It is difficult to determine the average compensation for an asbestosis case because of the variety of factors that play a role in a settlement or award amount. This includes the severity of the claimant’s condition, the effect it has on their everyday life, and their prognosis.
Many of these awards come from asbestos trust funds that also pay out for other serious conditions, including mesothelioma and other asbestos-related lung cancers. These trust funds often do not break down their payouts into separate categories, such as those for malignant and non-malignant conditions. This makes it almost impossible to calculate the average compensation for an asbestosis case.
There is little current information to point toward an accurate settlement value in an asbestosis case, but we do have a general idea of the settlements in cases involving malignant (deadly) and non-malignant (non-deadly) conditions from several years ago. It is likely that these ratios have remained relatively steady.
Asbestosis Is a Serious, Life-Threatening Respiratory Condition
For almost 100 years, asbestos-related diseases such as asbestosis have been recognized as a dangerous and debilitating medical condition caused by asbestos exposure, with documentation about it appearing in the British Medical Journal in 1924.
Despite these findings, asbestos product manufacturers continued to use these fibers in a wide range of applications with little protection for the workers who were exposed to them. While not malignant, asbestosis is a serious condition that causes major problems with the respiratory system. Inhaled asbestos fibers can scar lung tissue and make it difficult to breathe. This can lead to possibly playing a role in the development of some asbestos-related cancers as well as causing death in those exposed.
Claimants With Cancer May Receive 10 Times The Average Compensation For Asbestosis
According to an in-depth report on the asbestos bankruptcy trusts, about 86% of all asbestos claims paid out between 2007 and 2008 were for non-malignant conditions such as asbestosis. However, these payouts comprised only 37% of the money paid by 10 trusts during that time. This means that the claimants with asbestosis received about one-tenth of the award for malignant claims.
It is important to note that these statistics include only 10 trust funds of the more than 60 trusts that were created. Many trust funds do not report how much they pay toward non-malignant and malignant claims. Instead, they combine both categories when documenting their payout records.
Legal Action Is Possible For Asbestosis
While the settlements and awards tend to be smaller for asbestosis compared to asbestos-related cancers, you can still file a claim or a lawsuit to pursue compensation based on your asbestosis diagnosis. You may want to work with an attorney who is familiar with this type of case because the legal proceedings can be complicated. Many of the companies responsible for manufacturing asbestos went bankrupt in the 1970s and 1980s as a result of mass torts, outlines the Rand Corporation in articles and reports about asbestos litigation. These defunct businesses cannot pay the full cost of a claimant’s related expenses and instead defer to the trust funds to handle the payouts.
An attorney can help you build a case to show:
- Your diagnosis and the link to asbestos exposure
- When your exposure occurred, the duration, and the frequency
- The asbestos company or companies who played a role in your exposure
- The cost of your case, out-of-pocket expenses, pain and suffering losses, and other damages
- The severity of your condition and how it affects your everyday life
Asbestos trust funds have paid more than $17.5 billion in settlements over the last 30 years. There are currently billions of dollars in these remaining trust funds set up by more than 60 companies. A lawyer can provide you with more information regarding these trust funds and how to navigate the legal process to seek compensation.
For a free legal consultation, call (800) 794-0444
Talk to Our Team to Determine The Average Compensation For Asbestosis
Pintas & Mullins Law Firm wants to make sure you do not suffer further injuries and losses because of your asbestos exposure. We believe the asbestos companies that profited from your work and failed to protect you from their dangerous products should pay for your treatment and care–not you. To this end, we may be able to pursue and recover compensation to help pay for your medical care, pain and suffering, and more.
Our asbestos attorneys do not shy away from tough cases and take on claims involving any asbestos-related diagnosis, including mesothelioma, lung cancer, and asbestosis. We handle these cases on a contingency-fee basis, meaning our clients pay nothing up front. We handle the negotiation aspect to determine the average compensation for an asbestosis case. We take our fee from the settlement or award we recover for you. If you do not get paid, neither do we.
Call Pintas & Mullins Law Firm at (800) 794-0444 now for your free case review with a member of our team.