What Are Mesothelioma Trust Funds?

Mesothelioma trust funds are financial reserves asbestos companies establish as part of the bankruptcy process to compensate people diagnosed with asbestos-related diseases. Courts require these trusts to operate independently with their own criteria, review processes and payment percentages to ensure fair, ongoing compensation.

Key Facts About Mesothelioma Trust Funds

  1. Experts estimate the amount currently available in mesothelioma trust funds to be more than $30 billion.
  2. Trust fund payout amounts are often kept private, but experts indicate a single trust may pay between $7,000 to $1.2 million on one claim, with a median claim value of $180,000.
  3. Most mesothelioma patients file claims with 20 or more trusts simultaneously. Total compensation across all claims typically ranges from $300,000 to $400,000.
  4. More than 60 active mesothelioma trust funds set aside $30 billion for future claims.
  5. Most claims are processed within 3 to 6 months, but expedited claims can be processed sooner. Your processing time will depend on the complexity of your claim.

Companies established these trust funds as part of bankruptcy proceedings they pursued amid mounting lawsuits over asbestos exposure. Bankruptcy courts granted Chapter 11 protection only after companies agreed to fund trusts for current and future claims. The first mesothelioma trust fund, the Johns Manville Asbestos Trust, was created in 1988 with $2.5 billion set aside.

Mesothelioma trust funds continue to be created. For example, Duro Dyne Asbestos Trust Fund began accepting claims in September 2021. Billions of dollars are currently available in these funds. A mesothelioma lawyer can help you file your mesothelioma trust fund claim.

Who Is Eligible to File an Asbestos Trust Fund Claim?

Many people diagnosed with mesothelioma may be eligible to file an asbestos trust fund claim, even if they’re uncertain about their full exposure history. Experienced asbestos attorneys maintain detailed product and job-site databases covering tens of thousands of worksites. They can investigate your asbestos exposure history to determine which companies are liable.

People Who May Be Eligible

  • Consumers: Used asbestos-containing products and developed illnesses
  • Family members: Lost a loved one as a result of their asbestos exposure
  • Nearby residents: Lived near asbestos processing plants, factories and other facilities responsible for exposing the public to asbestos
  • Veterans with mesothelioma: Exposed to asbestos during military service
  • Workers: Exposed to asbestos on the job

Anyone diagnosed with an asbestos-related disease as a result of primary or secondary exposure may be eligible. Your lawyer can file claims with multiple trusts if more than one company caused your exposure.

Family Members Eligibility

Surviving family members, including spouses, children and heirs, can file claims on behalf of loved ones. Family members may also file on behalf of a loved one who has passed away, and an experienced asbestos attorney can confirm which trusts remain claimable after death.

Filing Deadlines and Legal Limits: What to Know Before Filing

Each asbestos trust fund sets its own filing deadline, separate from other trusts and your state’s statute of limitations for filing lawsuits. If you’re eligible to file with multiple trusts and pursue a lawsuit simultaneously, your lawyer will manage all of the various deadlines on your behalf. And if you’ve already missed one trust’s deadline, you likely can still file within the limits of others and your state’s statute of limitations for filing a lawsuit.

Variables to Discuss With Your Lawyer

  • Filing multiple claims and lawsuits: In some cases, people can file asbestos trust claims and lawsuits. Various asbestos state laws require them to disclose their past claims.
  • Information sharing: State courts have different rules on sharing trust claim information with lawsuit defendants. Some require disclosure of any claims submitted to trusts during the discovery phase.
  • Setoffs: If you receive a trust fund payout and later win or settle a lawsuit, defendants in states like Illinois, New York, Texas and West Virginia may deduct the trust amount from your verdict or settlement. This is why filing sequencing with your attorney matters.
  • State laws and statutes of limitations: State laws and filing deadlines govern mesothelioma lawsuits and vary by state. These are separate from asbestos trust fund filing deadlines.
  • Trust fund filing deadlines: Every asbestos trust fund sets its own deadline for filing a claim, generally around 2 to 3 years after a mesothelioma diagnosis.

Asbestos trust fund deadlines are usually 2 to 3 years from diagnosis. Filing as soon as possible may also result in higher payouts, as payment percentages tend to decline over time as claim volume grows. A qualified mesothelioma lawyer can file on your behalf while you focus on treatment.

Mesothelioma Trust Fund Payouts

Each asbestos trust assigns specific claim values to mesothelioma, lung cancer and asbestosis diagnoses, and mesothelioma claims usually have higher payouts. The $7,000 to $1.2 million range for trust fund payouts reflects what one single trust may pay on one claim. Often one mesothelioma patient files with multiple trust funds. When those individual payouts are combined, one patient may receive $300,000 to $400,000 in total.

The typical claim value for one trust fund claim is $180,000. But the actual payout depends on that trust’s current payment percentage. For example, the Johns Manville Asbestos Trust has a typical claim value of $350,000 for mesothelioma claims. However, its current payment percentage of 5.1% means it actually pays about $17,850 per mesothelioma patient. The W.R. Grace Asbestos Trust has a lower typical claim value of $180,000, but its payment percentage of 30.1% means it pays about $54,180 per patient.

Factors Impacting Asbestos Trust Fund Payout Amounts

  • Current payment percentage for the trust
  • Payment schedule the trust established
  • Severity or type of the asbestos-related illness
  • The claimant’s age and life expectancy

While the average amount people receive from a mesothelioma trust fund is less than the average trial verdict or settlement, trust fund claims process faster without requiring court. This type of mesothelioma compensation only applies to companies that have filed for bankruptcy and established a fund.

Attorney Jim Kramer of Simmons Hanly Conroy tells us, “To receive compensation from asbestos trust funds, it’s essential to have a lawyer who knows the ins and outs of asbestos litigation.” The amount of compensation for mesothelioma a claimant can receive from an asbestos trust depends on the payment percentage and other factors.

$300,000 to $400,000

Average total payout across all trust claims filed.

How Much Money Is Left in Asbestos Trust Funds?

Based on the most comprehensive available analysis, estimates consistently place current trust fund assets at more than $30 billion. About $25 billion was left in asbestos trust funds in 2016, according to a 2018 U.S. Chamber Institute for Legal Reform report. New trust formations and ongoing trust investments have increased that figure since.

The actual amount is difficult to determine. Several new trusts have formed in the last few years. Trusts also make investments to help increase the amount available for mesothelioma survivors and their families.

Asbestos Trust Funds and How to Access Them

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Jim Kamer: What are asbestos trust funds, and how do you access them?

Litigation is not for every mesothelioma victim, which is why asbestos trust funds are often a very good option. Asbestos trust funds are established by companies that may have gone bankrupt, who have set aside a certain amount of compensation money for people with asbestos-related diseases. If those clients qualify, they may be able to receive substantial compensation from various asbestos trust funds.

To receive compensation from asbestos trust funds, it’s essential to have a lawyer who knows the ins and outs of the asbestos litigation and to best guide those clients through the process of filing with the trust funds, knowing which trust funds to contact, knowing what kinds of products and what kinds of exposures will qualify for those trusts.

List of Asbestos Trust Funds

Most mesothelioma patients were exposed to asbestos products from multiple companies and can file claims with multiple trusts simultaneously. An attorney will identify which trusts apply to your specific exposure history.

Dozens of asbestos companies, including Johns Manville, W.R. Grace and United States Gypsum, have set up trust funds. These companies include manufacturers in a variety of industries that had facilities across the U.S. The following list includes some asbestos trust funds available to mesothelioma patients and their families.

The funds these companies established during their bankruptcies consist of billions of dollars. The purpose of these funds is to compensate for future asbestos claims from people with asbestos-related diseases and their families.

Asbestos Trust Fund List
Company Estimate of Initial Assets Year Established
United States Gypsum Trust $3.9 billion 2006
Owens Corning Corporation Trust $3.4 billion 2006
Pittsburgh Corning Corporation Trust $3.4 billion 2011
W.R. Grace and Co. Trust $3 billion 2001
DII Industries Trust $2.5 billion 2005
Johns-Manville Corporation Trust $2.5 billion 1988
Armstrong World Industries Trust $2 billion 2006
Western Asbestos (Western MacArthur) $2 billion 2004
Babcock & Wilcox Trust $1.8 billion 2006
Owens Corning Fibreboard Subfund Trust $1.5 billion 2006
Combustion Engineering $1.4 billion (approx.) 2006
Kaiser Aluminum $1.2 billion (approx.) 2006
ASARCO LLC $830 million 2009
Federal-Mogul U.S. T&N Subfund $635 million 2007
Quigley Co. Inc. $569 million (approx.) 2013
Celotex $500 million (approx.) 1998
Eagle-Picher Industries $397 million (approx.) 1996
National Gypsum Company (NGC) $347 million (approx.) 2003
Congoleum Corporation $270 million (approx.) 2010
Porter Hayden Company $40 million (approx.) 2004

How to File an Asbestos Trust Fund Claim

Filing an asbestos trust fund claim involves meeting each trust’s eligibility criteria, gathering medical and exposure evidence and submitting through the trust’s review process. Most people work with a mesothelioma attorney who handles filing across multiple trusts simultaneously.

You must be eligible and provide evidence to file a mesothelioma trust fund claim. The first step is to speak with a lawyer who can help you get the documentation to meet the fund’s eligibility criteria. Your lawyer will gather the evidence before filing the claim.

Finding a lawyer with experience in mesothelioma trust fund claims is essential. They’ll guide you through these steps to give you peace of mind and let you focus on your recovery.

Steps to filing an asbestos trust fund claim
An outline of the progression of an asbestos trust fund claim includes a claim review process.

Step 1: Meet Trust Fund Criteria

Each asbestos trust fund sets its criteria that potential claimants must meet to file a successful claim. The trust fund’s website typically outlines these requirements.

Common Asbestos Trust Fund Criteria

  • Information or evidence about the products that led to your asbestos exposure
  • Proof of an asbestos-related diagnosis
  • Statute of limitations for filing a claim
  • When your asbestos exposure occurred
  • Where the exposure took place

The criteria changes depending on many factors. These can include the place of exposure, the types of products involved and when the company used asbestos products.

Step 2: Collect Evidence to Support Your Claim

You’ll need to gather evidence to support your claim. Your asbestos attorney and their team will help you and conduct investigations.

Evidence Typically Required

  • Asbestos involvement: Medical documentation describing the extent to which asbestos contributed to the claimant’s disease
  • Evidence of exposure: Evidence confirming asbestos exposure to a particular product or place, which may include witness affidavits, employment records and invoices
  • Patient’s diagnosis: Medical documentation proving an asbestos-related diagnosis, generally pathology reports and imaging scans

Researching your work history is an important part of the process. You’ll also work with your medical team to gather diagnosis reports and other health information.

Step 3: Submit Your Claim

Once your attorney has gathered evidence, they’ll submit it per the asbestos trust’s protocols. Most trusts accept claims submitted through their websites. Other trusts may require the submission of a printed claim through the mail. Your attorney will find the best method to submit your claim to ensure a smooth approval process.

Step 4: Claim Reviewed for Approval

Asbestos trust funds have separate review processes for claims based on an individual’s asbestos exposure and particular life situation. Make sure to inquire with the trust’s administrators or ask your attorney to explain the process. The trust’s administrators will review the evidence in your claim.

Evidence Review Processes

  • Expedited review: Your claim will be grouped based on your diagnosis. This allows trust administrators to review claims faster. A fixed payment amount is associated with an expedited review. People typically receive payments faster than with an individual review.
  • Individual review: Administrators will individually review your claim. This takes longer than an expedited review. They consider more factors in an individual study, such as the extent of your disease and how many dependents you have. The payment amount could be higher or lower than the fixed amount associated with an expedited review.

Terminally ill patients who need compensation urgently may qualify for an extraordinary claim, sometimes called an expedited hardship review. This allows trustees to prioritize your claim outside the normal queue based on your prognosis and financial need. To qualify, you typically need documentation of your terminal diagnosis and, in some trusts, evidence of a single primary exposure source. An experienced mesothelioma attorney can tell you whether you qualify for an extraordinary review and which trusts offer it.

For both expedited and individual reviews, if you’re unsatisfied with the payout offered, your claim may move to arbitration. If arbitration fails, you may have the right to sue the trust. An experienced mesothelioma attorney has the expertise to know which type of asbestos trust fund review will likely result in a better outcome for your case. After a claim is approved, payment goes through a process called liquidation. The trust fund provides a payment schedule, which may involve installments over time.

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Can Veterans File Asbestos Trust Fund Claims?

Veterans who were exposed to asbestos during their military service can file asbestos trust fund claims. These claims don’t affect VA disability benefits or VA healthcare eligibility. Asbestos trust funds and VA benefits are entirely separate compensation systems and can be pursued at the same time.

Asbestos exposure in the military commonly occurred in shipyards, on naval vessels and in barracks from construction materials and machine equipment. The U.S. military used asbestos extensively throughout much of the 20th century.

Veterans may qualify to file trust fund claims or lawsuits against the manufacturers of these asbestos-containing products. Most of these manufacturers are private companies that have established bankruptcy trusts. A mesothelioma attorney with experience helping veterans can identify the right trusts for you based on your military record.

How Do Mesothelioma Trust Fund Claims Compare to Other Mesothelioma Claims?

Filing a mesothelioma trust fund claim differs from filing a lawsuit. Mesothelioma trust fund claims generally offer a faster, more streamlined process with lower compensation than asbestos lawsuits. The trust fund’s administration is separate from the bankrupt or reorganized company. 

A mesothelioma trust fund claim also differs from a VA claim. Veterans are eligible for veterans’ benefits and claims. VA claims aren’t legal claims. They offer compensation and health care to veterans of the U.S. armed forces and their families.

Mesothelioma survivors have several options for compensation. These options include asbestos lawsuits, Social Security Disability Insurance and personal insurance. A qualified mesothelioma law firm can help you determine your legal options. Many patients pursue claims through trusts, lawsuits and veterans benefits simultaneously to maximize compensation.

How Trust Fund Claims Compare to Other Claims
Trust Fund Claims Lawsuits VA Benefits
Speed to first payment 3 to 6 months 1 to 3 years Varies
Typical compensation $7K to $1.2M per trust (total $300,000 to $400,000) Average $1M to $2M settlement or $20.7M avg. trial verdict Monthly disability payments and healthcare
Court required? No Yes No
Who qualifies Anyone exposed to bankrupt company products Anyone with a claim against solvent companies Veterans with service-related exposure
Can be combined? Yes Yes Yes

How Are Asbestos Bankruptcy Trusts Created?

Mesothelioma trust funds are generally created through Chapter 11 bankruptcy courts. These trusts usually hold enough money to pay for future claims. 

Creating Asbestos Bankruptcy Trusts

  1. Plan submission: Companies that can’t afford to pay asbestos liabilities must submit plans to a bankruptcy court for reorganization. These plans include how much will go into the trust for asbestos claimants and creditors.
  2. Estimates established: The court holds estimation proceedings. Similar to court trials, each interested group estimates how much should go into the trust. The proceedings also include testimony from experts knowledgeable about the value of past asbestos lawsuit settlements.
  3. Judge’s approval: The bankruptcy judge weighs the evidence, including the estimates and expert testimony. Once approved, the company transfers the money to a trust fund, which a trustee then manages.
  4. Trustee management: An appointed trustee manages the trust and the claimant process. They ensure enough funds are available to future claimants.

An experienced asbestos lawyer will know if the company responsible for your asbestos exposure has gone through this process of creating an asbestos trust fund. They’ll help you navigate the trust fund process. 

Expert Insight

There are companies that manufactured products years and years ago to which a person may be exposed to that have filed for bankruptcy protection. When they do that, oftentimes, a trust gets set up. You are allowed to file claims with those trusts to recover compensation as well as file a lawsuit against the viable companies court, and we do both.

samuel-meirowitz
Samuel Meirowitz , attorney and partner at the Meirowitz & Wasserberg law firm

Common Questions About Asbestos Trust Funds

Will I need an attorney to file a mesothelioma trust fund claim?

You’ll need an attorney’s guidance because each asbestos trust has its own filing protocols, documentation requirements and eligibility criteria. Building the exposure and medical evidence to meet those requirements is what mesothelioma attorneys do every day. Most attorneys work on contingency, meaning you pay nothing unless you receive compensation.

Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, adds, “It’s best to have an attorney file claims with the asbestos trusts, given the unique exposure and medical evidence necessary to successfully pursue a mesothelioma case with the asbestos trusts.”

What are the pros and cons of filing an asbestos trust fund claim versus a lawsuit?

Trust fund claims are generally faster, typically resolving in 3 to 6 months compared to 1 to 3 years for a lawsuit, and require no court appearances. Lawsuits against solvent companies carry higher average payouts, with settlements averaging $1 million to $2 million and trial verdicts averaging $20.7 million in 2024. Many mesothelioma patients pursue both, filing trust fund claims against bankrupt companies while their attorney pursues a lawsuit against any solvent defendants at the same time.

Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, adds, “That is a question best answered by your mesothelioma attorney after discussions about your exposures and other variables.”

Is asbestos trust fund compensation taxable?

Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, explains, “Compensation from the asbestos trusts is not taxable.”

Asbestos trust fund compensation generally isn’t taxable as income because it’s classified as compensation for a physical injury or illness under federal tax law. This applies to both the original patient and family members who receive trust fund payments after a loved one’s death. For specific guidance on how trust payments interact with estate taxes or other compensation sources, consult a tax professional.

How much is the average trust fund claim payout?

The average total trust fund payout for mesothelioma patients is $300,000 to $400,000, based on estimates from legal and research experts. This represents compensation across all trust claims filed by a single patient. Individual per-trust payouts range from $7,000 to $1.2 million depending on the trust’s scheduled value and current payment percentage. Mesothelioma claims generally receive higher trust fund payouts than other asbestos-related diseases such as asbestosis or lung cancer.

Can a family member file an asbestos trust fund claim?

Yes. Spouses, children and heirs of a mesothelioma patient can file asbestos trust fund claims, including after their loved one has passed away. Most trusts continue to accept these claims within the trust’s filing deadline. A mesothelioma attorney can confirm which trusts are still claimable and file on the family’s behalf.

Carl Money, a mesothelioma attorney at The Nemeroff Law Firm, adds, “The mesothelioma victim, spouse, children and heirs can file claims against the asbestos trusts.”

How long do asbestos trust fund claims take to pay?

Most claims are processed within 3 to 6 months. Expedited claims, with proper documentation, may be paid in fewer than 90 days.

How do I know which asbestos trust funds I qualify for?

Eligibility for a specific asbestos trust fund depends on whether your illness can be connected to that company’s products. Most people don’t know every company whose products they were exposed to, which is why attorneys play such a critical role. Mesothelioma attorneys have access to detailed product databases and job site records that can identify which trusts apply to your case.

Will filing an asbestos trust fund claim affect my ability to file a lawsuit?

Filing a trust fund claim doesn’t prevent you from filing a lawsuit against solvent companies. Both are separate legal processes and can be pursued at the same time. Some states require trust fund claims to be disclosed to the court during the lawsuit process. In certain states, trust fund payments you’ve already received may be deducted from your final lawsuit award. An experienced mesothelioma attorney will manage both processes with those rules in mind.

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