What Compensation Can You Receive in an Asbestos Lawsuit?

Edited by Lawrence K. Holcomb

A mesothelioma or asbestos-related lung cancer diagnosis can affect everything—your health, your family, and your future. Many clients come to Wallace Miller wondering what kind of financial help is available through the legal system.  

The truth is that while compensation cannot undo the harm caused by asbestos, it can provide vital support for medical care, security for your family, and a measure of justice against the companies that caused your illness. 

This article explains the types of compensation available in asbestos lawsuits, how courts calculate damages, and what factors affect the final outcome of a claim. 

The purpose of asbestos compensation

Asbestos litigation exists because companies knew for decades that asbestos dust was deadly, but they continued to use it without warning workers or providing protective equipment. Compensation is the legal system’s way of acknowledging that wrongdoing and helping victims rebuild their lives. 

If a plaintiff succeeds in their case, they receive damages, or monetary compensation for the injuries they suffered. Damages can be compensatory (making up for the injuries the plaintiff’s injuries and expenses) or punitive (punishing the defendant for their wrongdoing).  

Damages in asbestos cases serve three goals: 

1. To cover your economic losses such as medical bills and lost income. 
2. To recognize your pain and suffering and hold companies accountable for the harm they caused. 
3. To protect families through wrongful death or survivor benefits. 

The main sources of compensation in an asbestos lawsuit

1. Settlements

Most asbestos cases resolve through negotiated settlements rather than jury trials. In a settlement, the defendant agrees to pay a specific amount in exchange for resolving the claim. Settlements can occur before or after filing a lawsuit and are normally confidential. 

The advantage of a settlement is speed—clients receive funds more quickly and avoid the stress, expense, and uncertainty of a courtroom trial. Wallace Miller’s attorneys have decades of experience negotiating strong settlements that reflect the full value of a client’s losses. 

2. Trial verdicts

When cases proceed to trial, juries can award compensatory and sometimes punitive damages. Jury verdicts can exceed settlements in value, but also take longer and carry more uncertainty. A trial verdict sends a powerful message that the defendant’s behavior was unacceptable and dangerous. 

3. Asbestos bankruptcy trust funds

Many corporations that produced asbestos materials filed for bankruptcy years ago, but courts required them to establish trust funds for victims. These trusts contain billions of dollars nationwide and allow qualified claimants to receive payment without going through a traditional lawsuit. 

A single claimant can often file with multiple trusts if multiple products caused exposure. The attorneys at Wallace Miller are experienced at coordinating trust fund claims alongside active lawsuits to maximize recovery. 

4. VA benefits for veterans

Veterans exposed to asbestos during military service may qualify for VA disability benefits and special compensation programs. These benefits can be combined with legal claims against private manufacturers who supplied asbestos products to the military. 

Categories of damages in asbestos cases

Asbestos compensation falls into two main categories: economic and non-economic damages. 

Economic damages

Economic damages reimburse tangible financial losses, including: 

• Medical treatment and medication 
• Travel to specialists or treatment centers 
• Home health care and assistance 
• Lost wages or pension benefits 
• Future earning potential 

Wallace Miller lawyers often work with economists and life-care planners to calculate the lifetime financial impact of illness. 

Non-economic damages

Non-economic damages address the human cost of injury—the pain, anxiety, and emotional distress caused by mesothelioma and other diseases. We recognize that no dollar amount can replace a person’s health or peace of mind, but these lawsuits can provide compensation that acknowledges that suffering. 

Non-economic damages include compensation for: 

• Physical pain and discomfort 
• Loss of enjoyment of life 
• Emotional suffering 
• Loss of companionship for spouses or partners 

Wrongful death compensation

When a loved one passes away from mesothelioma or asbestos-related lung cancer, family members may bring a wrongful death claim. These claims allow surviving spouses, children, or other relatives to recover compensation for: 

• Medical expenses before death 
• Funeral and burial costs 
• Loss of financial support and benefits 
• Loss of companionship and emotional suffering 

Wallace Miller handles these cases with sensitivity and respect, guiding families through the legal process during one of the hardest periods of their lives. 

Factors that affect compensation amounts in asbestos lawsuits

Every asbestos case is unique. However, several key factors can influence the outcome of an asbestos lawsuit, including: 

1. Type of illness and stage of diagnosis. Mesothelioma cases generally result in higher awards than asbestosis or lung cancer cases. 
2. Strength of evidence. The clearer the proof of asbestos exposure and product identification, the stronger the case. 
3. Number of defendants. The ability to identify more responsible companies can sometimes increase the overall value of claims. 
4. Jurisdiction. Some states and courts historically award higher damages for asbestos cases. 
5. Legal representation. Experienced asbestos lawyers like those at Wallace Miller know how to document exposure, identify defendants, and negotiate recoveries effectively. 

How Wallace Miller analyzes your case value

Our team begins by gathering a complete profile of your medical and occupational history. We review every possible source of compensation, including active companies, trust funds, and insurance carriers, to ensure no opportunity is missed. 

We also consult with doctors, economists, and other experts to estimate the full cost of ongoing care, loss of income, and pain and suffering. Our goal is to not only cover the expenses of handling a serious disease, but also to secure your family’s financial stability for years to come. 

Why legal help matters in your asbestos case

Filing an asbestos claim requires extensive technical knowledge of decades-old products, companies, and exposure records. Many victims don’t remember every place they worked over decades and may not be sure of the source of exposure. Our attorneys have access to national databases, expert witnesses, and historical records that identify which products were present in specific industries or job sites. 

Because asbestos cases often involve multiple defendants and trust filings, handling them without experienced legal counsel can lead to missed compensation opportunities or reduced awards. 

Contact Wallace Miller: Seeking justice for your asbestos exposure

While compensation provides financial relief, many clients say what matters most is accountability. Knowing that a company has been forced to answer for its negligence can bring a sense of closure and validation. 

If you or a loved one has been diagnosed with mesothelioma or lung cancer linked to asbestos exposure, you deserve to have a full understanding of what compensation may be available. The attorneys at Wallace Miller represent victims and families nationwide, fighting for fair and meaningful recovery in every case. 

Contact us today for a free and confidential consultation. We will review your medical records, trace your asbestos exposure, and explain every option for financial support. We work on a contingency fee model, so there is no fee unless we recover compensation on your behalf.