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

From the oil refineries of Tulsa and Ponca City to the power plants across the Sooner State, from the chemical facilities in Muskogee to the aircraft manufacturing plants in Oklahoma City, Oklahoma's energy and aerospace industries created widespread asbestos exposure throughout the state. Our comprehensive database documents 790 asbestos exposure sites across 175 Oklahoma communities—from the Phillips Petroleum operations to the Conoco refineries, from the Douglas Aircraft plants to the countless oil and gas facilities that powered America's energy independence.

Oklahoma offers favorable legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no caps on damages, and allows both wrongful death and survival claims. Oklahoma's courts consistently recognize the unique dangers of working in high-temperature industrial environments and protect workers' rights.

Time is critical. Oklahoma'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 Oklahoma's energy industry heritage and its favorable legal environment.

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

Oklahoma Asbestos Law Summary

Oklahoma Asbestos Law Details

Oklahoma asbestos lawsuits are governed by a mix of traditional negligence principles, modern tort reform, and the specialized Asbestos and Silica Claims Priorities Act. While the state uses a discovery rule and allows both wrongful death and survival claims, it also imposes strict evidentiary requirements and modified joint liability rules. Plaintiffs may recover both economic and noneconomic damages, and punitive damages are available in cases of egregious conduct. However, procedural defenses like assumption of risk and caps on noneconomic damages may impact recovery in some cases—making it critical for families to understand their rights under Oklahoma law.

Statutes of Limitation and Repose

Oklahoma applies a two-year statute of limitations to most personal injury and asbestos-related claims (Okla. Stat. tit. 12, § 95(A)).

Personal Injury and Wrongful Death: Must be filed within two years of accrual. The “discovery rule” applies, meaning the period begins when the injury is or should have been discovered.

Fraud-Based Claims: Two-year statute starts upon discovery of the fraud.

Minors and Incapacitated Individuals: Have one year after disability is removed (Okla. Stat. tit. 12, § 96).

Statute of Repose: For improvements to real property, claims must be filed within ten years, regardless of discovery (Okla. Stat. tit. 12, § 109). This does not apply to asbestos manufacturers.

Asbestos-Specific Tolling: Under the Asbestos and Silica Claims Priorities Act, claims may be extended for individuals exposed but not yet impaired (Okla. Stat. tit. 76, § 90.1).

Any person diagnosed with mesothelioma or another asbestos-related disease may bring a personal injury action. In wrongful death cases, the claim must be brought by the personal representative of the decedent’s estate and may benefit the estate and next of kin, including for pain and suffering, lost earnings, medical costs, and grief (Okla. Stat. tit. 12, § 1053).

Oklahoma recognizes wrongful death claims for unborn children and minor children, with additional recoverable damages for loss of companionship, destruction of the parent-child relationship, and burial expenses (Okla. Stat. tit. 12, § 1055).

Workers’ Compensation Limitations

Oklahoma’s Workers’ Compensation Act generally bars lawsuits against employers for injuries “arising out of and in the course of employment” (Okla. Stat. tit. 85A, § 5). This exclusive remedy rule applies even in cases of gross negligence or dual capacity claims.

Exceptions include:

• Willful or Intentional Torts: An employer may be sued if they acted with specific intent to injure (Okla. Stat. tit. 85A, § 5).

• Uninsured Employers: If the employer failed to carry required coverage.

• Premises Control Exception: If the employee is injured after hours while still on the employer’s premises (Harwood v. Ardagh Grp., 2022 OK 51).

Employees may sue third parties, and employers have a subrogation right for compensation already paid (Okla. Stat. tit. 85A, § 43).

Damages and Caps

Oklahoma permits recovery of economic, noneconomic, and punitive damages in asbestos lawsuits.

• Economic Damages: Fully recoverable. Past medical expenses must be based on actual amounts paid, not billed (Okla. Stat. tit. 12, § 3009.1). Future earnings may be discounted to present value, and inflation may be considered.

• Noneconomic Damages: Oklahoma’s prior $350,000 cap was struck down as unconstitutional in 2019 (Beason v. I.E. Miller Servs., 2019 OK 28). There is currently no statutory cap on noneconomic damages in personal injury or wrongful death cases.

• Loss of Consortium: Recoverable in both personal injury and wrongful death actions.

• Punitive Damages: Available upon proof of reckless disregard, malice, or fraud (Okla. Stat. tit. 23, § 9.1).

  • Cap tiers:

    • Ordinary recklessness: Up to $100,000 or 100% of actual damages

    • Gross negligence or malicious intent: Up to 2x actual damages or $500,000

    • Intentional misconduct with profit motive: No cap

Comparative Fault and Joint Liability

Oklahoma uses a modified comparative fault system (Okla. Stat. tit. 23, § 13):

• Plaintiffs may recover as long as their fault does not exceed 50%.

• Recovery is reduced proportionally by the plaintiff’s percentage of fault.

• Assumption of Risk is a distinct, constitutionally protected defense and may bar recovery entirely if proven.

For claims arising on or after November 1, 2011, Oklahoma generally applies several liability only—meaning each defendant is responsible only for their own share of fault, based on their percentage of responsibility (Okla. Stat. tit. 23, § 15).

However, if the plaintiff is found to have zero fault, some Oklahoma court decisions suggest that joint and several liability may still apply. In such cases, the plaintiff may be allowed to recover the entire amount of damages from any one defendant who was found liable, leaving that defendant to seek contribution from others. This interpretation reflects older case law and remains an area of legal uncertainty, especially in multi-defendant asbestos claims where one or more parties may be insolvent or immune.

Collateral Source Rule

Oklahoma law allows the introduction of collateral source payments at trial, including insurance payments, unless they are subject to subrogation (Okla. Stat. tit. 63, § 1-1708.1D).

Only the amount actually paid for medical care is admissible—not the billed amount—unless a lien has been filed (Okla. Stat. tit. 12, § 3009.1).

Standards of Proof and Causation

To recover in a mesothelioma case, plaintiffs must prove that the defendant’s conduct was a direct cause of the disease (Oklahoma has replaced the term “proximate cause” with “direct cause”).

• Foreseeability is essential: injury must be a reasonably foreseeable result of the defendant’s conduct.

• Multiple Tortfeasors: Each can be a direct cause, regardless of comparative contribution, unless a true intervening cause breaks the chain of causation.

Oklahoma courts require expert testimony in asbestos and mesothelioma cases to establish key elements such as exposure history, fiber release, causation, and latency of disease. This is especially true where the medical or scientific issues involved are beyond the understanding of a lay jury.

As of now, Oklahoma does not formally follow the Daubert standard used in federal court. Instead, the state applies a hybrid approach rooted in both traditional admissibility rules and limited gatekeeping authority. Oklahoma courts evaluate expert testimony under Okla. Stat. tit. 12, § 2702, which mirrors Federal Rule of Evidence 702 in wording but does not incorporate the full Daubert framework.

The Oklahoma Supreme Court confirmed this distinction in Christian v. Gray, 2003 OK 10, ¶ 13, 65 P.3d 591, where the court explicitly rejected Daubert and emphasized that the trial court's role is not to determine whether the expert’s methodology is reliable but to ensure the testimony will assist the trier of fact and is based on sufficient knowledge, skill, and experience.

Wrongful Death and Survival Actions

Oklahoma permits both wrongful death and survival claims:

• Wrongful Death: Filed by the personal representative. Damages may include pain and suffering of the decedent, loss of financial support, grief, companionship, and funeral expenses (Okla. Stat. tit. 12, § 1053).

• Survival Actions: Damages that accrued before death are preserved by statute (Okla. Stat. tit. 12, § 1051).

The Oklahoma Constitution prohibits statutory limits on wrongful death damages (Okla. Const. art. XXIII, § 7).

How Oklahoma’s Laws Work in Practice

Meet Roy, a 72-year-old retired oil refinery worker from Tulsa. From the late 1960s through the early 1990s, Roy worked in maintenance at several plants where he regularly removed and replaced asbestos insulation on pipes, boilers, and pumps. In June 2024, he was diagnosed with pleural mesothelioma following several months of chronic chest pain and shortness of breath.

Because Oklahoma applies the discovery rule, Roy’s two-year statute of limitations began in June 2024, when he was diagnosed and first learned the disease was linked to asbestos exposure—not decades earlier when the exposure occurred (Okla. Stat. tit. 12, § 95(A)). He has until June 2026 to file a personal injury claim.

If Roy passes away before filing, his family may bring a wrongful death lawsuit for pain and suffering, lost support, grief, and funeral costs. Oklahoma’s Constitution forbids limits on wrongful death damages, and punitive damages may also be available (Okla. Const. art. XXIII, § 7; Okla. Stat. tit. 12, § 1053).

Oklahoma follows a modified comparative fault rule. Roy can recover damages as long as he is not more than 50% at fault. If he is found partially at fault—for example, by not using available protective gear—his award would be reduced proportionally (Okla. Stat. tit. 23, § 13).

Because Roy is not at fault at all, and multiple companies contributed to his exposure, his attorneys may argue that joint and several liability should apply. This would allow Roy to recover the full amount from any one defendant, with that party seeking contribution from others. However, Oklahoma law generally applies several liability only for claims filed after November 1, 2011—so this remains a legally unsettled area (Okla. Stat. tit. 23, § 15).

Roy can recover economic damages for medical bills and lost income, and noneconomic damages for pain and suffering. There are no caps on noneconomic damages due to a 2019 ruling that struck down the state’s previous limit. For past medical care, only the actual amounts paid are admissible—not billed rates—unless the provider has a lien (Okla. Stat. tit. 12, § 3009.1).

Roy’s legal team may also pursue punitive damages if they can show a manufacturer or supplier acted with reckless disregard or concealed the risks of asbestos. Oklahoma allows uncapped punitive damages in the most egregious cases (Okla. Stat. tit. 23, § 9.1(D)).

This is a hypothetical example based on real Oklahoma laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Oklahoma law may apply to your situation.

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

Our proprietary database contains detailed records of 790 asbestos exposure sites across 175 Oklahoma communities—from Tulsa's oil refineries to Oklahoma City's aerospace facilities and the power plants throughout the state. 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 Oklahoma family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Oklahoma 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 Oklahoma database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the oil refineries that powered America to the power plants that electrified the region.

For example, if you worked at facilities where our database shows NARCO (North American Refractories Company) products were installed, we can file your NARCO Asbestos Trust claim immediately. While other firms would spend months investigating whether NARCO refractory materials were present at your workplace, we've already done that detective work. We can potentially recover $75,000 to $1.2 million for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Oklahoma's favorable court system. Our database strengthens your case with documented evidence and court precedents from Oklahoma worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like the Tulsa refineries and the state's power generation plants.

Our database contains detailed records from Oklahoma's unique industrial sites, including testimony about which defendants' products were used in high-temperature oil refining and power generation. This gives us crucial evidence about product failures and safety violations specific to Oklahoma's energy industry 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. Oklahoma's extensive military and aerospace history means many residents have potential VA claims from service at military facilities or work on defense projects.

Our military records are especially valuable for veterans who served at Oklahoma's military installations or worked on aerospace 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 Oklahoma Mesothelioma Case?

Whether you were exposed to asbestos at the Tulsa oil refineries, Phillips Petroleum facilities, Public Service Company power plants, or any of Oklahoma's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Oklahoma:

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

• Multiple trust claims may be available beyond your lawsuit

• No caps on damages in Oklahoma

• Modified comparative fault means you can recover if 50% or less at fault

What We'll Do for Your Oklahoma Family:

• Free case evaluation to determine all available compensation sources

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

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Oklahoma's favorable damage rules and joint liability provisions

• Expert navigation of workers' compensation issues common to Oklahoma's energy industry

Get started today. Our Oklahoma mesothelioma team understands the unique industrial heritage of the Sooner 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