What Is Primary Asbestos Exposure?
Primary exposure (also called direct or occupational exposure) occurs when a person directly handles, works with, or is in close proximity to asbestos-containing materials in their workplace. This is the most common type of exposure leading to mesothelioma.
Workers in certain industries were exposed to asbestos fibers daily—often without warning or protective equipment—because manufacturers knew the dangers but concealed them for decades. This knowledge forms the basis for legal claims.
Primary vs. Secondary Exposure
- Primary: You worked directly with asbestos products
- Secondary: You were exposed through contact with someone who worked with asbestos (e.g., washing a worker's clothes)
High-Risk Occupations
Certain jobs carried extremely high risks of asbestos exposure, particularly from the 1940s through the 1980s:
| Occupation | Risk Level | Common Products |
|---|---|---|
| Shipyard Workers | Very High | Pipe insulation, boilers, gaskets |
| Construction Workers | Very High | Insulation, drywall, roofing |
| Power Plant Workers | High | Boilers, turbines, insulation |
| Electricians | High | Wire insulation, electrical panels |
| Mechanics | High | Brake pads, clutches, gaskets |
| Pipefitters/Plumbers | Very High | Pipe insulation, joint compound |
| Insulators | Very High | All types of asbestos insulation |
| Boilermakers | Very High | Boiler insulation, gaskets |
Military veterans also face elevated risk, particularly those who served in the Navy, Army, or worked in shipyards. Over 30% of mesothelioma patients are veterans.
Evidence Requirements
To pursue a primary exposure lawsuit, attorneys typically need to establish:
1. Proof of Diagnosis
- Pathology reports confirming mesothelioma
- Medical records from treating physicians
- Imaging studies (CT scans, X-rays, PET scans)
2. Exposure History
- Employment records showing where and when you worked
- Description of job duties involving asbestos
- Identification of specific asbestos-containing products used
- Co-worker testimony or affidavits
- Union records, if applicable
3. Product Identification
- Brand names of products you worked with
- Manufacturer identification
- Historical records showing asbestos content
Documentation Tip
Many attorneys work with investigators who specialize in tracing asbestos products at specific worksites. Even if you don't remember exact brand names, an experienced mesothelioma lawyer can often identify the responsible companies through historical records and databases.
Who Can Be Sued?
Primary exposure lawsuits can target multiple types of defendants:
- Asbestos product manufacturers: Companies that made the products you used
- Suppliers and distributors: Those who sold the products
- Premises owners: Property owners who allowed asbestos use on their sites
- Contractors: Companies responsible for installation or removal
- Employers: In limited circumstances (workers comp may apply)
Many original asbestos companies are now bankrupt, but their asbestos trust funds hold billions of dollars to compensate victims. Patients often file claims with multiple trusts in addition to lawsuits against solvent defendants.
Types of Compensation
Successful primary exposure lawsuits can recover:
Economic Damages
- Medical expenses (past and future)
- Lost wages and earning capacity
- Out-of-pocket costs
- Home care and assistance
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for spouse)
Punitive Damages
- Awarded in egregious cases
- Punishes reckless conduct
- Can significantly increase total award
Average settlements for mesothelioma cases range from $1 million to $1.4 million, while verdicts can exceed $10 million depending on the strength of evidence and defendants' conduct.
Statute of Limitations
Personal injury lawsuits for mesothelioma have strict filing deadlines that vary by state. The clock typically starts from:
- Date of diagnosis: When mesothelioma is confirmed
- Discovery date: When you knew or should have known about the disease
Deadlines range from 1 to 6 years depending on the state. Missing the deadline means losing your right to sue—forever.
Act Quickly
Some states have deadlines as short as 1 year. If you've been diagnosed with mesothelioma, contact an attorney immediately to preserve your legal options.
How to File a Primary Exposure Lawsuit
- Free consultation
Most mesothelioma attorneys offer free case evaluations and work on contingency (no fees unless you win).
- Case investigation
Your legal team investigates your work history, identifies exposure sites, and determines responsible companies.
- Filing the lawsuit
The complaint is filed in the appropriate court, naming all identified defendants.
- Discovery and depositions
You may need to provide a video deposition about your work history and exposure. This is often done at your home or a convenient location.
- Settlement or trial
Most cases settle before trial, but your attorney prepares for both outcomes.
Important Considerations
MesoWatch provides educational information, not legal advice. Your situation is unique. An experienced mesothelioma attorney can evaluate your specific exposure history, identify all potential defendants, and guide you through the legal process.