A.2d 1196 (N.J. Super. Ct. App. Div. 1989)).

New Jersey applies the Daubert standard for expert testimony, following Rubanick v. Witco Chem. Corp., 593 A.2d 733 (N.J. 1991), which permits novel scientific theories if the expert is properly qualified and the method is accepted in the relevant scientific community.

How New Jersey Law Works in Practice

Meet Teresa, a 70-year-old retired electronics technician from Newark. Between 1975 and 1995, she worked at a manufacturing plant soldering components and assembling circuit boards inside industrial enclosures. The enclosures were lined with asbestos panels and Teresa often used compressed air to clean them. In April 2024, after several months of shortness of breath and fatigue, she was diagnosed with pleural mesothelioma.

Because New Jersey applies a discovery-based statute of limitations, Teresa’s two-year filing window began in April 2024, when she first discovered her disease and learned it was caused by asbestos (N.J.S.A. § 2A:14-2; Vispisiano v. Ashland Chem. Co.). She has until April 2026 to file a lawsuit—even though her exposure ended nearly 30 years earlier.

If Teresa dies before filing, her family may bring both a wrongful death claim (N.J.S.A. § 2A:31-1) and a survival action (N.J.S.A. § 2A:15-3). The wrongful death claim would compensate her heirs for loss of financial support, services, and companionship. The survival action would allow recovery for Teresa’s pain, medical expenses, and lost earnings before death.

Because Teresa was exposed through her employment, her attorneys must assess whether workers’ compensation exclusivity applies. If she accepted workers’ comp benefits, she cannot sue her employer (N.J.S.A. § 34:15-8). However, she can still sue product manufacturers and premises owners responsible for the asbestos hazard.

To succeed, her legal team must prove that Teresa was frequently and regularly exposed to asbestos-containing products manufactured or supplied by each defendant, and that those exposures were a substantial factor in causing her disease. This is the Sholtis standard used in New Jersey (Sholtis v. American Cyanamid Co.). Medical experts will be required, and their testimony must meet New Jersey’s version of Daubert, which requires scientific validity and relevance (Rubanick v. Witco Chem. Corp.).

If the defense argues Teresa bears some responsibility—perhaps for not wearing a respirator—New Jersey’s modified comparative fault rule allows her to recover only if she is 50% or less at fault (N.J.S.A. § 2A:15-5.1). Her damages would be reduced in proportion to her share of fault.

If multiple companies are found liable, any defendant who is 60% or more at fault may be held jointly and severally liable for the entire verdict (N.J.S.A. § 2A:15-5.3). This protects Teresa if some companies are bankrupt or cannot be found.

Teresa’s husband may bring a loss of consortium claim. And if it turns out the company knowingly concealed asbestos risks, her team may seek punitive damages—capped at five times the compensatory award or $350,000, whichever is greater (N.J.S.A. § 2A:15-5.14).

Finally, New Jersey allows defendants to reduce the verdict based on insurance payments Teresa received—unless those insurers have a right to reimbursement (N.J.S.A. § 2A:15-97). Her lawyers will need to document subrogation rights carefully to avoid losing value from her award.

This is a hypothetical example based on real New Jersey law. Every case is different. If you or someone you love has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how New Jersey law may apply to your family.

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

Our proprietary database contains detailed records of 4,388 asbestos exposure sites across 671 New Jersey communities—from Newark's massive industrial complex to Camden's shipyards and Bayonne's oil refineries. 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 New Jersey family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

New Jersey 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 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 New Jersey database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Federal Shipbuilding's massive warship construction to DuPont's chemical manufacturing facilities.

For example, if you worked at facilities where our database shows Kaiser Aluminum products were installed—which we've documented at numerous New Jersey refineries, chemical plants, and industrial manufacturing sites—we can file your Kaiser Aluminum Asbestos Personal Injury Trust claim immediately. While other firms would spend months investigating whether Kaiser products were present at your workplace, we've already done that detective work. We can potentially recover $104,000 to $400,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through New Jersey's favorable court system. Our database strengthens your case with documented evidence and court precedents from New Jersey worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Camden's Federal Shipbuilding yards and Newark's industrial complexes.

Our database contains detailed records from New Jersey's unique industrial sites, including testimony about which defendants' products were used in chemical processing, shipbuilding, and manufacturing. This gives us crucial evidence about product failures and safety violations specific to New Jersey's diverse 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 military database is particularly powerful for veterans. New Jersey's extensive military and defense contracting history means many residents have potential VA claims from service at naval facilities or work on defense projects.

Our military records are especially valuable for veterans who served at New Jersey's naval facilities or worked on defense projects throughout the state, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your New Jersey Mesothelioma Case?

Whether you were exposed to asbestos at Federal Shipbuilding in Camden, Prudential's Newark headquarters, DuPont's chemical plants in Linden, or any of New Jersey's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in New Jersey:

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

• Multiple trust claims may be available beyond your lawsuit

• No caps on noneconomic damages in New Jersey

• Joint and several liability for major defendants (60% or more fault) means maximum recovery potential

What We'll Do for Your New Jersey Family:

• Free case evaluation to determine all available compensation sources

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

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of New Jersey's favorable liability rules to maximize recovery from major defendants

• Expert navigation of workers' compensation issues and take-home exposure claims recognized in New Jersey

Get started today. Our New Jersey mesothelioma team understands the massive industrial legacy of the Garden State and is ready to put that expertise to work for your family.

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