Whether you were exposed to asbestos in Memphis, Nashville, Knoxville, or anywhere in Tennessee, it is important to consult with an attorney who knows how mesothelioma litigation works in your state. Wallace & Graham has a proven record of success obtaining verdicts and settlements for asbestos victims from Tennessee, throughout the Southeast, and across the nation.
Contact our mesothelioma litigation lawyers to discuss your possible personal injury or wrongful death lawsuit. We offer a free consultation at 800-849-5291.
| Martindale-Hubbell Distinguished Rating – Bill Graham | 2020 Public Justice Trial Lawyer of the Year – Mona L. Wallace | $32.7M Verdict: Largest Single-Plaintiff Mesothelioma Verdict in NC History* | Decades of Combined Legal Experience |
*Prior results do not guarantee outcomes in future cases
Mesothelioma is a rare form of cancer affecting the lining of the lungs that takes many years to develop. The only known cause of mesothelioma is exposure to asbestos. Many people who worked in power plants, chemical plants, Navy vessels, and other job sites in Tennessee decades ago are now finding out they have mesothelioma because they inhaled asbestos particles on the job.
Tennessee’s industrial history created many paths for asbestos exposure. The Oak Ridge federal reservation in Anderson and Roane Counties is one of the largest. Workers at the Y-12 National Security Complex, the K-25 gaseous diffusion plant, and Oak Ridge National Laboratory handled asbestos insulation, gaskets, and protective gear for decades starting with the Manhattan Project in the 1940s.
Chemical and manufacturing plants in Kingsport, Memphis, Chattanooga, and Nashville also used large amounts of asbestos-containing insulation, cement, and gaskets. The Tennessee Valley Authority, the nation’s largest public power provider, exposed workers at its coal, gas, and nuclear power plants. The Navy also operated a large support facility in Millington, where sailors and civilian workers handled asbestos-insulated pipes, boilers, and mechanical equipment. Automotive plants, paper mills, and shipyards added to the state’s exposure risk.
Family members of these workers faced risk too. Tennessee courts recognize “take-home” exposure claims, where asbestos fibers carried home on a worker’s clothing exposed a spouse or child. Wallace & Graham represented the family in Satterfield v. Breeding Insulation Co., 266 S.W.3d 347 (Tenn. 2008), the case that established this rule in Tennessee. The firm’s client, Amanda Satterfield, developed mesothelioma from asbestos her father brought home on his work clothes from an Alcoa plant. The Tennessee Supreme Court ruled that an employer can be held liable for this kind of secondhand exposure, a decision that still protects Tennessee families today.
Tennessee gives asbestos victims very little time to act. Under Tenn. Code Ann. § 28-3-104, you generally have only one year to file a personal injury or wrongful death claim. This is one of the shortest deadlines in the country.
The one-year clock does not start on the day you were exposed to asbestos. It starts later, under the discovery rule in Tenn. Code Ann. § 29-34-707. Your claim generally begins on the earliest of three dates: the date you were diagnosed with an asbestos-related illness, the date you discovered facts that would lead a reasonable person to seek a diagnosis, or the date of death. Because mesothelioma can take 20 to 50 years to develop after exposure, this rule lets you file based on one of these dates rather than a decades-old exposure date.
Missing this deadline can end your right to sue the companies responsible for your illness. If you or a family member was recently diagnosed with mesothelioma or another asbestos-related disease, contact a lawyer as soon as possible so evidence and deadlines are protected.
Tennessee mesothelioma victims may have more than one path to compensation, and pursuing them together does not reduce what you can recover from any single source. An attorney who regularly handles Tennessee asbestos cases can help identify every option that applies to your situation.
A personal injury or wrongful death lawsuit lets you seek damages from the companies that made or sold the asbestos products that caused your illness. Tennessee law does not cap economic damages such as medical bills and lost wages. Non-economic damages, such as pain and suffering, are generally capped at $750,000 under Tenn. Code Ann. § 29-39-102, with a higher cap of $1 million allowed for catastrophic injuries. This cap can also be lifted entirely in certain situations, such as if the defendant hid or destroyed records to avoid being held responsible. Asbestos cases sometimes involve claims that a company knew about the dangers and covered them up, so this exception can matter.
Asbestos trust funds are a separate option. Companies that filed for bankruptcy after facing asbestos lawsuits set aside more than $30 billion nationwide to pay future claims. Some Tennessee workers qualify to file with several trusts based on the products and job sites involved in their case.
Workers who developed an asbestos-related illness from employment at Oak Ridge facilities may also qualify for federal compensation through the Energy Employees Occupational Illness Compensation Program Act, (EEOICPA) which can pay up to $400,000 combined between its two benefit parts, along with medical coverage for the covered illness.
Our lawyers are committed to helping victims of mesothelioma and their family members recover fair and just compensation for the hardships they have faced due to asbestos-related diseases. We also work aggressively to hold the negligent parties accountable for their actions. If you suffer due to mesothelioma in Tennessee, we also want to direct you to the health care resources you need. Quality medical treatment can prolong life and ease the painful symptoms in some cases.
A few Tennessee rules shape how asbestos cases are handled in the state’s courts. Tennessee follows a modified comparative fault rule. If you are found 50% or more at fault for your own exposure, you cannot recover any damages. If you are found less than 50% at fault, your award is reduced by that percentage. Currently, asbestos exposure is the only known cause of mesothelioma. Therefore, comparative fault is rarely a successful argument for defendants in mesothelioma cases.
Tennessee law does not allow class action lawsuits for asbestos claims. Each case must be filed and proven individually, which is one reason experienced legal representation matters.
Companies that acquired other companies with asbestos liabilities face limits on how much they can be held responsible for, based on the value of the company they acquired.
Tennessee law also does not allow compensation for the fear of developing an asbestos disease in the future, only for the disease itself once it is diagnosed.
Most Tennessee asbestos lawsuits are filed in the circuit court of the county where the exposure took place or where a defendant company does business, such as the Circuit Courts for Shelby County (Memphis), Davidson County (Nashville), Knox County (Knoxville), or Hamilton County (Chattanooga).
You generally have one year from the date of diagnosis or the date you reasonably should have known about the diagnosis to file a claim. Surviving family members generally have one year from the date of death to file a wrongful death case.
Yes. Tennessee’s discovery rule starts the one-year clock at diagnosis or when you should have known about the diagnosis. It does not start on the date of exposure, so a decades-old exposure does not automatically bar your claim.
No. Trust fund claims are separate from lawsuits and from federal programs like EEOICPA, so pursuing one does not reduce what you can recover from the others.
You may qualify for both a personal injury lawsuit against the manufacturers of the asbestos products you were exposed to and federal compensation through the EEOICPA. Your lawyer can explain all potential sources of compensation and the steps you need to take to protect your rights.
No. You may be able to file in Tennessee if your asbestos exposure occurred in the state, even if you live elsewhere now. The right venue depends on the specific facts of your case.
Partners Bill Graham and Mona Lisa Wallace have nearly 40 combined years in mesothelioma litigation, supported by a dedicated team of experienced lawyers, paralegals, and support staff.
Our No. 1 concern is ensuring that clients get proper diagnosis and timely medical treatment.
Call 800-849-5291 or contact us online for your free case evaluation. We represent clients from Tennessee, North Carolina, throughout the Southeast, and nationwide.