Asbestos class action: why claims are filed one by one
You cannot join an asbestos class action today because courts handle each claim separately, given that work histories and illnesses vary too widely to group them. If you have mesothelioma, or another disease from asbestos, you file your own lawsuit. Separate claims go to the asbestos bankruptcy trusts.
Each claim is filed for one person. Ask which trusts and lawsuit fit yours.
Are there class actions available for asbestos or mesothelioma?
Mesothelioma is a cancer of the lung, belly or heart lining. No open group lawsuit exists for it. One attempt was made by the courts: early in 1993, a proposed class sought to settle claims numbering from 25,000 up to 2,000,000 against 20 companies. The U.S. Supreme Court turned that settlement down in 1997 in the case Amchem Products, Inc. Windsor. Members of a class must share the same facts, which asbestos claims fail to do.
What is the asbestos MDL?
MDL 875 grouped federal asbestos cases. This is a multidistrict litigation, so one federal court handles pretrial work while you keep a separate claim. These cases moved to the Eastern District of Pennsylvania in 1991 and now proceed individually.
What other claims can individuals file?
Three options exist, and many families pursue more than one: suing companies still operating, filing claims with bankruptcy trusts, or seeking VA benefits for veterans. Over $30 billion remains in the trusts for people made ill by asbestos. The payment a trust makes equals its scheduled value for the disease times the percentage it now pays. Among the 54 active trusts, 48 make their percentage public, and those figures run from 0.7% to 100%.
| Claim | Typical result | How it ends |
|---|---|---|
| Mesothelioma injury lawsuit | $1 million to $1.4 million | Settled without a trial, taking 12 to 18 months |
| Mesothelioma claim after a death | $1 million to $2 million | Settled without a trial, taking 12 to 18 months |
| Trust claim | The trust's value times its payment percentage | Paid by the trust after review |
Evidence required for an individual claim
- A doctor must diagnose an asbestos disease.
- You need an exposure history detailing where, when, and how you encountered asbestos.
- You must file within the state deadline, which allows from 1 to 6 years after diagnosis, though only 1 year applies in some states.
Veterans seeking VA benefits must also connect their illness to their military service.
Filing claims following a death
A wrongful death suit allows relatives to claim damages including funeral expenses and the loss of companionship. If someone files an injury suit before dying, it may turn into a wrongful death claim, with the family deadline beginning on the death date.