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

From the massive shipyards of Puget Sound to the Boeing aircraft plants of Seattle and the aluminum smelters throughout the Pacific Northwest, Washington's role as America's aerospace and maritime powerhouse created devastating asbestos exposure across the Evergreen State. Our comprehensive database documents 1,613 asbestos exposure sites across 203 Washington communities—from the Bremerton Naval Shipyard and Todd Shipyards to the Boeing facilities, Weyerhaeuser paper mills, and the Kaiser shipyards that built vessels for World War II.

Washington 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 economic or noneconomic damages, and provides pure comparative negligence that allows recovery even if you're largely at fault. Washington's limited joint and several liability system ensures fair compensation while protecting defendants from excessive liability.

Time is critical. Washington's three-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 Washington's massive maritime and aerospace legacy 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

Washington Asbestos Law Summary

Washington Asbestos Law Details

Washington asbestos lawsuits are governed by a three-year discovery-based statute of limitations and a flexible causation standard that accounts for the complexities of toxic exposure. The state uses a pure comparative fault system, meaning plaintiffs can recover damages even if they are largely at fault, and retains joint and several liability only in limited circumstances. Washington law permits both wrongful death and survival claims, allows full recovery of economic and noneconomic damages, and does not cap compensation. Although punitive damages are not allowed, the state’s courts have clarified that asbestos plaintiffs need only show that exposure was a substantial factor—without having to prove a specific cancer subtype. Understanding these nuances is critical for families seeking justice after a mesothelioma diagnosis.

Statutes of Limitation and Repose

Washington applies a three-year statute of limitations to personal injury claims, including asbestos-related diseases (RCW 4.16.080). The clock typically begins when the plaintiff knew or reasonably should have known that asbestos exposure caused their illness, under Washington’s discovery rule.

For wrongful death, the statute of limitations is also three years from the date of death (RCW 4.16.080, 4.20.010–.020). Survival actions may also be brought under RCW 4.20.046 and RCW 4.20.060.

Washington has a 12-year rebuttable presumption of useful life for products (RCW 7.72.060), but no separate statute of repose bars asbestos-related claims based on the passage of time alone.

Eligibility to Sue

People diagnosed with asbestos-related illnesses, including mesothelioma, may file a personal injury claim. After death, a wrongful death action may be brought by the personal representative for the benefit of the surviving spouse, domestic partner, children, or—if none—parents and siblings (RCW 4.20.020, RCW 4.20.060).

Washington also permits survival actions for damages incurred prior to death, including pain and suffering and emotional distress (RCW 4.20.046, RCW 4.20.060).

Workers’ Compensation Limitations

Washington’s Industrial Insurance Act bars civil suits against employers for non-intentional injuries sustained in the course of employment (RCW 51.04.010, RCW 51.32.010).

However, lawsuits may still be filed against third-party manufacturers or premises owners, and the state or self-insured employer may assert a lien or subrogation interest in the recovery (RCW 51.24.030). Claims against employers may only proceed if the employer had actual knowledge that injury was certain to occur and willfully disregarded that knowledge (RCW 51.24.020; Birklid v. Boeing Co., 127 Wn.2d 853).

Damages and Caps

Economic Damages: Fully recoverable, including medical bills, lost wages, and loss of earning capacity.

Noneconomic Damages: Fully recoverable with no statutory cap in asbestos cases.

Punitive Damages: Not permitted under Washington law, unless expressly authorized by statute (RCW 4.56.250; Sofie v. Fibreboard Corp., 112 Wn.2d 636).

Loss of Consortium: Recoverable through wrongful death actions under RCW 4.20.020, including loss of companionship and care.

Comparative Fault and Joint Liability

Washington uses pure comparative fault: plaintiffs may recover even if they are 99% at fault, though their award will be reduced proportionally (RCW 4.22.005).

Joint and several liability has largely been abolished under RCW 4.22.070, except in four cases:

1. The plaintiff is not at fault,

2. Defendants acted in concert,

3. A defendant is vicariously liable (agent/servant),

4. Certain hazardous materials claims.

In asbestos cases where the plaintiff is not at fault, modified joint and several liability applies to the at-fault defendants.

Collateral Source Rule

Washington generally does not follow the traditional collateral source rule. However, Washington courts may still allow plaintiffs to recover the full value of medical services, even if paid by insurance, depending on how evidence is presented.

Standards of Proof and Causation

Washington courts apply a “substantial factor” standard for proximate cause in asbestos cases, which is more flexible than traditional “but for” causation. A plaintiff must show that exposure to a defendant’s asbestos-containing product was a substantial factor in causing the plaintiff’s asbestos-related illness or death. This standard is designed to account for the difficulty in pinpointing a single cause in asbestos exposure scenarios.

In Clevenger v. John Crane, Inc., the court clarified that this substantial factor standard applies even where there is uncertainty in the precise biological mechanism that caused the asbestos-related disease. The court emphasized that a plaintiff need not prove the specific type of cancer (e.g., mesothelioma vs. asbestos-related lung cancer) so long as the overall theory that asbestos exposure was a substantial factor in causing an asbestos-related disease is supported by the evidence.

This means juries may consider alternative diagnoses and do not need to be instructed to consider only a single disease subtype, as long as all options are traceable to asbestos exposure. The decision underscores that reasonable inferences and differential diagnoses based on expert testimony are sufficient to reach the jury on causation.

Washington follows Evidence Rule 702 for admissibility of expert testimony. The state has not adopted Daubert, but courts still serve as gatekeepers to exclude speculation. Experts must be qualified and offer testimony that is both reliable and helpful to the trier of fact. Courts may consider whether the expert used accepted scientific methodology and whether there is support for their reasoning and conclusions.

In Clevenger, multiple experts were permitted to testify despite disagreement over pathology, and the court affirmed that the presence of a broad differential diagnosis—where mesothelioma, sarcoma, or carcinoma were all considered—did not undermine the plaintiff’s ability to reach the jury on proximate cause.

Wrongful Death and Survival Actions

Washington permits both wrongful death and survival actions:

• Wrongful death claims compensate surviving family members for pecuniary loss, companionship, and services, but not emotional grief (RCW 4.20.020).

• Survival claims allow recovery for the decedent’s own pain and suffering, medical expenses, and emotional distress before death (RCW 4.20.046; RCW 4.20.060).

Notably, RCW 4.24.010 allows parents of deceased adult children to sue for loss of companionship even if not financially dependent.

How Washington’s Laws Work in Practice

Meet Ron, a 76-year-old retired insulator who spent over 20 years working at the Puget Sound Naval Shipyard in Bremerton. From the 1960s through the early 1980s, he worked around boilers, pumps, and piping systems containing asbestos insulation and gaskets. In May 2024, Ron was diagnosed with pleural mesothelioma—a cancer almost always linked to asbestos exposure.

Because Washington uses a discovery-based statute of limitations, Ron’s three-year deadline to file began in May 2024, when he learned that his disease was likely caused by asbestos—not when the exposure occurred decades earlier. He has until May 2027 to file a personal injury lawsuit (RCW 4.16.080).

However, because Ron was a civilian employee at a federal facility, he cannot sue the U.S. Navy due to sovereign immunity, and he is barred from suing his employer under Washington’s Industrial Insurance Act—which provides workers’ compensation as the exclusive remedy for job-related injuries (RCW 51.04.010). He may still pursue claims against third-party product manufacturers, such as the companies that made the asbestos insulation, gaskets, and equipment he worked around.

If Ron were to pass away before filing suit, his family could bring both a wrongful death claim (RCW 4.20.010–.020) and a survival action (RCW 4.20.046, 4.20.060). The wrongful death claim allows recovery for the loss of Ron’s companionship and financial support, while the survival claim allows his estate to seek damages for the pain, suffering, and expenses he experienced before his death.

Washington follows a pure comparative fault system, so Ron can still recover damages even if a jury finds him largely responsible—though his award would be reduced by his percentage of fault (RCW 4.22.005). Washington has largely abolished joint and several liability, but if Ron is found not at fault, multiple defendants may be jointly liable under one of the narrow statutory exceptions (RCW 4.22.070).

Ron may recover full economic and noneconomic damages—there are no damage caps in asbestos-related cases. However, punitive damages are not permitted under Washington law, even if the product manufacturers acted with gross negligence.

To prevail, Ron’s attorneys must prove that specific asbestos-containing products were a substantial factor in causing his illness. The Washington Court of Appeals held in Clevenger v. John Crane, Inc. that Ron only needs to show, through expert testimony and reasonable inference, that his asbestos exposure significantly contributed to the development of his mesothelioma.

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

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

Our proprietary database contains detailed records of 1,613 asbestos exposure sites across 203 Washington communities—from Seattle's massive shipyards to the Boeing aircraft plants and the industrial facilities throughout the Puget Sound region. 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 Washington family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Washington 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 Washington 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 Washington database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from the naval shipyards of Bremerton to the Boeing plants of Seattle and the Kaiser shipyards of Vancouver.

For example, if you worked at the Bremerton Naval Shipyard where our database shows NARCO products were installed, we can file your NARCO trust claim immediately. While other firms would spend months investigating whether NARCO products were present at your workplace, we've already done that detective work. We can potentially recover $75,000 to $1,243,314 for mesothelioma cases depending on exposure level and diagnosis.

Asbestos Lawsuits

You can hold companies accountable through Washington's favorable court system. Our database strengthens your case with documented evidence and court precedents from Washington 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 Puget Sound Naval Shipyard and Boeing plants.

Our database contains detailed records from Washington's unique industrial sites, including testimony about which defendants' products were used in shipbuilding, aircraft manufacturing, and paper production. This gives us crucial evidence about product failures and safety violations specific to Washington's maritime and aerospace 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. Washington's extensive naval history means many residents have potential VA claims from service at the Puget Sound Naval Shipyard, naval air stations, or work on defense projects throughout the Pacific Northwest.

Our military records are especially valuable for veterans who served at Washington'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 Washington Mesothelioma Case?

Whether you were exposed to asbestos at the Puget Sound Naval Shipyard, Todd Shipyards, Boeing Aircraft Company, or any of Washington's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Washington:

• Three-year filing deadline from discovery under Washington's discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on economic or noneconomic damages in Washington

• Pure comparative fault allows recovery even if you're largely at fault

What We'll Do for Your Washington Family:

• Free case evaluation to determine all available compensation sources

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

• Aggressive lawsuit preparation against manufacturers and premises owners

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

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

Get started today. Our Washington mesothelioma team understands the massive maritime and aerospace legacy of the Evergreen 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