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

From the massive shipyards of Portland to the paper mills of the Willamette Valley, from the lumber operations throughout the Cascade Mountains to the power plants that electrified the Pacific Northwest, Oregon's maritime and forest products industries created widespread asbestos exposure across the state. Our comprehensive database documents 1,714 asbestos exposure sites across 161 Oregon communities—from the Kaiser Shipyards that built Liberty ships during World War II to the Crown Zellerbach paper mills and the countless sawmills that processed the region's timber.

Oregon offers strong 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 after a landmark court ruling, and specifically exempts asbestos cases from statutes of repose—meaning you can file claims even decades after exposure. Oregon's courts consistently recognize the unique dangers of maritime and forest industry work.

Time is critical. Oregon's 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 Oregon's maritime and timber 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

Oregon Asbestos Law Summary

Oregon Asbestos Law Details

Oregon asbestos lawsuits are shaped by a mix of statutory rules, court precedent, and constitutional protections. The state follows a discovery rule for most asbestos-related claims and allows both survival and wrongful death actions. However, Oregon has abolished joint and several liability and applies a modified comparative fault system. Plaintiffs may recover both economic and noneconomic damages without a statutory cap, and punitive damages are permitted under strict standards. With specialized rules on product liability, medical expenses, and fault allocation, understanding Oregon’s legal framework is essential for families affected by mesothelioma.

Statutes of Limitation and Repose

In Oregon, people diagnosed with mesothelioma or another asbestos-related illness have two years to file a personal injury lawsuit. This two-year clock doesn’t start ticking when the exposure occurred—often decades earlier—but rather when the person discovers or reasonably should have discovered both the injury and that it was caused by asbestos exposure. This is known as the discovery rule, and it applies to both general personal injury claims and asbestos-related product liability cases (Or. Rev. Stat. §§ 12.110(1), 30.905(1)).

For example, if someone is diagnosed with mesothelioma in January 2024 and a doctor links it to past asbestos exposure in March 2024, the two-year period would begin around March 2024. They would typically have until March 2026 to file a lawsuit.

If the injured person passes away, a wrongful death lawsuit may be filed by a personal representative on behalf of the decedent’s beneficiaries. The deadline to file a wrongful death claim is three years from the date the injury causing the death was discovered or should have been discovered (Or. Rev. Stat. § 30.020(1)). This means the clock starts not from the date of death, but from the time when the cause of death was known or should have been known to be asbestos-related.

So, in a situation where someone dies of mesothelioma in January 2024, but the family doesn’t realize asbestos was the cause until June 2024, the family would likely have until June 2027 to bring a wrongful death case.

Importantly, Oregon has a 10-year statute of repose for most product liability claims, meaning lawsuits generally cannot be filed more than 10 years after a product was first sold or used. However, this limitation does not apply to asbestos cases. Oregon law specifically exempts asbestos-related claims from the statute of repose, recognizing the long latency period of diseases like mesothelioma (Or. Rev. Stat. § 30.907). This makes Oregon one of the more favorable states for individuals exposed to asbestos many decades ago.

Eligibility to Sue

Anyone diagnosed with mesothelioma or another asbestos-related disease may bring a personal injury claim. In wrongful death cases, the action must be brought by a court-appointed personal representative on behalf of statutory beneficiaries (Or. Rev. Stat. § 30.020(1)). Survival actions are also permitted and pass to the decedent’s estate (Or. Rev. Stat. § 30.075(1)).

Workers’ Compensation Limitations

Oregon’s Workers’ Compensation Law is the exclusive remedy for injured workers against employers, unless:

• The injury was caused by the employer’s deliberate intention (Or. Rev. Stat. § 656.156),

• The employer was non-compliant with insurance laws (Or. Rev. Stat. § 656.020),

• Or specific exceptions apply (e.g., failure to obey safety citations).

Injured workers may still bring lawsuits against third parties. If they do, the insurer or employer may assert a reimbursement lien (Or. Rev. Stat. § 656.593).

Damages and Caps

Economic Damages: Fully recoverable, including medical bills, lost wages, and impaired earning capacity (Or. Rev. Stat. § 31.710(2)(a)).

Noneconomic Damages: The $500,000 cap was ruled unconstitutional in Busch v. McInnis Waste Sys., 366 Or. 628 (2020). There is no statutory cap at present.

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

Punitive Damages: Allowed only upon amendment to the pleading and proof of malice or reckless and outrageous indifference by clear and convincing evidence (Or. Rev. Stat. §§ 31.725–31.730).

• Awards must be shared with the state, with a portion going to the Criminal Injuries Compensation Account (Or. Rev. Stat. § 31.735).

Comparative Fault and Joint Liability

Comparative Fault: Oregon follows a modified 51% bar rule. Plaintiffs may recover if their fault does not exceed 50%. Damages are reduced by the plaintiff’s share of fault (Or. Rev. Stat. § 31.600(1)).

Assumption of Risk: Implied assumption of risk is abolished; express assumption of risk is treated as comparative fault (Or. Rev. Stat. § 31.620(2)).

Joint and Several Liability: Abolished. Defendants are severally liable only for their own share (Or. Rev. Stat. § 31.610). Uncollectible shares may be reallocated among other parties on motion (unless the defendant was ≤25% at fault) (Or. Rev. Stat. § 31.610(3)–(4)).

Collateral Source Rule

Collateral benefits (e.g., Medicare or private insurance payments) may be introduced to reduce the judgment, unless they fall under a statutory exception (Or. Rev. Stat. § 31.580).

However, Medicare write-offs are treated as Social Security benefits, which are exempt from offset (White v. Jubitz Corp., 347 Or. 212 (2009)).

Standards of Proof and Causation

Oregon uses a “cause-in-fact” and foreseeability test for causation (Piazza v. Kellim, 360 Or. 58 (2016)). The traditional “proximate cause” concept is subsumed into the broader inquiry of whether the defendant’s conduct created a foreseeable and unreasonable risk of harm.

Oregon does not follow the Daubert standard used in federal court and many other states. Instead, Oregon uses a more flexible approach based on state evidence rules and case law. The leading case is State v. O’Key, 321 Or. 285 (1995), which gives trial courts a gatekeeping role but does not require them to assess peer review, publication, error rates, or scientific consensus as Daubert does. Instead, the court considers whether the expert’s testimony is:

1. Relevant to the issues in the case,

2. Based on sufficient facts or data, and

3. The product of reasonably reliable principles and methods applied in a reasonable way.

Under O’Key, courts evaluate the totality of the circumstances when deciding whether to admit expert evidence. The emphasis is not on rigid factors but on whether the expert is credible, qualified, and applying their expertise in a way that will assist the jury.

In practice, this means that plaintiffs can offer expert testimony based on well-established principles in occupational medicine, industrial hygiene, or pathology—even if the methods wouldn’t satisfy a Daubert hearing in another jurisdiction. However, judges still have discretion to exclude testimony they find speculative or unsupported by the facts of the case.

Notably, Oregon does not require expert testimony to calculate damages, such as future lost earning capacity, although expert opinions are often helpful and commonly used.

Wrongful Death and Survival Actions

Oregon recognizes both wrongful death and survivorship claims:

Wrongful Death: Must be filed within 3 years. Recovery goes to statutory beneficiaries, not the estate (Or. Rev. Stat. § 30.020).

Survival Actions: Claims that accrued before death pass to the estate and may include medical bills, pain and suffering, and lost earnings (Or. Rev. Stat. § 30.075).

Caps: Oregon’s former $500,000 cap on noneconomic damages in wrongful death was struck down as unconstitutional (Busch, 2020).

How Oregon’s Laws Work in Practice

Meet Carl, a 74-year-old retired paper mill worker from Springfield. From the late 1960s through the early 1980s, Carl worked with industrial boilers, pumps, and pipe systems that were heavily insulated with asbestos. In April 2024, he was diagnosed with pleural mesothelioma after several months of worsening shortness of breath.

Because Oregon applies a discovery rule, Carl’s two-year statute of limitations didn’t start back when he worked at the mill—it began in April 2024, when he first learned that asbestos exposure likely caused his illness (Or. Rev. Stat. § 12.110(1)). That means he has until April 2026 to file a personal injury lawsuit.

If Carl were to pass away from mesothelioma before filing, his family could still bring a wrongful death claim—but they’d have to do so within three years of when they discovered that asbestos caused his death (Or. Rev. Stat. § 30.020(1)). If they waited too long and only discovered the asbestos link after several years, they could be barred from recovery.

Unlike many other states, Oregon has a 10-year statute of repose that limits lawsuits involving old products—but importantly, that rule does not apply to asbestos cases (Or. Rev. Stat. § 30.907). So even though Carl’s exposure happened over 40 years ago, he can still sue the manufacturers of the asbestos-containing products he worked with.

Carl’s attorneys will need to present expert testimony to prove that asbestos exposure caused his cancer. In Oregon, the standard for admitting expert evidence is more flexible than the Daubert standard used in federal court. As long as the expert is qualified and their opinion is reasonably reliable and relevant, the judge will usually allow the jury to hear it (State v. O’Key, 321 Or. 285 (1995)).

If Carl is found partially at fault—perhaps for not wearing available protective gear—his damages will be reduced under Oregon’s modified comparative fault rule. He can still recover damages as long as he is 50% or less at fault (Or. Rev. Stat. § 31.600).

Because Oregon has abolished joint and several liability, each company Carl sues will only be responsible for its own share of the damages (Or. Rev. Stat. § 31.610). If one defendant can’t pay, that share may be reallocated among the others—or even to Carl himself—unless a motion is filed within one year.

If successful, Carl may recover full economic damages like medical bills and lost wages, and noneconomic damages like pain and suffering. Oregon previously had a $500,000 cap on noneconomic damages, but that cap was struck down as unconstitutional in Busch v. McInnis Waste Sys., 366 Or. 628 (2020), so there is no longer a limit on those damages in personal injury cases.

Carl’s lawyers may also seek punitive damages if they can show that the defendant knowingly exposed workers to asbestos with reckless disregard for their health. Oregon requires a separate motion and clear and convincing evidence before such a claim can be added (Or. Rev. Stat. § 31.725), and any punitive award must be shared with the state’s Crime Victims’ Fund (Or. Rev. Stat. § 31.735).

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

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

Our proprietary database contains detailed records of 1,714 asbestos exposure sites across 161 Oregon communities—from Portland's massive shipyards to the paper mills of Salem and the timber operations 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 Oregon family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Oregon 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 Oregon database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the Kaiser Shipyards that built America's wartime fleet to the paper mills that processed the Pacific Northwest's timber.

For example, if you worked at facilities where our database shows W.R. Grace products were installed, we can file your W.R. Grace Asbestos Personal Injury Settlement Trust claim immediately. While other firms would spend months investigating whether W.R. Grace vermiculite insulation or other products were present at your workplace, we've already done that detective work. We can potentially recover $180,000 to $450,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Oregon's favorable court system. Our database strengthens your case with documented evidence and court precedents from Oregon 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 Portland shipyards and the state's paper mills.

Our database contains detailed records from Oregon's unique industrial sites, including testimony about which defendants' products were used in shipbuilding, paper manufacturing, and timber processing. This gives us crucial evidence about product failures and safety violations specific to Oregon's maritime and forest products 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. Oregon's extensive shipbuilding and defense history means many residents have potential VA claims from service in the Navy or work on defense projects.

Our military records are especially valuable for veterans who served on ships built in Oregon or worked at defense facilities 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 Oregon Mesothelioma Case?

Whether you were exposed to asbestos at Portland's shipyards, the paper mills of the Willamette Valley, Weyerhaeuser timber operations, or any of Oregon's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Oregon:

• Two-year filing deadline from diagnosis under Oregon's discovery rule (three years for wrongful death)

• Multiple trust claims may be available beyond your lawsuit

• No caps on damages in Oregon after constitutional ruling

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

What We'll Do for Your Oregon Family:

• Free case evaluation to determine all available compensation sources

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

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Oregon's favorable discovery rule and liberal expert testimony standards

• Expert navigation of workers' compensation issues common to Oregon's maritime and forest industries

Get started today. Our Oregon mesothelioma team understands the unique industrial heritage of the Pacific Northwest and is ready to put that expertise to work for your family.

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