Asbestos Lung Cancer Lawsuit

How Can I Afford a Lawyer Along With My Treatments?

We know that you have enough on your plate right now. You’re paying for treatments for lung cancer or mesothelioma, and you may be unable to work. You don’t need to worry about how you’ll afford our legal services. Our co-counsels take cases on a contingency-fee basis. This means that they only get paid if you recover compensation.

This type of agreement is beneficial in cases like these, which often require a lot of resources, such as expert witnesses. Your asbestos lung cancer lawyer will cover these costs.

What Illness Is Associated With Asbestos Exposure?

The U.S. Department of Health and Human Services (HHS), Environmental Protection Agency (EPA), and the World Health Organization’s International Agency for Research on Cancer (IARC) have classified asbestos as a “known human carcinogen.” The IARC states that there is “sufficient evidence” that asbestos causes lung cancer.

Asbestos exposure also causes mesothelioma, a type of cancer of the mesothelium (i.e., the lining of the lungs and chest wall).

A meta-analysis published in Lung Cancer states that asbestos-related lung cancer is up to six times more common than mesothelioma.

What Is the Asbestos Lung Cancer Lawsuit?

The asbestos lung cancer lawsuit alleges that manufacturers knew about the dangers of asbestos exposure and put workers at risk by failing to warn the public.

It also claims that asbestos caused their or their family member’s lung cancer or mesothelioma. It seeks to hold those responsible liable for this harm.

To recover compensation, plaintiffs file what are called “trust fund claims.”

Asbestos Lung Cancer Lawsuit Updates

March 18, 2025

A New York appeals court upheld a $38 million asbestos verdict against Burnham Boilers, per the New York Law Journal. According to the court, there was “ample evidence” that Burnham Boilers knew about the dangers of asbestos and exposed workers to it anyway.

April 22, 2024

A Montana jury awarded $4 million each to the estates of two different men who passed away due to asbestos-related mesothelioma, according to the Associated Press. The award required BNSF Railway to pay $8 million in compensatory damages.

September 1, 2023

According to PR Newswire, a New York jury handed down a $28.5 million award for a Local 638 Steamfitter who developed lung cancer after asbestos exposure at the World Trade Center. The defendants tried to blame the man’s lung cancer on smoking, but the jury found the defendants were reckless in causing the man’s cancer, awarding $13.5 million for past pain and suffering and $15 million for future pain and suffering.

August 28, 2023

A jury brought a verdict against Burnham Boilers. The New York jury awarded a man $38 million for his stage IV asbestos-related lung cancer.

Asbestos Lung Cancer Lawsuit FAQs

After being diagnosed with or losing someone to asbestos-related lung cancer, you probably have more questions than answers. Below, we give answers to some of our most frequently received questions.

What Are the Criteria for an Asbestos Lung Cancer Lawsuit?

To qualify for an asbestos lung cancer lawsuit, you must meet the following criteria:

• You or a loved one was diagnosed with lung cancer.
• Your lung cancer diagnosis must be determined pathologically in a way other than imaging. This could include biopsy, cytology, fine needle aspiration, or lobectomy.
• You must have worked in the construction, industrial, mechanical, shipbuilding, or shipyard industries.

You may qualify to file an asbestos mesothelioma lawsuit if you were exposed to asbestos and diagnosed with mesothelioma via a tissue biopsy or cytology.

What Compensation Can I Recover?

What you can recover depends on the specifics of your case, but could include compensation for your:

• Medical bills, such as the costs of testing for cancer, targeted therapy, radiation therapy, chemotherapy, stereotactic body radiotherapy, immunotherapy, surgery, pain medications, copays, hospitalization costs, in-home care, and palliative care
• Lost wages
• Lost earning capacity if your cancer diagnosis affects your ability to work in the future
• Miscellaneous expenses related to your lung cancer, such as the costs of traveling for treatment
• Pain and suffering

If you lost a loved one to asbestos-related lung cancer, please accept our most sincere condolences. Our law firm partners can seek justice and compensation for your family.

If the jury finds that the defendant acted recklessly or intentionally, you could recover punitive damages.

Why Are Asbestos Lung Cancer Cases Difficult?

The symptoms of asbestos-related diseases don’t appear right away. It often takes at least 10 years to 40 years for symptoms to occur; however, symptoms can be delayed until even after four decades.

Linking your lung cancer to your decades-old asbestos exposure can be difficult, especially if you attempt to handle this process on your own.

Our co-counsels will work to establish this on your behalf.

What Is an Asbestos Trust Fund?

These trust funds are special accounts with money set aside for asbestos-related mesothelioma and lung cancer victims. They allow plaintiffs to recover compensation even if asbestos manufacturers or other companies declare bankruptcy to avoid paying what the victims need. They are set up as independent organizations to distribute compensation equitably.

The Johns-Manville Corporation created the first asbestos trust fund in December 1986, after the company filed for bankruptcy in August 1982. However, the trust was not operational until November 28, 1988, due to several rounds of appeals.

As of 2025, there is approximately $30 billion left in these trust funds.

What Is My Asbestos Lung Cancer Case Worth?

We have found that people often want to know what the average asbestos lung cancer payout is; however, because all cases are different, your case worth is unique, too.

Your asbestos lung cancer attorney can’t determine what your case is worth without investigating your illness and its effects and establishing values for your losses.

Can I Recover Compensation If the Manufacturer or Other Party Claims I Contributed to My Lung Cancer?

In some cases, yes. These cases are of incredibly high value, so you can expect pushback. You can expect the other side to claim that your lung cancer was due to smoking or another dangerous activity. However, this does not mean you will be unable to recover compensation. A New York jury handed down a multi-million-dollar verdict against a defendant who claimed the plaintiff’s lung cancer was due to smoking.

Your lawyer can help you determine how this may affect your recovery and fight to protect you from these tactics.

What’s the Difference Between an Asbestos Lawsuit and a Trust Fund Claim?

There are a few differences between an asbestos lawsuit and a trust fund claim that you should know:

• An asbestos lawsuit may require you to go to court, while a trust fund claim typically does not.
• A trust fund claim is typically faster than an asbestos trust fund claim.
• You may recover more in a lawsuit than in a trust fund claim.

How Long Do I Have to File My Asbestos-Related Lung Cancer Case?

How long you have to file your asbestos-related lung cancer case depends on the statute of limitations where you live and the specific trust you are filing a claim against. These two factors can substantially complicate your case. Our law firm partners near you can determine how long you have to file your claim.

Have Manufacturers Known About the Dangers of Asbestos Exposure for a Long Time?

Yes. According to Lung Cancer, some of the health hazards associated with asbestos have been known since the 1800s. However, the link between lung cancer and asbestos exposure can be traced back to the 1930s. Two doctors in South Carolina observed a high level of cancer in workers at an asbestos textile plant.

The director of the occupational cancer studies at the United States’ National Cancer Institute thought that there was “sufficient data” to “declare that asbestos caused lung cancer” in 1942. This same conclusion was mentioned once more in the 1940s and twice more in the 1950s.

This shows that asbestos manufacturers knew or should have known about the dangers of asbestos and chose to endanger workers anyway.

What Can an Asbestos Lung Cancer Attorney Do for My Case?

An asbestos lung cancer lawsuit attorney can handle every aspect of your case. This can include:

• Establishing a link between your exposure to asbestos and your lung cancer. Because there is usually a decade or several years between exposure and symptoms, it can be difficult to prove your exposure. Your lawyer will know how to do this.
• Gathering evidence. You may need to have an expert witness testify to establish how your asbestos exposure caused your cancer.
• Determining a value for your damages. Many people who handle cases without a lawyer accept much less than they qualify for because they didn’t identify all their damages or correctly value them. Your attorney will handle that for you.
• Negotiating for a fair settlement. Many people take the first offer without considering whether it will cover all their losses. Our co-counsels will review the offer and negotiate for a fair settlement if it doesn’t cover your losses.

The Goldwater Law Firm has been fighting for people injured by corporate negligence and recklessness for over 20 years. We never stand by and allow manufacturers to make people sick and then walk away scot-free. We connect injured and ill people with our law firm partners in their area, giving their legal teams the resources they need to get the job done.

We know that results are paramount, so we don’t partner with just any firm. We partner with some of the biggest and most successful across the country.

Who Is Liable for My Asbestos-Related Lung Cancer?

Any manufacturer or factory that produced, used, or otherwise exposed workers to asbestos may be liable.

In the cases our co-counsels are handling, the party responsible for covering your damages is an asbestos trust fund.

What Industries Was Asbestos Most Common In?

Asbestos was very common in the following industries:

• Aerospace engineering: Manufacturers used asbestos in heat shields, gaskets, and insulation, especially in older aircraft. This affected workers in manufacturing and maintenance.
• Asbestos mining and milling: Miners and mill workers inhaled asbestos fibers while extracting and processing raw asbestos.
• Automotive repair and manufacturing: Both mechanic and automotive manufacturing workers were exposed to asbestos through brake pads, clutches, and gaskets.
• Chemical manufacturing: Workers in chemical manufacturing plants were exposed to asbestos in insulation, gaskets, and seals.
• Construction: Workers in all stages of construction were exposed to asbestos. This includes contractors and construction workers who built and renovated structures, especially those built before the 1980s. Asbestos was present in pre-1980s insulation, cement products, flooring materials, and roofing materials.
• Demolition and abatement: Workers who handled materials containing asbestos during or after remediation often inhaled significant amounts of asbestos fibers.
• Drywall and manufacturing: Workers who installed drywall, plastered, and manufactured joint compounds and wallboards faced significant exposure risks.
• Electrical work: Wiring insulation, electrical panels, and arc chutes in older buildings posed a significant asbestos exposure risk to electricians.
• Firefighting: Firefighters are exposed to asbestos in their fireproof gear and rescue missions in older buildings.
• Glass manufacturing: Workers in glass manufacturing plants used asbestos in protective equipment and furnace linings.
• HVAC: Heating, venting, and air conditioning (HVAC) technicians could have been exposed to asbestos through insulation, boiler systems, and furnace linings.
• Insulation installation and removal: Insulation installers and removers could have been exposed to asbestos while handling buildings, pipes, and boilers.
• Manufacturing of asbestos products: Workers in factories were exposed to asbestos through the production of brake linings, cement products, textiles, and tiles.
• Oil and gas: Oil and gas refinery workers and drillers were exposed to asbestos through gaskets, insulation, and fireproofing materials used on rigs and at refineries.
• Pipefitting and plumbing: Pipes, pipe fittings, and insulation in residential buildings and industrial buildings exposed pipefitters and plumbers to asbestos.
• Power generation: Coal, gas, and nuclear power plant workers were exposed to asbestos by working with boilers, insulation, and turbines.
• Railroad industries: Maintenance workers for railcars and locomotives suffered asbestos exposure through gaskets, insulation, and brake linings.
• Shipbuilding and ship repair: Shipyard workers, especially those working during World War II, were exposed to asbestos in boiler linings, insulation, and piping for commercial and naval vessels.
• Steel and metalworking: Steel foundry workers, metal fabricators, and other metalworkers were exposed to asbestos through insulation, furnace linings, and protective clothing.
• Textile manufacturing: People who worked in factories producing fire-resistant clothing, curtains, and other asbestos-based fabrics were exposed to considerable amounts of asbestos.

What Is Asbestos?

Asbestos is a group of six naturally occurring minerals. They are bundles of fibers that can be separated and used in many different applications. The fibers are very strong and resistant to heat and fire, which is why they were so widely used in things like building materials, fireproofing materials, and automotive parts for over a century.

Asbestos has been used since the 1800s in commercial and industrial industries. It is still present in many schools, commercial buildings, and residential buildings and structures.

According to the EPA, asbestos is typically only dangerous when it is disturbed. When asbestos fibers are airborne, they can be inhaled, which is where the danger is.

Do You Have to Be Exposed to Asbestos for a Long Period of Time to Develop Cancer?

Not necessarily. While it is more common for workers to suffer asbestos-related diseases after long-term, heavy exposure, asbestos-related diseases have been reported in people who were only exposed briefly, according to the National Cancer Institute (NCI).

Is Asbestos Banned?

Asbestos has been banned in dozens of countries for several years. It has technically been banned in the U.S., although not immediately.

In the 1970s, the U.S. Consumer Product Safety Commission (CPSC) prohibited manufacturers from using asbestos in gas fireplaces and wallboard patching compounds, according to the NCI. The EPA banned all “new uses of asbestos” in 1989. However, this ban allowed all uses that were ongoing at the time to continue.

In 2024, the United States finally banned the use of asbestos across the nation. The Biden-Harris administration prohibited the ongoing use of chrysotile asbestos, which is the “only known form of asbestos currently used in or imported to the United States,” according to the EPA.

It is important to note that asbestos is still present in many places and products. Asbestos will also be present for years to come. There are compliance deadlines that are several years out from the effective date. For example, according to the EPA, the asbestos rule:

• Bans many different asbestos-containing sheet gaskets, but that ban doesn’t kick in until two years after the final rule’s effective date with a five-year phase-out for sheet gaskets that are used to manufacture titanium dioxide and process nuclear material
• Will allow sheet gaskets that contain asbestos to be used through 2037 at the Department of Energy’s Savannah River Site to provide for the safe disposal of nuclear materials
• Doesn’t ban asbestos in aftermarket automotive brakes and linings, oilfield brake blocks, other gaskets, and other vehicle friction products until six months after the effective date

This means that people will continue to be exposed to asbestos for quite a while.

What Are the Symptoms of Lung Cancer?

Johns Hopkins Medicine splits lung cancer symptoms into respiratory and generalized. Respiratory symptoms include:

• Chest pain, often when laughing, coughing, or breathing deeply
• Chronic cough, which is a cough that lasts at least eight weeks
• Coughing up blood or bloody mucus
• Hoarseness
• Repeated respiratory infections, such as pneumonia and bronchitis
• Shortness of breath

More generalized symptoms include:

• Bone pain
• Headaches
• Jaundice
• Limb weakness or numbness
• Lumps on or near the neck or collarbone
• Neck, face, or arm swelling

Lung cancer can be diagnosed with an imaging test, sputum cytology, biopsy, fine needle aspiration, or lobectomy.

The symptoms of mesothelioma differ slightly and include chest pain, fever, fatigue, night sweats, shortness of breath, cough, chest pain, abdominal pain, lumps on the groin or scrotum, diarrhea, and loss of appetite, among others.

What Treatments Are Available for Lung Cancer?

The treatments available depend on the specifics of your case, such as the severity of your cancer and whether it has metastasized (i.e., spread to other parts of the body).

According to the Mayo Clinic, your doctor will likely begin treatment with surgery. If the cancer has metastasized or the tumor is too big, you may need to undergo radiation before surgery is a possibility.

Surgeries could include a lobectomy, pneumonectomy, segmental resection, or wedge resection. You may need to undergo chemotherapy or radiation after surgery as well.

These treatments can be incredibly expensive, but you may qualify for compensation to cover these costs.