Asbestos lawsuits remain an important area of U.S. product-liability and personal-injury law decades after widespread use of the mineral declined. Workers in construction, shipyards, factories, power plants and other industries were historically exposed to asbestos-containing insulation, gaskets, flooring, cement products and machinery. Because asbestos-related diseases can take decades to appear, new claims continue to be filed over exposure that occurred many years ago.
The U.S. Environmental Protection Agency identifies mesothelioma, lung cancer and asbestosis among the major health effects associated with asbestos exposure. Symptoms may not develop until many years after exposure.
Why Are Asbestos Lawsuits Filed?
Most asbestos lawsuits allege that a company manufactured, supplied, distributed or used asbestos-containing products without adequately warning workers and consumers about the risks.
A person diagnosed with mesothelioma or another asbestos-related disease may attempt to identify the products and companies responsible for exposure. Depending on state law and the circumstances, defendants can include product manufacturers, suppliers, contractors, property owners and other businesses connected with the exposure.
Plaintiffs commonly bring claims based on product liability, negligence and failure to warn. The exact legal theories differ from state to state.
Mesothelioma Is a Major Focus of Asbestos Litigation
Mesothelioma is a rare cancer affecting the lining around organs, most commonly the tissue surrounding the lungs. It is strongly associated with asbestos exposure.
One reason asbestos litigation has continued for so long is the lengthy latency period between exposure and diagnosis. Federal court materials discussing the massive asbestos litigation docket note that asbestos-related diseases can have latency periods of roughly 40 to 50 years.
This means someone exposed while working decades ago may only recently receive a diagnosis and begin investigating a possible legal claim.
Who Can File an Asbestos Lawsuit?
A person diagnosed with an asbestos-related disease may be able to file a personal-injury lawsuit. If the person has died, certain surviving family members or representatives of the estate may be permitted to bring a wrongful-death claim.
Eligibility depends on factors including the diagnosis, evidence of asbestos exposure, the companies involved and the law of the state where the claim is brought.
There are also filing deadlines known as statutes of limitations. These deadlines vary significantly by state. In asbestos cases, the relevant period often depends on the date of diagnosis, discovery of the disease or death rather than simply the date when the original exposure occurred.
Are Asbestos Lawsuits Class Actions?
Usually, modern asbestos cases are handled as individual personal-injury or wrongful-death claims rather than one nationwide class action.
The history of federal asbestos litigation helps explain why. A proposed mass asbestos settlement class covering potentially hundreds of thousands of people was rejected, and the U.S. Supreme Court affirmed the decision in Amchem Products, Inc. v. Windsor in 1997 because the proposed class did not satisfy federal class-action requirements.
Federal courts have nevertheless coordinated large numbers of asbestos cases through multidistrict litigation, including MDL 875, In re Asbestos Products Liability Litigation.
What Are Asbestos Bankruptcy Trusts?
Many companies facing substantial asbestos liabilities entered bankruptcy and created special trusts to compensate present and future asbestos claimants.
Section 524(g) of the U.S. Bankruptcy Code allows qualifying companies to channel certain asbestos liabilities into trusts established as part of bankruptcy reorganization.
A U.S. Government Accountability Office study found that 60 asbestos personal-injury trusts had been established by 2011 with approximately $37 billion in total assets. The GAO also reported that trusts had paid about $17.5 billion on approximately 3.3 million claims from 1988 through 2010. Those figures are historical rather than current totals, but they demonstrate the scale of the asbestos trust system.
A claimant may sometimes qualify for payments from multiple trusts if exposure involved products connected with several bankrupt companies.
How Much Are Asbestos Lawsuit Settlements Worth?
There is no standard asbestos settlement amount. Compensation can depend on the disease, age of the claimant, medical expenses, lost income, strength of the exposure evidence, number of responsible defendants and applicable state law.
Some cases settle before trial. Others proceed to a jury verdict. A large verdict does not necessarily represent the amount ultimately received because defendants can seek post-trial reductions or appeal the judgment.
Trust-fund payments are also calculated differently from lawsuit settlements. Each asbestos trust generally follows its own trust distribution procedures and payment percentages.
What Evidence Is Important in an Asbestos Claim?
A successful case generally requires evidence connecting the illness to asbestos exposure and connecting that exposure to one or more defendants.
Medical records, pathology reports, employment records, military records, union information, Social Security employment histories, witness testimony and information about products used at particular job sites may all become important.
This can make asbestos litigation unusually complex because exposure may have occurred at several workplaces involving products made by numerous companies.
Where Asbestos Lawsuits Stand Today
Asbestos litigation continues despite decades of regulation because old asbestos-containing materials remain in buildings and because diseases can develop long after exposure. The EPA also continues to regulate asbestos and finalized restrictions on ongoing uses of chrysotile asbestos in 2024.
For people diagnosed with mesothelioma or another asbestos-related illness, potential compensation may come through lawsuits, bankruptcy trusts or both. Whether a claim is available, however, depends heavily on individual exposure history and state law.
