Filing an Asbestos Claim in North Carolina 

North Carolinians diagnosed with an asbestos-related disease have the option of filing a personal injury lawsuit, wrongful death lawsuit or asbestos trust fund claim. An experienced North Carolina mesothelioma attorney can trace your asbestos exposure and determine your eligibility to file a claim. North Carolina is a state where you have a limited time to file an asbestos lawsuit.

Key Facts About Filing in North Carolina

  1. The statute of limitations for filing an asbestos-related personal injury claim is 3 years from the date of your diagnosis. Wrongful death claims have a limit of 2 years from the death of a loved one.
  2. State laws passed in 2018 require all asbestos plaintiffs to file a trust fund claim before suing.
  3. Federal courts in North Carolina use the Lohrmann test, also known as the “frequency, regularity and proximity test,” to evaluate causation in asbestos cases. This means asbestos plaintiffs must prove that a defendant’s product was a significant factor in causing their illness.

Hiring an experienced North Carolina mesothelioma attorney familiar with the state’s asbestos laws is important. Skilled asbestos attorneys specialize in securing the maximum compensation for your asbestos lawsuit. They’ll work with you to ensure you receive the financial damages you may be entitled to.

Why Hire a North Carolina Mesothelioma Lawyer After Asbestos Exposure?

Some benefits of working with a mesothelioma lawyer include expert legal guidance, reduced stress throughout the legal process and maximization of your potential compensation. Mesothelioma lawsuits are complex, involving multiple parties and different legal rules in each state. A knowledgeable mesothelioma lawyer specializes in this area of law. 

Hiring an experienced North Carolina asbestos lawyer means you don’t have to navigate the legal process alone amid a mesothelioma diagnosis. Your attorney can help gather evidence to support your case, including medical records, work history and witness testimonies. Working with a top mesothelioma lawyer can impact your case, ensuring you receive fair compensation while allowing you to focus on your health and well-being.

North Carolina Mesothelioma Law Firms

Your ideal law firm will have a successful track record winning asbestos cases like yours. Choosing a top North Carolina mesothelioma law firm is key to building a solid case to ensure a favorable outcome.

meirowitz & wasserberg logo
105 N 6th St
Wilmington, NC 28401
  • $50 Million Recovered
  • Serves Clients Nationwide
  • Rated in the Top 10 Asbestos and Mesothelioma Trial Lawyers

Law firms in North Carolina have successfully won awards for their clients. For example, a research biologist in Cary, North Carolina, was awarded $4.3 million in an asbestos suit. An engineer in LaGrange, North Carolina, secured $3.2 million with the help of Simmons Hanly Conroy.

Nationwide Asbestos Law Firms Outside North Carolina

Residents of North Carolina should consider working with a nationwide mesothelioma law firm. These firms have handled many different types of cases in multiple states. They have the experience to assess your case and determine the best state in which to file your claim.

Weitz and Luxenburg
700 Broadway
New York, NY 10003
  • $8.5 Billion Recovered
  • Serves Clients Nationwide
  • Rated #1 by U.S. News & World Report for 2022
Simmons Hanly Conroy Logo
1 Court St
Alton, IL 62002
  • $8.9 Billion Recovered
  • Serves Clients Nationwide
  • Rated a Tier 1 Law Firm in 2022 by U.S. News & World Report
Nemeroff Law Firm Logo
8226 Douglas Avenue Suite 740
Dallas, TX 75225
  • $500 Million Recovered
  • Serves Clients Nationwide
  • Rated a “Hall of Fame” law firm by The Legal 500
Cooney & Conway Logo
120 N Lasalle Street Suite 3000
Chicago, IL 60602
  • $7 Billion Recovered
  • Serves Clients Nationwide
  • Rated a National Tier 1 Firm by U.S. News & World Report in 2022
Galiher DeRobertis & Waxman
820 Mililani Street Suite 505
Honolulu, HI 96813
  • $600 Million Recovered
  • Serves Clients Nationwide
  • 30+ Years Experience

Top national asbestos law firms have experience holding negligent corporations accountable. They have the resources and expertise to take large corporations to court and help you get the compensation you deserve. Nationwide mesothelioma law firms are also able to come to you. The firm’s representatives travel across the country to meet with clients regularly because they’re aware of the travel limitations mesothelioma imposes on plaintiffs.

Asbestos Compensation in North Carolina 

Asbestos litigation in North Carolina reflects the state’s history of asbestos exposure at mines, power plants, chemical factories, schools, military bases and naturally occurring asbestos deposits. Some lawsuits filed in North Carolina have led to millions of dollars in mesothelioma compensation. Most asbestos lawsuits become settlements before going to trial.

Notable North Carolina Settlements and Verdicts

  • $32.7 Million: Ann Finch was awarded $32.7 million in 2018 by a North Carolina jury for her husband’s death from mesothelioma, which she claimed was caused by exposure to asbestos insulation manufactured by Covil Corp. In 2019, a North Carolina federal judge refused the defendant’s request to overturn the verdict.
  • $9.6 Million: Secondhand asbestos exposure verdict for a person in Monroe, North Carolina.
  • $5.4 Million: Awarded to a union electrician in New Bern, North Carolina. 

Experienced mesothelioma attorneys are known to secure settlements ranging from $1 million to $2 million. Additionally, they can recover six-figure payouts from asbestos trust funds. Mesothelioma verdicts are typically higher than settlements; they range from $5 million to $11.4 million. Every case is unique; contact your lawyer for details that may affect your claim.

North Carolina Asbestos Laws and Regulations

A combination of federal and state laws regulates asbestos throughout North Carolina. The North Carolina Department of Health and Human Services oversees asbestos work. Its Health Hazards Control Unit accredits and certifies asbestos professionals and educates the public about asbestos risks.

North Carolina Asbestos Laws and Regulations

  • North Carolina General Statutes Chapter 1, Section 1-139: Defines North Carolina’s negligence laws.
  • North Carolina General Statutes Chapter 1, Section 1-52: Defines North Carolina’s statutes of limitations.
  • North Carolina General Statutes Section 130A-444: Defines rules for asbestos exposure in public places, permitting for abatement projects and accreditation of abatement professionals.
  • North Carolina General Statutes Section 130A-22(b1)-(b2): Defines the penalties for violating the state’s asbestos laws.
  • North Carolina Administrative Code Section 10A: Defines the rules for asbestos air quality and requirements for asbestos renovation and demolition projects.

The North Carolina Department of Labor oversees the risks of asbestos exposure in the workplace. Under the National Emission Standards for Hazardous Air Pollutants standards, asbestos regulation also applies to the owner or operator of demolition or renovation activities.

How Are People Exposed to Asbestos in North Carolina?

Most people in North Carolina experienced asbestos exposure at work. With 3 large military bases in the state, veterans who served in North Carolina may have been exposed to asbestos at their barracks or training facility. Workers at mines, power plants, chemical factories and schools across the state may have been exposed to asbestos fibers. Naturally occurring asbestos is also found in the state’s western portion around the Appalachian Mountain range.

Sites in North Carolina Known for Asbestos Exposure

  • Appalachian State University: In 2014, a former residence hall was demolished after undergoing asbestos abatement. Winkler Hall was found to have asbestos in the floor tile, ceiling surfacing, joint compound and thermal system insulation. In total, the 10-story building had 104 tons of asbestos-containing materials removed.
  • New Hanover County Correctional Center: Asbestos and lead paint were found during maintenance work in 2019. 
  • Owens-Corning Fiberglass Charlotte Campus: The company sold and manufactured various asbestos products between 1953 and 1972. Following thousands of asbestos-related lawsuits, it filed for bankruptcy in 2000. An asbestos trust fund was created in 2006.
  • University of North Carolina at Chapel Hill: According to a July 2023 report from UNC, 10 residence halls at the university were found to have asbestos-containing materials. The university says the discovery could have exposed more than 2,700 residents to asbestos in the past year.  

Asbestos in public buildings and schools across North Carolina remains a concern. Legacy asbestos remains in many structures built before the 1980s. Before then, most buildings were constructed with asbestos-containing materials and are likely to contain some form of asbestos. Even if the asbestos in a building is considered safely contained, renovation or demolition can pose an exposure risk.

For example, a Madison County administrative building was closed in 2018 when asbestos was found during a carpet replacement project. Workers found asbestos tiles and glue underneath the old carpet. The building, which also serves as a voting site, was closed for weeks to remove the asbestos-contaminated materials safely.

Tests for asbestos and lead began in 2023 at all schools and daycares across North Carolina. The 3-year process started with elementary schools, then tests at schools with low-income students before testing at all schools built before 1988. Once the testing of 3,100 schools and 5,700 daycares is complete, results will be posted on a public website. 

Occupations & Industries Known for Asbestos Exposure in North Carolina

Some of North Carolina’s talc mines were contaminated with asbestos, which led to talc miners developing asbestos-related diseases. In addition to mining operations, many people in North Carolina have been exposed to asbestos through various occupations, such as military bases, manufacturing plants, power plants and schools.

High-Risk Jobs in North Carolina 

  • Asbestos mining
  • Asbestos product production
  • Chemical production
  • Construction
  • Farming operations
  • Firefighting
  • Forestry
  • Manufacturing
  • Military operations
  • Oil refining
  • Power generation
  • Talc mining
  • Teaching

Firefighters in North Carolina are particularly vulnerable to legacy asbestos found in older public, commercial, industrial and residential structures across the state. The North Carolina Insurance Commissioner’s office has shared data showing that malignant mesothelioma was one of the most prevalent occupational cancers that firefighters reported. Legislation passed in July 2024 creates a Firefighter’s Health Benefits pilot program. The initiative grants permanent financial benefits to firefighters diagnosed with occupational cancers. 

Companies can be held responsible for secondhand asbestos exposure in North Carolina. Usually referred to as a “take-home duty,” secondhand exposure happens when someone who works with asbestos inadvertently brings home dangerous fibers on their hair, clothing or skin. Secondary exposure is just as hazardous as primary exposure. 

Continued Learning

Asbestos Manufacturers
Cite This Article
Recommended Reading
  •  
  •  
  •  
Tell us what you think
Did this article help you?