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can you actually sue for asbestos exposure or do you need to have meso first

Patient · · 515 views
So I've been trying to figure out if I could have filed something back when I first got sick in like 2023, before the diagnosis came through in November. My exposure was pretty clear cut, I worked at the Johns-Manville plant on East 55th from 1978 to 1985 and they knew what asbestos did even then. But I didn't know I had meso until this year.

I'm wondering if there's a difference between suing because you were exposed versus suing because you actually developed a disease from it. Like do you have to wait until you get diagnosed with something to have a case, or can you go after them just for the exposure itself.

I ask because I remember getting these respiratory issues back in the early 2000s and went to a doctor about it but nothing came of it. If I could have sued then would that have been different than now.

Also curious if the statute of limitations starts from when you were exposed or when you get diagnosed because that seems like it would matter a lot depending on which one it is.

8 Replies

Veteran
Yeah you gotta have the diagnosis to have a real case, that's what I learned going through this whole thing. Exposure alone doesn't cut it legally, you need the actual disease. Good news is the clock usually starts from diagnosis not exposure, so you're not screwed on timing.
Veteran
Got my diagnosis June of this year after a routine VA screening caught it, so I get what you're asking about the timing. What I found out is the statute clock runs from when you got diagnosed, not from exposure back in '78. That's actually worked in my favor because even though I was on the Oriskany handling asbestos insulation for twenty years, nobody knew I had meso until 2025. Your respiratory stuff in the early 2000s probably wouldn't have gotten you anywhere legally without the actual diagnosis to back it up. The exposure alone, even if it was documented like yours was at the plant, doesn't meet the burden of proof. You need the disease to show causation. Talk to someone who specializes in this though because every state handles it different and your situation with those early symptoms might matter more than you think when they're building the timeline.
Attorney Expert Response
Good question and one that comes up constantly in asbestos cases. The short answer is that exposure alone typically isn't enough to file a claim, you generally need a diagnosed disease. Courts have wrestled with this for decades and most jurisdictions landed on requiring actual physical harm, not just the risk of it.

The statute of limitations piece is where it gets really interesting for your situation. Most states use what's called the "discovery rule," meaning the clock starts when you knew or reasonably should have known you had a disease caused by asbestos exposure. Not when you were exposed. That 1978 to 1985 timeframe at Johns-Manville wouldn't start your clock. Your 2023 diagnosis very likely did.

Now, that early 2000s doctor visit you mentioned... that's worth looking at carefully. If a physician documented respiratory symptoms and connected them to asbestos exposure at that time, some courts could argue the clock started then. I had a client once where a 2004 pulmonologist note became the centerpiece of the entire limitations argument. It went three rounds before we got clarity on it. So pull those old records if you still can.

Johns-Manville specifically is significant because they filed bankruptcy in 1982 and the Manville Personal Injury Settlement Trust was established afterward. Claims against that trust follow a different process than traditional litigation, with their own eligibility criteria and filing procedures.

The 2023 versus November diagnosis timing question is something an attorney really needs to dig into with your specific state's law. Please consult an attorney for your specific situation, because limitations rules vary significantly and some states have asbestos-specific statutes that change the analysis entirely.
3 found this helpful
Patient
That discovery rule thing is exactly what I needed to understand. So if my clock started in 2023 when I first got symptoms and saw that doctor, does that mean I'm already eating into my window even though I wasn't officially diagnosed until November? I've got my medical records from back then somewhere, I keep pretty detailed notes on everything health-related. The timing feels important since I'm now evaluating HIPEC options and want to make sure I'm not letting something slip through the cracks legally while I'm focused on treatment.
Patient
I'm dealing with this exact question right now actually, since my diagnosis just came through in November. The short answer from what I've learned talking to people and doing research is that most cases are filed after diagnosis, not just for exposure alone. The legal threshold seems to be having an actual disease tied to the exposure, not just the exposure itself.

In my case, I worked at the Johns-Manville plant on East 55th from 1978 to 1985, same timeline as you basically, and I had respiratory issues pop up way back in the 1990s. My doctor back then didn't connect it to asbestos exposure even though it should have been obvious given where I worked. I didn't get formally diagnosed with peritoneal mesothelioma until November 2025, and that's when the legal pieces started falling into place. Before that diagnosis I had nothing concrete to point to legally speaking.

The statute of limitations thing is what gets tricky. From what I understand, it typically runs from the date of diagnosis, not from initial exposure. Which actually works in our favor given how long these diseases take to develop. If it ran from 1978 when I was first exposed, I'd be way past any filing window. But since it runs from diagnosis, I'm still within the window even though I'm 47 years old and the exposure was decades ago.

The respiratory issues you had in the early 2000s, those probably wouldn't have been enough on their own to file a case. You'd need pathology reports, imaging, an actual diagnosis of a disease caused by asbestos. Which is frustrating because we both know where the exposure came from and when, but the law wants documented medical proof that asbestos caused specific damage.

I'm still evaluating my options but I'm keeping detailed records of everything now, my symptom journal, all my medical imaging from the past few years that shows the progression. That documentation seems to matter a lot in how these cases develop.
Family
Oh man, I'm sorry you're dealing with this. My mom's situation is kind of the opposite where we knew right away it was mesothelioma, but I've learned a lot about the legal side since her diagnosis in August and honestly the timeline stuff is so confusing.

From what I understand talking to the people helping us, you typically need an actual diagnosis to have a case. Like, exposure alone isn't enough even if it was super obvious they were exposing people to asbestos. It's frustrating because you knew something was wrong back in the 2000s but that respiratory issue didn't get documented as mesothelioma or an asbestos disease, so it's different legally. The statute of limitations thing is the tricky part and it varies by state, but from what I've gathered it usually starts counting from when you got diagnosed, not from exposure. So the fact that you weren't diagnosed until November might actually matter in your favor depending on Arizona law and where you were working.

But honestly I'm not the person to ask about the actual legal stuff. We had to get someone who specializes in this and they explained all the dates and deadlines to us. The good news is if your exposure was that documented, that's actually a strong position. I'd really recommend talking to someone who handles these cases because the rules are so specific and I don't want to steer you wrong.

How are you doing with the diagnosis right now? That's the part that's been hardest for us.
Family
honestly the timeline stuff is what's killing me right now because i'm trying to figure out if i messed up by not doing anything sooner, like if those respiratory issues in the early 2000s would've given me a case back then. it's scary not knowing if you're running out of time.
Attorney Expert Response
Patricia raises something worth zeroing in on. That 2000s doctor visit could actually matter more than people realize, and here's why it cuts both ways. If that physician documented respiratory symptoms and noted possible occupational exposure, some jurisdictions might argue the "discovery" clock started then, not at the meso diagnosis. I've seen cases where defendants tried exactly that argument in Ohio state court around 2019, pointing to a 2004 pulmonology note as the trigger date.

But most states have specifically addressed this for asbestos. The discovery rule typically ties to when you knew or reasonably should have known you had an asbestos-related disease, not just any respiratory complaint. A general "breathing issues" note from 2001 is very different from a diagnosis of asbestosis or mesothelioma.

The Johns-Manville exposure you mentioned is actually significant on its own. That company's knowledge of asbestos dangers by the late 1970s is extremely well documented, which matters for liability, not just for causation. Talk to an attorney about your specific situation before assuming that early doctor visit hurts you.
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