Start an asbestos claim: trusts, lawsuits and deadlines
Every trust that fits your work history and your state's lawsuit deadline is covered by one call.
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Often at the same time, an asbestos claim can mean three things: claims to the bankruptcy trusts, VA benefits for veterans, and a lawsuit against companies that are still in business. For people made ill by asbestos, the trusts hold an estimated $30 billion; most families file with several trusts since each one pays its award separately.
How much can an asbestos claim pay?
Whether a lawsuit is also filed and how many trusts match your work history will decide the total. One person may qualify for 1 to 25 trusts, or even more, since people often worked around products from several companies. What each trust pays is its scheduled value, the set amount tied to a disease, times the percentage it pays today. Among the 54 active trusts, 48 publish the figure, from 0.7% to 100%. Through the VA's disability compensation, veterans exposed in service may also receive health care and tax-free monthly payments.
Who can make an asbestos claim?
A confirmed diagnosis of an asbestos disease is required for a claim: mesothelioma, lung cancer linked to asbestos, or asbestosis, which scars the lungs. Many trusts only accept a claim if at least 10 years have passed since your first exposure to the company's product. Jobs that carry more risk include shipyards, construction, demolition, carpentry, milling and mining, plus work around brakes, flooring, roofing, pipes or insulation. Exposure counts too when you work near other people handling asbestos, and so does second-hand exposure carried on a worker's clothes.
Documents the claims team requires
- Your work history: employers, job sites, years, and any products you remember.
- Medical records showing the diagnosis, like a pathology report.
- Service records are needed for veterans.
With those documents, each trust claim uses the trust's Proof of Claim form, choosing either expedited review for a faster fixed award or individual review for a closer look that can pay more.
How long does an asbestos claim take?
Payment comes faster through an expedited trust review than through an individual one, and a lawsuit settlement usually arrives before a trial would end, since trials can run for months or years. Trusts take complete claims in the order they come in. If a document is missing, you get a deficiency notice, which is a letter asking for more proof.
Which deadlines apply
The legal deadline to file a lawsuit, called a statute of limitations, is set by every state at 1 to 6 years after the diagnosis. If you worked across several states, you are not limited to filing in the state where you last lived.
| State | Injury claim, from diagnosis | Wrongful death, from death |
|---|---|---|
| California | 1 year | 1 year |
| Florida | 4 years (2 for negligence-only claims) | 2 years |
| Illinois | 2 years | 2 years |
| New York | 3 years | 2 years |
| Ohio | 2 years | 2 years |
| Pennsylvania | 2 years | 2 years |
| Texas | 2 years | 2 years |
Each trust sets its own filing deadlines, and it is possible to put a trust claim on hold for up to 3 years. One page shows the deadline in every state.
Filing asbestos claims after someone dies
Families can file a wrongful death lawsuit, trust claims and VA survivor benefits at the same time after a death. A surviving spouse, children, other dependents, sometimes parents, or an estate representative can bring a wrongful death lawsuit, which is a claim filed in court. Contact the claims team to learn which deadlines and trusts apply to your family.