What Is the Average Asbestos Claim?

What Is the Average Asbestos Claim?

Asbestos exposure has led to thousands of lawsuits and claims in the United States, primarily because of the serious health risks associated with inhaling asbestos fibers. The most severe of these health issues is mesothelioma, a rare and aggressive cancer almost exclusively caused by asbestos. Other diseases, such as asbestosis and asbestos-related lung cancer, are also common grounds for filing claims. If you or a loved one has been diagnosed with an asbestos-related illness, understanding the average asbestos claim amount can help set realistic expectations for compensation.

 

average Settlement Amounts

The average asbestos claim settlement for mesothelioma cases typically ranges from $1 million to $1.4 million. This figure is based on settlements reached out of court, which is how the vast majority of asbestos lawsuits are resolved—over 95% settle before going to trial. Settlements are usually negotiated between the plaintiff (the person affected or their family) and the companies responsible for the asbestos exposure.

For other asbestos-related illnesses, such as asbestosis or non-mesothelioma lung cancer, the average settlement is lower, often between $100,000 and $500,000. The severity of the disease, the extent of the exposure, and the impact on the victim’s life play crucial roles in determining the final amount.

Trial Verdicts

While most cases settle, some go to trial. If a jury finds in favor of the plaintiff, the average trial verdict can range from $5 million to $11.4 million. However, trials are riskier and can take years to resolve, so most victims and their families prefer the certainty and speed of settlements.

Asbestos Trust Fund Payouts

Many companies responsible for asbestos exposure have filed for bankruptcy and set up trust funds to compensate victims. The average payout from these trust funds is typically between $300,000 and $400,000, though some claimants may receive more or less depending on their specific circumstances and the trust’s payment percentage.

Factors That Influence Asbestos Claim Amounts

Several factors affect how much compensation a claimant might receive:

• Type and Severity of Illness: Mesothelioma typically results in the highest settlements due to its severity and poor prognosis.

• Strength of Evidence: Well-documented medical records and proof of asbestos exposure improve the chances of a higher payout.

• Number of Defendants: Cases involving multiple liable companies can lead to higher total compensation.

• Medical Expenses and Lost Wages: Higher out-of-pocket costs and lost income due to illness are factored into settlement calculations.

• Jurisdiction: Some states are known for higher verdicts and settlements in asbestos cases.

Timeline for Receiving Compensation

The timeline for asbestos settlements can vary. Many claims begin paying out within 90 days of settlement, but the entire process—from filing to final payment—can take 12 to 18 months or longer, especially if the case is complex or goes to trial.

Real-World Examples

• $8 million for a plumber and pipefitter from Texas.

• $6.8 million for a Florida mechanic.

• $4.14 million for a welder and U.S. Air Force veteran.

These examples illustrate the potential for significant compensation, particularly in cases involving clear evidence and severe illness.

The Legal Process for Asbestos Claims

1. Filing the Claim

Victims or their families typically start by consulting an attorney who specializes in asbestos litigation. The attorney will gather medical records, work history, and other evidence to build a strong case. This process may also involve identifying all possible sources of asbestos exposure, which can include multiple employers or manufacturers.

2. Case Evaluation and Filing

Once sufficient evidence is collected, the attorney files the claim against the responsible companies or trust funds. In some cases, multiple claims may be filed simultaneously, especially when several companies contributed to the exposure.

3. Discovery and Negotiation

During the discovery phase, both sides exchange information and evidence. Most asbestos cases are settled during or shortly after this phase, as companies often prefer to avoid the uncertainty and publicity of a trial. Settlement negotiations can involve direct talks, mediation, or arbitration.

4. Settlement or Trial

If a settlement is reached, the claimant receives compensation according to the agreed terms. If no settlement is reached, the case may go to trial, where a judge or jury will determine liability and award damages.

Types of Compensation in Asbestos Claims

Compensation from asbestos claims can cover a variety of damages, including:

• Medical Expenses: Past, current, and future medical costs related to asbestos illness.

• Lost Wages: Income lost due to illness or treatment.

• Pain and Suffering: Compensation for physical and emotional distress.

• Loss of Consortium: Compensation for the impact on relationships with spouses or family.

• Punitive Damages: In rare cases, additional sums may be awarded to punish particularly negligent companies.

Average Asbestos Claim Amounts Table

Conclusion

The average asbestos claim settlement for mesothelioma is between $1 million and $1.4 million, while other asbestos-related diseases generally receive lower amounts. Most claims are settled out of court, offering faster and more predictable compensation than going to trial. The final payout depends on the illness, evidence, number of responsible companies, and other unique case factors. If you’re considering filing an asbestos claim, consulting with an experienced asbestos attorney can help maximize your compensation and guide you through the process.