Asbestos Lung Cancer Lawsuits, Settlements: Are You Owed Compensation?

Attorneys working with ClassAction.org are now pursuing legal action on behalf of individuals who were diagnosed with lung cancer as a result of asbestos exposure.

Several options are still available for patients and their families to recover compensation for the harm they’ve suffered—namely, by filing a lawsuit, submitting an asbestos trust fund claim, or both. Indeed, billions of dollars remain in trust funds established by companies that knowingly made, sold and distributed dangerous and deadly asbestos-containing products—but it’s important to remember that taking any type of action over asbestos lung cancer is subject to strict time limits.    

Can Asbestos Cause Lung Cancer?

Multiple government agencies have classified asbestos as a known human carcinogen, with the Environmental Protection Agency, World Health Organization and Agency for Toxic Substances and Disease Registry specifically stating that asbestos can cause lung cancer. 

According to the MSD Manual, a medical resource for patients and doctors, lung cancer is the most common type of cancer associated with asbestos exposure, which has also been linked to ovarian cancer and mesothelioma. Indeed, a research paper published in an August 2024 issue of the medical journal Lung Cancer found that a diagnosis of asbestos lung cancer is two to six times more frequent than a mesothelioma diagnosis.

Asbestos Exposure and Lung Cancer: How Do People Get Sick?

People who develop asbestos lung cancer or any other asbestos-related disease were typically exposed to the mineral on a regular basis. This is typically because they worked directly with the material or lived with someone who did, as workers may have brought fibers home on their clothing, exposing family members. 

Between 1940 and 1979, millions of workers were exposed to asbestos, as the material was used in a wide range of industries due to the fact that it was resistant to heat and fire, highly durable and relatively inexpensive.

Generally speaking, the greater the asbestos exposure, the greater the risk of developing asbestos-related lung cancer. The American Cancer Society adds that asbestos-exposed individuals who smoke have a lung cancer risk that “is even greater than adding the risks from these exposures separately.” 

What Legal Options Are Available for Asbestos Lung Cancer Patients?

An asbestos lung cancer patient may be able to file multiple trust fund claims and potentially a lawsuit as well, depending on which companies may have been responsible for their exposure, among other factors.

Veterans who were exposed to asbestos and developed lung cancer may also be able to file for Veterans Affairs (VA) benefits.

An attorney can help you decide which option or options are best for your situation and navigate the process of filing your asbestos lung cancer claim.

What Are Asbestos Lung Cancer Trust Funds?

An asbestos trust fund is a pool of money set aside to compensate people who were injured by exposure to asbestos. In many cases, these trust funds were established by asbestos companies that have filed for bankruptcy and, as part of the process, were ordered by the court to reserve funds to compensate current and future victims of asbestos exposure.

Experts estimate that $30 billion is still available from more than 60 active asbestos trusts.

Your attorney can help determine whether a company that may be responsible for your asbestos exposure has a trust fund set up and file a claim on your behalf.

Who’s Eligible to File an Asbestos Lung Cancer Lawsuit or Trust Fund Claim?

Generally, people who were exposed to asbestos and diagnosed with lung cancer may be able to take legal action, which could include filing a personal injury lawsuit and/or trust fund claim. People who lost a family member to asbestos-related lung cancer may also be able to take action through a wrongful death lawsuit or trust fund claim.

Asbestos lung cancer lawsuits and claims can be filed over either firsthand exposure, such as working at a job where asbestos was present, or secondhand exposure, such as living with someone who worked around asbestos.

Attorneys working with ClassAction.org are currently accepting claims on behalf of people who worked in certain occupational fields (or had a close family member who worked in those fields) and were diagnosed with lung cancer within the past five years.

The attorneys are also accepting claims on behalf of family members of deceased lung cancer patients who worked or had a close family member who worked in one of the above industries.

What’s Involved in Filing an Asbestos Lung Cancer Lawsuit?

Though the legal process can be complex, your attorney will do most of the work on your behalf.

The first step is to gather information about your asbestos lung cancer case. Your attorney may ask you some questions about the cancer diagnosis, including when the individual was diagnosed, what testing was done and which treatments were received. They’ll also gather relevant medical records.

Additionally, your attorney may ask questions about how and when the individual may have been exposed to asbestos, including details about employment history or military service.

After gathering information and documents, your attorney will begin to craft what’s called a complaint—the legal document that gets filed with the court. Your complaint will detail the asbestos exposure and injuries, the companies you’re alleging are liable (such as asbestos manufacturers or employers), and the damages you’re seeking. The filing of a complaint marks the official beginning of the lawsuit.

This process could take months or years, but your attorney will remain in contact with you and provide updates on how your asbestos lung cancer case is progressing.

At any point in the process, the defendants and your attorney may reach an asbestos lung cancer settlement. If your case is not settled or dismissed, it will proceed to a jury trial—though trials are growing increasingly uncommon.

It’s also possible that you may not need to file a lawsuit at all and can instead file a claim for compensation from an asbestos trust fund.

Asbestos Lung Cancer Lawsuits: What Damages Could I Collect?

Is This a Class Action Lawsuit for Asbestos Lung Cancer?

No. Attorneys working with ClassAction.org are not handling asbestos lung cancer cases as a class action and are instead handling them individually.

With class actions, usually one person or a small group of individuals files a lawsuit on behalf of many people who were allegedly injured in a similar way—typically over smaller losses such as spending money on falsely advertised golf balls, for instance. Attorneys believe individuals who have suffered lung cancer from asbestos exposure will have more significant damages, which would make them more suitable for individual lawsuits.

Read about why asbestos lung cancer cases would not be well-suited for a class action here.

What’s Involved in Filing an Asbestos Lung Cancer Trust Fund Claim?

The process for filing a claim with an asbestos trust is relatively straightforward. Once your attorney has gathered information and documentation to support your claim, it will be submitted for either expedited or individual review.

Expedited Review

Most asbestos trust fund claims are submitted for expedited review, and these are usually processed more quickly. If your asbestos-induced lung cancer claim meets the trust’s criteria and is approved, you will receive a pre-determined amount of money based on your diagnosis.

Individual Review

Claims submitted for individual review usually take longer as the trust’s administrators will look into your claim in more detail. A personalized review could allow the claimant to receive a higher payout than the pre-determined amount set for expedited claims—though this is not guaranteed.

If your claim is approved, you may receive a payout in as little as three to six months, though the timeline can vary.

How Much Compensation Could I Get for Asbestos Lung Cancer?

The amount of money a lung cancer patient could get from an asbestos lawsuit, lung cancer settlement or trust fund claim varies widely and depends on many factors—and nothing can ever be guaranteed.

According to some experts, however, asbestos lung cancer settlements typically range from $100,000 to $400,000.

For asbestos lung cancer lawsuits that go to trial, jury verdicts have ranged from thousands to millions of dollars.

Asbestos lung cancer trust fund payouts are typically lower than the amounts awarded in litigation and can depend on whether the claimant undergoes an expedited or individual review. For expedited claims, each trust assigns a fixed amount of money (called a “scheduled value”) to each category of asbestos-related diseases, with mesothelioma and lung cancer patients typically given the highest amounts. An individual review may result in a higher or lower payout than the trust’s scheduled value for lung cancer.

Each trust also sets a payment percentage that is periodically adjusted to ensure that there will be enough money left in the trust to pay future claimants. If your lung cancer trust fund claim is approved, you will be paid the trust’s set percentage of your claim’s value.

Hiring a lawyer to help with your asbestos lung cancer claim can help maximize your compensation as you may be able to recover money from multiple sources.

How Much Does an Asbestos Lawyer Cost?

The attorneys working with ClassAction.org are taking cases on a contingency fee basis, meaning you will only need to pay if they win money on your behalf. Their payment will come as a percentage of the amount you’re awarded—and if they don’t win, you won’t pay.

Is There a Deadline for Filing Asbestos Lung Cancer Lawsuits or Claims?

There is a time limit for filing an asbestos lung cancer lawsuit. This limit, called the statute of limitations, varies by state and can range anywhere from one to six years from the date of the person’s lung cancer diagnosis or death.

Asbestos trust funds also have time limits on when people can file claims. For most trusts, this limit is two to three years from the date of diagnosis or death.

How Does Asbestos Cause Lung Cancer?

When asbestos fibers are inhaled, they can get trapped in the lungs and stay there for years, irritating the lung tissue and causing inflammation. This can result in DNA damage and mutations in cells over time, which can lead to cancer.

What Type of Lung Cancer Is Caused by Asbestos?

Asbestos exposure is linked to both of the two main types of lung cancer: small cell lung cancer and non-small cell lung cancer.

Adenocarcinoma, squamous cell carcinoma and large cell carcinoma are three subtypes of non-small cell lung cancer. Whether caused by asbestos or other more common causes, adenocarcinoma is the most common form of lung cancer in the country, accounting for 40 percent of all lung cancers, according to the Lung Cancer Foundation of America. Two types of small cell lung cancer include small cell carcinoma (oat cell cancer), the most common form, and combined small cell carcinoma.

It can take several decades for asbestos lung cancer to manifest symptoms. Some patients may first develop asbestosis, a chronic lung disease that causes scarring of the lungs, before being diagnosed with asbestos cancer in the lungs. 

Mesothelioma vs. Lung Cancer: Key Differences Explained

Mesothelioma and lung cancer are two types of malignancies that can be caused by asbestos exposure.

While asbestos is the most common cause of mesothelioma, smoking cigarettes or other tobacco products—rather than asbestos exposure—is the most common cause of lung cancer.  

Furthermore, while mesothelioma most commonly begins in the tissues surrounding the lungs, it is not a form of lung cancer. Mesothelioma is a type of cancer that begins in the mesothelium, a thin layer of tissue that lines cavities in the body and covers many internal organs.

Mesothelioma symptoms will also depend on where the cancer begins. Pleural mesothelioma, for instance, may cause chest pain, coughing and shortness of breath, while peritoneal mesothelioma may present with nausea, stomach swelling and stomach pain.

Other differences between mesothelioma and lung cancer include their prevalence and prognoses. Generally speaking, lung cancer has a better prognosis than mesothelioma and is much more common. While there are only a few thousand cases of mesothelioma diagnosed each year, the American Lung Cancer Association estimated that approximately 227,000 Americans will be diagnosed with lung cancer in 2025.  

Lung Cancer Caused by Asbestos Exposure? Take Action

If you or a family member was diagnosed with asbestos-related lung cancer, you could be owed money through a lawsuit or trust fund claim. Keep in mind, however, that there is a time limit for taking legal action.

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