Pennsylvania asbestos law: what makes this state different

Pennsylvania has its own filing deadline, its own liability statute, and a Philadelphia court program devoted entirely to asbestos cases. Reviewed by Michael C. Schafle, Esq.

Michael C. Schafle, Esq., Pennsylvania mesothelioma lawyer
Michael C. Schafle, Esq. · Philadelphia

Pennsylvania handles asbestos injury claims under its own set of rules: a two-year filing deadline (42 Pa. C.S. § 5524), a liability statute called the Fair Share Act (42 Pa. C.S. § 7102), and a Philadelphia court program that has handled asbestos cases continuously since 1986 (In re: Asbestos Litigation, No. 1986-00001). If you or someone in your family was diagnosed with mesothelioma after working in Pennsylvania, these rules decide where the case is filed, who can be made to pay, and how long you have to act.

The four guides in this section explain each piece in plain English. Here is the short version of each, so you can go straight to the one you need.

Why Pennsylvania is its own asbestos venue

Asbestos law is state law for the most part, and Pennsylvania’s version grew out of its industrial history. Steel mills, shipyards, railroads, refineries, and asbestos product plants operated here for most of the twentieth century, and the workers they exposed filed their cases in Pennsylvania courts. Decades of those cases produced a body of statutes, court decisions, and court procedures that do not look like New Jersey’s or Ohio’s. A lawyer handling a Pennsylvania mesothelioma case is working inside that specific framework, not a generic national one.

The laws that decide who pays

Pennsylvania’s Fair Share Act (42 Pa. C.S. § 7102) controls how responsibility for a verdict is divided when more than one company is at fault, which is nearly always the situation in an asbestos case. The venue rules in the Pennsylvania Rules of Civil Procedure decide which county’s court can hear the case. Both are covered, with the court decisions that shape them, in Pennsylvania asbestos laws.

The Philadelphia asbestos docket

The Philadelphia Court of Common Pleas has run a dedicated asbestos program since 1986 under the master caption In re: Asbestos Litigation, No. 1986-00001. Cases from across the region move through it on a coordinated schedule rather than waiting in a general civil queue. Michael C. Schafle, Esq. is counsel in that docket. The full explanation of how the program works is at the Philadelphia asbestos docket.

How long you have to file

The general rule is two years under 42 Pa. C.S. § 5524, and for asbestos disease the clock generally starts when you knew or should have known about the injury and its cause, not when the exposure happened decades ago. There are exceptions in both directions, which is why nobody should decide on their own that a deadline has passed. The details are in the Pennsylvania asbestos statute of limitations.

Claims after a death

When mesothelioma takes a life, Pennsylvania law gives the family two related claims: a wrongful death action and a survival action (42 Pa. C.S. §§ 8301-8302). They compensate different losses and are usually filed together by the estate’s personal representative. Who can file, and how the two claims differ, is explained in wrongful death from mesothelioma in Pennsylvania.

What this means for your family

You do not need to master any of this. What matters is that Pennsylvania’s rules reward moving early: the deadline is short, the discovery record takes time to build, and the Philadelphia program moves on its own schedule. A single conversation with a lawyer who works in this system will tell you where your family’s case fits.

If you want that conversation, start with a free case review and we will look at the facts together.

Legally reviewed by Michael C. Schafle, Esq. · Founding Partner, Green & Schafle, LLC · July 29, 2026

Find Out Where Your Family Stands

The review is free, it commits you to nothing, and you will get a straight answer — including “you don’t need a lawyer for this.” Pennsylvania’s filing deadlines are short; finding out early costs nothing.

Not ready to talk to anyone yet? Read how Pennsylvania mesothelioma compensation actually works — no form, no phone call.

Start the Free Case Review Or call any time, day or night (484) 210-5825

No fee unless there is a recovery. The fee agreement and how case expenses work are explained in writing before anything is signed.

Green & Schafle, LLC · 2332 South Broad Street, Philadelphia, PA 19145

Call (484) 210-5825 Free Case Review