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

From the massive shipyards of Newport News to the chemical plants of Hopewell and the tobacco manufacturing facilities throughout the Commonwealth, Virginia's industrial heritage created devastating asbestos exposure across the Old Dominion. Our comprehensive database documents 1,724 asbestos exposure sites across 296 Virginia communities—from the Norfolk Naval Shipyard and Newport News Shipbuilding to the Allied Chemical plants, DuPont facilities, Philip Morris tobacco operations, and the Norfolk & Western Railway that transported goods throughout the region.

Virginia offers legal protections for mesothelioma families, though the state has strict requirements. Virginia follows a two-year statute of limitations from diagnosis with no discovery rule, has no statutory caps on economic or noneconomic damages, but applies contributory negligence which can bar recovery if you're found even 1% at fault. Virginia maintains joint and several liability, allowing recovery from any responsible defendant for the full amount.

Time is critical. Virginia's strict two-year statute of limitations means your family's deadline to file began when you received your diagnosis. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Virginia's extensive 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

Virginia Asbestos Law Summary

Virginian Asbestos Law Details

Virginia asbestos lawsuits are governed by a strict two-year statute of limitations that generally begins at the time of diagnosis, with no discovery rule except in limited fraud cases. The state follows the traditional doctrine of contributory negligence, which bars any recovery if the plaintiff is even 1% at fault. Virginia retains joint and several liability, allowing plaintiffs to recover the full amount of damages from any one responsible defendant. The state caps punitive damages at $350,000, but imposes no caps on economic or noneconomic damages in product liability cases. Both wrongful death and survival actions are permitted, with damages awarded to defined classes of beneficiaries. Virginia courts apply a reliability-based test for expert testimony but have not adopted the full Daubert standard.

Statutes of Limitation and Repose

Virginia applies a strict two-year statute of limitations for both personal injury and wrongful death claims, including asbestos-related litigation (Va. Code § 8.01-243(A), § 8.01-244(B)).

• No general discovery rule: The clock starts at the time the cause of action accrues, which in asbestos cases is generally interpreted as the date of diagnosis or when symptoms first appear and are traceable to asbestos exposure (Lockheed Martin Corp. v. Suttle, 78 Va. Cir. 28 (2009)).

• Wrongful Death: Must be filed within two years of the date of death (Va. Code § 8.01-244(B)).

• Minors and Disability: The statute may be tolled under limited circumstances (Va. Code § 8.01-229(A)).

• Statute of Repose: Virginia does not apply a product-related statute of repose to asbestos claims. Asbestos lawsuits are generally not barred due to the passage of time since the product’s sale or installation.

Eligibility to Sue

A person diagnosed with mesothelioma or another asbestos-related illness may bring a personal injury claim. After death, a wrongful death claim may be filed by the decedent’s personal representative, on behalf of certain statutory beneficiaries (Va. Code § 8.01-50).

Additionally, a survival action may be brought to recover for injuries and damages incurred before death (Va. Code § 8.01-25).

Workers’ Compensation Limitations

Virginia’s Workers’ Compensation Act is generally the exclusive remedy for injuries arising from employment (Va. Code § 65.2-307(A)).

• Employees may still sue third parties, such as product manufacturers or contractors (Va. Code § 65.2-309).

• If an employer intentionally causes harm or fails to carry coverage, exclusivity may not apply.

• Compensation carriers may assert a subrogation lien on third-party recoveries (Va. Code § 65.2-310).

Damages and Caps

Economic Damages: Fully recoverable. Includes medical costs, lost wages, and future care.

Noneconomic Damages: No statutory cap in asbestos-related personal injury or product liability cases.

Loss of Consortium: Not recognized as a standalone claim under Virginia law, but surviving spouses may recover similar losses through wrongful death actions.

Punitive Damages: Capped at $350,000 in all cases, regardless of the number of defendants (Va. Code § 8.01-38.1).

• Must be supported by clear and convincing evidence of willful and wanton conduct, or reckless disregard for the rights of others.

Contributory Negligence and Joint Liability

Virginia applies the pure contributory negligence rule:

• If a plaintiff is found to be even 1% at fault, they are barred from recovering damages, regardless of the severity of the defendant’s conduct (Baskett v. Banks, 214 Va. 667 (1974)).

Virginia retains joint and several liability:

• Each defendant may be held fully responsible for the entire award, regardless of their share of fault, unless contribution is later sought from others (Va. Code § 8.01-443).

This is especially important in asbestos cases where some parties may be bankrupt or immune.

Collateral Source Rule

Virginia follows the traditional collateral source rule:

• Defendants may not introduce evidence that the plaintiff received payments from insurance, Medicare, or other sources to reduce their liability (see Schickling v. Aspinall, 235 Va. 472 (1988)).

This ensures that injured parties can receive full compensation without penalty for having other benefits.

Standards of Proof and Causation

To win an asbestos case in Virginia, a plaintiff must show:

• That they were exposed to a product containing asbestos manufactured or sold by the defendant;

• That the exposure was frequent, regular, and proximate to the product; and

• That the exposure was a substantial contributing factor in causing the disease (Ford Motor Co. v. Boomer, 736 S.E.2d 724 (Va. 2013)).

Virginia applies a reliability-based test for expert testimony under Virginia Rule of Evidence 2:702, but has not adopted Daubert.

• Experts must be qualified, and their opinions must be based on scientific, technical, or specialized knowledge.

• Virginia courts apply a more traditional admissibility standard but still serve as gatekeepers to prevent speculative or unscientific testimony (John Crane, Inc. v. Hardick, 732 S.E.2d 1 (Va. 2012)).

Wrongful Death and Survival Actions

Virginia permits both types of claims:

• Wrongful Death: Filed by the estate’s personal representative on behalf of family members. Recoverable damages include:

  • Funeral and burial expenses,

  • Loss of financial support and companionship, and

  • Mental anguish (Va. Code § 8.01-52).

• Survival Actions: Allow the estate to recover damages for pain and suffering, medical expenses, and lost wages incurred prior to death (Va. Code § 8.01-25).

Punitive damages may be awarded in either type of action if the defendant’s conduct was sufficiently egregious.

How Virginia’s Laws Work in Practice

Meet Patricia, a 71-year-old retired shipyard clerk from Newport News. From the early 1970s through the 1990s, she worked near repair operations involving asbestos-insulated valves, boilers, and pipe fittings. Though she never handled asbestos directly, she inhaled fibers while working near the equipment. In March 2024, Patricia was diagnosed with pleural mesothelioma.

Because Virginia uses a strict two-year statute of limitations, Patricia’s deadline to file a lawsuit began in March 2024, when she was diagnosed—not when she was exposed decades earlier. She has until March 2026 to file a personal injury claim (Va. Code § 8.01-243(A)). Virginia does not apply the discovery rule in most personal injury cases, so it is critical for Patricia to act quickly.

If Patricia were to pass away before filing suit, her family could still pursue a wrongful death claim, which must be filed within two years of her death (Va. Code § 8.01-244(B)). The claim would seek damages for loss of support, companionship, funeral expenses, and emotional suffering (Va. Code § 8.01-52). In addition, the estate could file a survival action to recover for medical expenses and pain and suffering she experienced before death (Va. Code § 8.01-25).

Because Virginia uses pure contributory negligence, Patricia must show that she was not at fault at all for her illness. If a jury finds that she even partially ignored known safety warnings, she could be completely barred from recovery—even if the defendants were mostly responsible.

Virginia retains joint and several liability, so if multiple manufacturers are found liable, Patricia can recover the full verdict from any one of them. This is particularly important in asbestos cases where some responsible parties may be bankrupt or cannot be sued (Va. Code § 8.01-443).

Patricia may recover full economic damages, such as medical costs and lost income, and there is no cap on her pain and suffering. If the manufacturer knew the product was dangerous and acted with reckless disregard, her attorneys may also seek punitive damages, though they are capped at $350,000 regardless of how many defendants are involved (Va. Code § 8.01-38.1).

To win her case, Patricia’s legal team will need to present expert testimony showing that the asbestos-containing products she was exposed to were a substantial factor in causing her illness. Virginia has not adopted Daubert, but courts will exclude speculative or unreliable expert opinions (Ford Motor Co. v. Boomer, 736 S.E.2d 724; John Crane, Inc. v. Hardick, 732 S.E.2d 1).

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

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

Our proprietary database contains detailed records of 1,724 asbestos exposure sites across 296 Virginia communities—from the massive shipyards of Hampton Roads to the chemical plants of Hopewell and the industrial facilities throughout the Commonwealth. 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 Virginia family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Virginia 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 Virginia 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 Virginia database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the shipyards of Newport News and Norfolk to the chemical plants of Hopewell and the tobacco facilities throughout Virginia.

For example, if you worked on any of the ships in our database where Leslie Controls products were installed, we can file your Leslie Controls trust claim immediately. While other firms would spend months investigating whether Leslie Controls products were present at your workplace, we've already done that detective work. We can potentially recover $100,000 to $350,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Virginia's court system. Our database strengthens your case with documented evidence and court precedents from Virginia worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Newport News Shipbuilding and Norfolk Naval Shipyard.

Our database contains detailed records from Virginia's unique industrial sites, including testimony about which defendants' products were used in shipbuilding, chemical production, and tobacco manufacturing. This gives us crucial evidence about product failures and safety violations specific to Virginia'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. Virginia's extensive military history means many residents have potential VA claims from service at Norfolk Naval Base, Newport News Naval Shipyard, or other military installations throughout the state.

Our military records are especially valuable for veterans who served at Virginia's numerous 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 Virginia Mesothelioma Case?

Whether you were exposed to asbestos at Newport News Shipbuilding, Norfolk Naval Shipyard, Allied Chemical's Hopewell facilities, or any of Virginia's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Virginia:

• Two-year filing deadline from diagnosis under Virginia's strict statute of limitations

• Multiple trust claims may be available beyond your lawsuit

• No caps on economic or noneconomic damages in Virginia

• Contributory negligence rule requires proving zero fault to recover

What We'll Do for Your Virginia Family:

• Free case evaluation to determine all available compensation sources

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

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Virginia's liability rules to maximize recovery from responsible defendants

• Expert navigation of workers' compensation issues and premises liability claims recognized in Virginia

Get started today. Our Virginia mesothelioma team understands the massive industrial legacy of the Old Dominion and is ready to put that expertise to work for your family.

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