Asbestos Exposure Settlements in Tennessee

Asbestos Exposure Settlements in Tennessee

Asbestos exposure causes deadly diseases like mesothelioma, lung cancer, and asbestosis. Thousands of Tennessee workers from manufacturing plants, shipyards, power stations, and construction sites face these illnesses decades after their exposure ended.

If you or a loved one received a diagnosis linked to asbestos exposure, Tennessee law provides options for financial recovery.

While money won’t restore health, it can cover medical bills, lost income, and provide for your family’s future. Let’s explore how asbestos cases work in Tennessee and what affects settlement amounts.

Asbestos Exposure in Tennessee

Tennessee’s industrial history created many asbestos exposure sites. Workers in these places faced the highest risks:

Major Tennessee Asbestos Exposure Sites

  • Oak Ridge National Laboratory – Workers in nuclear facilities handled asbestos insulation and materials
  • Tennessee Valley Authority (TVA) power plants – Boiler rooms and generators contained extensive asbestos insulation
  • Chattanooga factories – Manufacturing facilities used asbestos in machinery and building materials
  • Memphis shipping operations – Shipyard workers encountered asbestos in vessel components
  • Nashville industrial sites – Construction and industrial workers regularly handled asbestos products

High-Risk Tennessee Industries

Certain industries put workers at particular risk:

  • Power generation – Boiler rooms and turbines were wrapped in asbestos insulation
  • Manufacturing – Production facilities used asbestos in equipment and buildings
  • Construction – Workers installed asbestos siding, flooring, and insulation
  • Shipbuilding – Ships contained asbestos in boiler rooms, pipes, and engine areas
  • Chemical plants – Heat-resistant equipment contained extensive asbestos components

Many Tennessee buildings constructed before the 1980s still contain asbestos materials that become dangerous when disturbed during renovation or demolition.

Types of Asbestos Claims Available in Tennessee

Tennessee law allows several types of claims for asbestos victims:

1. Personal Injury Lawsuits

If you’re diagnosed with an asbestos-related disease, you can file a personal injury lawsuit against companies responsible for your exposure. These claims seek compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Reduced quality of life
  • Loss of earning capacity

The severity of your illness significantly affects potential compensation. Mesothelioma cases typically result in the highest settlements because this rare cancer is exclusively caused by asbestos exposure and is always fatal.

2. Wrongful Death Claims

When someone dies from an asbestos-related disease, their family members can file a wrongful death lawsuit. These claims cover:

  • Medical bills before death
  • Funeral and burial expenses
  • Loss of financial support
  • Loss of companionship
  • Pain and suffering the victim experienced

Tennessee law allows the spouse, children, parents, or personal representative of the estate to file these claims.

3. Asbestos Trust Fund Claims

Many companies that manufactured or used asbestos products filed bankruptcy to reorganize their asbestos liabilities. As part of their bankruptcy proceedings, they established trust funds to compensate victims.

Over $30 billion remains in these trusts nationwide. Claims against these trusts:

  • Can be filed alongside lawsuits against non-bankrupt companies
  • Usually pay a percentage of the full claim value
  • Involve a simpler claims process than litigation
  • Often resolve more quickly than lawsuits

The payment amount depends on your diagnosis, exposure history, and the specific trust’s payment schedule.

4. Workers’ Compensation Claims

For recent exposures, Tennessee workers’ compensation may cover asbestos-related illnesses. However, most asbestos diseases develop 20-50 years after exposure, long past the time limit for workers’ comp claims.

Workers’ compensation generally provides more limited benefits than lawsuits but doesn’t require proving negligence.

Compensation Available for Tennessee Asbestos Victims

Tennessee law allows asbestos victims to recover several types of damages:

Economic Damages

These cover financial losses, including:

  • All medical treatment costs
  • Lost income during illness
  • Reduced earning capacity
  • Home health care expenses
  • Medical equipment needs
  • Travel costs for treatment

Economic damages are not capped in Tennessee. Your settlement or verdict can include all past and future financial losses related to your illness.

Non-Economic Damages

These address personal losses like:

  • Physical pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement
  • Physical impairment

Tennessee limits non-economic damages to $750,000 in most cases, but this can increase to $1 million for “catastrophic” injuries like mesothelioma.

Punitive Damages

In cases of extreme misconduct, punitive damages may be awarded. These apply when companies:

  • Knew about asbestos dangers but hid the information
  • Failed to warn workers despite knowledge of risks
  • Actively misrepresented the safety of asbestos products

Tennessee caps punitive damages at the greater of $500,000 or twice the compensatory damages awarded.

Factors That Affect Asbestos Settlement Amounts

Settlement values vary based on several key factors:

1. Diagnosis and Severity

The specific diagnosis significantly impacts compensation:

  • Mesothelioma – Average settlements range from $1 million to $1.4 million nationally
  • Lung Cancer – Typical settlements fall between $200,000 and $750,000
  • Asbestosis – Settlements generally range from $100,000 to $300,000

More severe symptoms, younger age at diagnosis, and faster disease progression all tend to increase settlement values.

2. Exposure History

Your work history matters for several reasons:

  • Duration of exposure – Longer exposure periods strengthen your case
  • Intensity of exposure – Direct handling of asbestos products increases claim value
  • Multiple exposure sites – Exposure at various locations may allow claims against more companies
  • Product identification – Ability to identify specific asbestos products strengthens claims

Cases with well-documented exposure histories typically result in higher settlements.

3. Evidence Quality

Strong evidence increases settlement amounts:

  • Medical records linking your condition to asbestos
  • Employment records showing work at known exposure sites
  • Testimony from coworkers confirming asbestos presence
  • Expert opinions on how exposure caused your illness
  • Product identification showing which companies are responsible

The more clearly you can establish the link between specific products/companies and your disease, the stronger your case becomes.

4. Company Liability

Different defendants affect claim values:

  • Some companies have more extensive liability histories
  • Certain products contained more dangerous forms of asbestos
  • Some manufacturers knew about risks earlier than others
  • Bankruptcy trust payment percentages vary significantly

An attorney with experience in Tennessee asbestos cases will know which companies historically paid higher settlements.

Tennessee’s Statute of Limitations for Asbestos Claims

Tennessee law gives asbestos victims one year from the date of diagnosis (for personal injury claims) or the date of death (for wrongful death claims) to file a lawsuit under Tenn. Code § 29-34-707.

This time limit is short, so it’s crucial to act quickly. Fortunately, the statute of limitations begins at the point of discovery—meaning the one-year clock starts when the asbestos-related illness is diagnosed or reasonably should have been diagnosed—not at the time of exposure, which often occurred decades earlier.

Tennessee’s Comparative Fault Rules in Asbestos Cases

Tennessee follows “modified comparative fault” rules in injury cases, including asbestos claims:

  • If you’re found partially responsible for your injuries (like smoking while exposed to asbestos), your compensation may be reduced by your percentage of fault
  • If you’re found 50% or more at fault, you cannot recover damages

Defendants often argue smokers bear partial responsibility for lung cancer, even when asbestos exposure occurred. An experienced attorney can counter these arguments by showing how asbestos exposure significantly increases cancer risk even for smokers.

Frequently Asked Questions

Can family members who developed mesothelioma from secondhand exposure file claims?

Yes. Tennessee courts recognize “take-home” or secondhand asbestos exposure claims. If you developed an asbestos-related disease from fibers brought home on a family member’s work clothes, you can file a claim against the companies responsible for the exposure.

How long do asbestos cases take to resolve in Tennessee?

The timeline varies based on your health condition and claim type. Expedited processes exist for seriously ill plaintiffs:

  • Trust fund claims typically resolve in 3-6 months
  • Lawsuits often take 1-2 years to reach settlement or trial
  • Cases involving multiple defendants may take longer

Mesothelioma cases are usually fast-tracked due to the limited life expectancy after diagnosis.

What if I was exposed to asbestos in multiple states?

If your exposure occurred in Tennessee and other states, you may have options about where to file your lawsuit. An attorney can help determine which jurisdiction offers the most favorable laws and potential compensation. You’ll need to file within the appropriate state’s statute of limitations.

Can I file a claim if the company that exposed me no longer exists?

Yes, in many cases. Options include:

  • Filing claims against successor companies that acquired the original business
  • Making claims against bankruptcy trusts established by the defunct company
  • Pursuing claims against other companies that manufactured products used at your workplace

An attorney who handles Tennessee asbestos cases can track down all potentially liable parties.

We Help Tennessee Asbestos Victims Get the Justice They Deserve

Asbestos exposure causes more than illness—it causes lifelong consequences for workers and families who were never warned of the danger. At The Higgins Firm, we focus on helping Tennessee asbestos victims hold the right companies accountable.

Whether your exposure happened decades ago in a factory, shipyard, or construction site, we understand how to build strong asbestos cases rooted in Tennessee’s industrial history and backed by medical evidence.

If you or a loved one has been diagnosed with mesothelioma, asbestosis, or lung cancer linked to asbestos, call The Higgins Firm today. We’re here to help you fight for the compensation you need—and the justice you’re owed.

Author Bio

Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.

Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.

Google | Linked In | Avvo | State Bar Association