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

From the industrial powerhouses of Memphis and Nashville to the nuclear facilities of Oak Ridge and the chemical plants throughout the Volunteer State, Tennessee's diverse industrial heritage created widespread asbestos exposure across the South. Our comprehensive database documents 1,808 asbestos exposure sites across 243 Tennessee communities—from the Tennessee Valley Authority power plants to the atomic facilities that built America's nuclear arsenal and the manufacturing centers that powered the state's economy.

Tennessee presents unique legal challenges for mesothelioma families. The state follows a discovery rule but has one of the shortest statutes of limitations in the nation at just one year, has caps on noneconomic damages, and abolished joint and several liability in most cases. Tennessee's courts consistently recognize both workplace exposure and limited punitive damage claims, making expert legal representation essential.

Time is critical. Tennessee's one-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure—giving you less time than almost any other state. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Tennessee's massive industrial legacy and its challenging 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

Tennessee Asbestos Law Summary

Tennessee Asbestos Law Details

Tennessee asbestos lawsuits are governed by a one-year statute of limitations, with a discovery rule that applies in most personal injury cases, including those related to asbestos exposure. The state follows a modified comparative fault system that bars recovery if the plaintiff is 50% or more at fault, and joint and several liability is generally abolished except in narrow circumstances. Tennessee caps noneconomic and punitive damages in most civil cases, though exceptions exist for misconduct such as intentional harm or document falsification. Both wrongful death and survival actions are allowed, and Tennessee law uses a substantial factor test for causation, supported by expert testimony governed by a reliability and relevance standard rather than strict Daubert review.

Statutes of Limitation and Repose

Tennessee has one of the shortest statutes of limitations in the country for personal injury and wrongful death claims—including those related to asbestos exposure.

• Personal Injury: Claims must be filed within one year of the date the plaintiff knew or should have known of the injury and its cause (Tenn. Code Ann. § 28-3-104(a)(1); Teeters v. Currey, 518 S.W.2d 512 (Tenn. 1974)).

• Wrongful Death: Must be filed within one year of death, though courts may apply the discovery rule if the asbestos link was not immediately apparent (Tenn. Code Ann. § 28-3-104(a)(1); § 20-5-106).

• Minors/Legal Disability: Statute is tolled until the disability is removed (Tenn. Code Ann. § 28-1-106).

• Statute of Repose: Applies only to construction and improvement to real property—claims must be brought within 4 years of substantial completion, but asbestos product liability cases are exempt under Tenn. Code Ann. § 29-28-103.

Eligibility to Sue

Anyone diagnosed with mesothelioma or another asbestos-related illness may file a personal injury claim in Tennessee. Upon death, the decedent’s representative or next of kin may bring a wrongful death claim (Tenn. Code Ann. § 20-5-106 et seq.), and the estate may pursue a survival action for damages the decedent suffered before death (Tenn. Code Ann. § 20-5-106(a)).

Workers’ Compensation Limitations

Tennessee’s Workers’ Compensation Act generally provides the exclusive remedy for workplace injuries (Tenn. Code Ann. § 50-6-108(a)). However:

• Third-party claims are permitted against manufacturers, contractors, or premises owners.

• If the employer failed to carry workers’ compensation insurance, the exclusive remedy protection is lost (Tenn. Code Ann. § 50-6-405).

• Employers may assert subrogation rights against third-party recoveries under Tenn. Code Ann. § 50-6-112.

Damages and Caps

Economic Damages: Fully recoverable. Includes medical bills, lost wages, and future care costs. There is no cap.

Noneconomic Damages: Capped at $750,000 per plaintiff in most cases, or $1 million if the injury involves catastrophic loss such as paralysis, amputation, or wrongful death of a parent with minor children (Tenn. Code Ann. § 29-39-102).

Loss of Consortium: Considered part of the noneconomic damage cap.

Punitive Damages: Capped at 2x compensatory damages or $500,000, whichever is greater (Tenn. Code Ann. § 29-39-104).

• No cap applies if the defendant acted intentionally, destroyed documents, or was under the influence of drugs or alcohol.

Comparative Fault and Joint Liability

Tennessee uses a modified comparative fault rule:

• A plaintiff may recover damages only if their share of fault is less than 50% (Tenn. Code Ann. § 20-1-119).

• Damages are reduced in proportion to the plaintiff’s fault.

Tennessee has abolished joint and several liability in most cases:

• Each defendant is responsible only for their own share of fault.

• If one defendant is insolvent or immune, that portion of the judgment is not reallocated unless fault can be shifted to another responsible party (Tenn. Code Ann. § 29-11-107).

Collateral Source Rule

Tennessee generally follows a traditional collateral source rule—defendants cannot reduce damages based on payments from insurance or other outside sources.

However, in medical malpractice cases, evidence of amounts paid (not billed) may be admissible to challenge medical expense claims (Dedmon v. Steelman, 535 S.W.3d 431 (Tenn. 2017)). This rule does not yet apply in product liability or asbestos cases, where billed amounts are typically recoverable.

Standards of Proof and Causation

Tennessee applies the substantial factor test for causation in asbestos cases. Plaintiffs must show that the defendant’s product or conduct significantly contributed to the development of the illness. Courts often consider:

• Frequency and duration of exposure,

• Proximity to the product, and

• Medical testimony linking the exposure to mesothelioma.

Expert Testimony: Tennessee follows a reliability and relevance test under Tenn. R. Evid. 702 and 703, which is Daubert-like but not formally Daubert. In McDaniel v. CSX Transp., Inc., 955 S.W.2d 257 (Tenn. 1997), the Tennessee Supreme Court adopted a flexible reliability framework. Trial judges serve as gatekeepers but are not required to use the full federal Daubert checklist.

Wrongful Death and Survival Actions

Tennessee allows both types of claims:

• Wrongful Death: Filed by the surviving spouse or next of kin (or estate representative), it allows recovery for loss of financial support, companionship, and funeral expenses (Tenn. Code Ann. § 20-5-106 et seq.).

• Survival Actions: Allow the estate to recover damages the decedent incurred before death, including pain and suffering, medical expenses, and lost income (Tenn. Code Ann. § 20-5-106(a)).

Punitive damages may be awarded in either type of action if supported by the facts.

How Tennessee’s Laws Work in Practice

Meet Bill, a 68-year-old retired power plant mechanic from Knoxville. From the 1970s through the 1990s, he regularly maintained boilers, turbines, and pumps that were insulated with asbestos materials. In May 2024, Bill was diagnosed with pleural mesothelioma—a cancer strongly linked to asbestos exposure.

Because Tennessee applies the discovery rule in personal injury cases, Bill’s one-year statute of limitations began in May 2024, when he was diagnosed and learned that asbestos exposure was the likely cause. He has until May 2025 to file a personal injury lawsuit (Tenn. Code Ann. § 28-3-104(a)(1)).

If Bill were to pass away from mesothelioma, his family could bring a wrongful death action to recover for the loss of financial support, companionship, and funeral expenses. The estate could also pursue a survival action to recover for Bill’s pain, suffering, and medical bills incurred before his death (Tenn. Code Ann. § 20-5-106).

If multiple companies are responsible, Tennessee’s comparative fault system allows Bill to recover damages only if he is less than 50% at fault. His total recovery would be reduced in proportion to any fault assigned to him (Tenn. Code Ann. § 20-1-119). Tennessee has abolished joint and several liability, so each defendant is only responsible for their share of the verdict. If one defendant is bankrupt or immune, the remaining parties generally won’t have to cover that gap.

Bill’s attorneys can seek noneconomic damages for his pain and suffering, but the award may be limited to $750,000, or $1 million if his condition qualifies as “catastrophic” under Tennessee law (Tenn. Code Ann. § 29-39-102). If they also pursue punitive damages based on evidence that a manufacturer knowingly endangered workers, the cap would be the greater of $500,000 or twice the compensatory damages—unless the defendant destroyed documents, acted intentionally, or was under the influence, in which case no cap applies (Tenn. Code Ann. § 29-39-104).

To succeed, Bill’s legal team will need expert testimony showing that specific asbestos products contributed to his illness. Tennessee courts apply a reliability and helpfulness test for expert evidence under McDaniel v. CSX, rather than strict Daubert analysis. The expert must be qualified, use sound methodology, and link the exposure to the disease in a medically credible way.

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

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

Our proprietary database contains detailed records of 1,808 asbestos exposure sites across 243 Tennessee communities—from nuclear facilities and chemical plants to power generation and manufacturing complexes 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 Tennessee family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Tennessee 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 Tennessee 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 Tennessee database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Oak Ridge National Laboratory to Tennessee Valley Authority facilities and chemical plants throughout the region.

For example, if you worked at facilities where our database shows Congoleum products were installed—which we've documented at numerous Tennessee industrial facilities, nuclear sites, and manufacturing plants—we can file your Congoleum trust claim immediately. While other firms would spend months investigating whether Congoleum products were present at your workplace, we've already done that detective work. We can potentially recover $120,000 to $720,000 for mesothelioma.

Asbestos Lawsuits

You can hold companies accountable through Tennessee's legal system. Our database strengthens your case with documented evidence and court precedents from Tennessee worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Oak Ridge nuclear facilities and chemical plants throughout the state.

Our database contains detailed records from Tennessee's unique industrial sites, including testimony about which defendants' products were used in nuclear processing, chemical manufacturing, and power generation. This gives us crucial evidence about product failures and safety violations specific to Tennessee'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. Tennessee's extensive nuclear and defense contracting history means many residents have potential VA claims from military service or work on nuclear/defense projects.

Our military records are especially valuable for veterans who served at Tennessee's military facilities or worked on nuclear 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 Tennessee Mesothelioma Case?

Whether you were exposed to asbestos at Oak Ridge National Laboratory, Memphis' TVA Allen Steam Plant, Nashville's industrial facilities, Chattanooga's Volunteer Army Ammunition Plant, or any of Tennessee's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Tennessee:

• Only one-year filing deadline from diagnosis under Tennessee's discovery rule - the shortest in the nation

• Multiple trust claims may be available beyond your lawsuit

• Noneconomic damages are capped at $750,000-$1 million in Tennessee

• Abolished joint and several liability means each defendant only pays their share

• Evidence preservation becomes more difficult as time passes, especially for older industrial sites

What We'll Do for Your Tennessee Family:

• Immediate case evaluation to determine all available compensation sources before Tennessee's short deadline

• Emergency trust claim filings using our proprietary database of Tennessee exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners within Tennessee's one-year timeframe

• Strategic navigation of Tennessee's damage caps and liability rules to maximize recovery

• Expert handling of workers' compensation issues and nuclear/chemical facility exposure claims recognized in Tennessee

Get started today. Our Tennessee mesothelioma team understands the unique industrial legacy of the Volunteer State and Tennessee's challenging legal deadlines - we're ready to put that expertise to work for your family immediately.

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