Asbestos Trust Funds: Compensation for Mesothelioma Families
Nationwide Asbestos Trust Fund Representation
More than 60 active asbestos trust funds hold billions of dollars set aside for people who were harmed by asbestos exposure. You do not have to go to court to file a trust fund claim, and in many cases, our team can begin the process within days of your first call.
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What Are Asbestos Trust Funds?
For decades, companies across the United States manufactured, sold, and used products containing asbestos, even after the health risks were well known. When the consequences of that negligence finally caught up with them, many of these companies faced overwhelming legal liability and declared bankruptcy.
As part of the bankruptcy process, courts required these companies to establish trust funds under Section 524(g) of the U.S. Bankruptcy Code. The purpose of each trust is straightforward: to set aside money specifically to compensate people who were diagnosed with mesothelioma, lung cancer, asbestosis, or other illnesses caused by exposure to that company’s asbestos products.
The first of these trusts was established in 1988, when Johns-Manville, the largest historical producer of asbestos products in the United States, created the Manville Personal Injury Settlement Trust. Since then, more than 60 trusts have been established. According to the U.S. Government Accountability Office, these trusts were collectively funded with approximately $37 billion in initial assets. At least three new trusts have formed since 2020, including Kaiser Gypsum (2021), Rapid-American (2021), and Owens-Illinois (2022).
Each trust operates under a document called the Trust Distribution Procedures, or TDP. The TDP defines how claims are evaluated, which diseases qualify, and how much compensation is available for each category of illness.
There are a few things that are important to understand about trust fund claims:
Trust fund claims are separate from lawsuits. Filing a claim with a trust fund is an administrative process, not a courtroom proceeding. You can pursue trust fund claims and a personal injury lawsuit at the same time.
You may qualify for multiple trusts. Most people who worked around asbestos were exposed to products made by many different manufacturers. If several of those manufacturers established trust funds, you can file a separate claim with each one.
An attorney can help identify which trusts apply to your situation. Our team uses an extensive exposure investigation process to determine every product you may have encountered and match your exposure history to qualifying trusts.
How Much Money Is Left in Asbestos Trust Funds?
Asbestos trust funds were specifically designed to compensate not only the people who were already sick when the trusts were created, but also people who would be diagnosed in the future. Courts understood that asbestos-related diseases like mesothelioma can take 20 to 50 years to develop after exposure, which means new diagnoses continue to occur every year.
To protect long-term solvency, each trust adjusts its payment percentage over time. If a trust’s remaining assets decline relative to the number of expected future claims, the payment percentage is lowered so the fund can continue compensating claimants for years to come.
The U.S. Government Accountability Office documented 60 trusts with approximately $37 billion in combined initial assets as of 2011. Through 2010, approximately $17.5 billion had been paid to roughly 3.3 million claimants. The most recent credible third-party estimate, published by the U.S. Chamber Institute for Legal Reform in 2018, placed remaining trust assets at approximately $25 billion. Since then, at least three additional trusts have been established, adding to the available pool.
Don’t delay in seeking justice. Contact us today for a free case evaluation and learn how we can help your family pursue every available source of compensation.
Who Is Eligible for Asbestos Trust Fund Compensation?
Eligibility for asbestos trust fund claims depends on two primary factors: a qualifying diagnosis and documented exposure to asbestos products manufactured by the company that established the trust.
Qualifying diagnoses include mesothelioma, asbestos-related lung cancer, asbestosis, and certain other conditions caused by asbestos exposure. Mesothelioma is the highest-priority disease category across virtually all trusts, meaning it typically carries the highest scheduled compensation values. Each trust defines its own disease categories in its TDP document.
Documentation requirements vary by trust but generally include medical records confirming the diagnosis, evidence of asbestos exposure (such as employment records, military service records, or union documentation), and information about the specific products the claimant was exposed to. This last piece, identifying which products were present at your worksite, is often the most challenging part of the process.
Family members and estate representatives can file claims on behalf of a loved one. Many trusts allow surviving spouses, children, and estate executors to pursue wrongful death trust fund claims.
Veterans who were exposed to asbestos during military service are eligible for trust fund claims in addition to VA disability compensation and healthcare benefits. These are entirely separate systems, and filing a trust fund claim does not affect your VA benefits in any way.
There is no geographic limitation. Trust fund eligibility is based on exposure to specific products, not on where you live. Families anywhere in the United States can file claims.
One of the most common challenges families face is identifying which products they were exposed to, especially when the exposure happened decades ago at job sites that no longer exist. This is where experienced legal representation makes a meaningful difference. SWMW Law’s in-house investigators and national network of safety experts use an extensive exposure database to trace your full history and identify every trust fund you may qualify for, even when you are not sure which products were used at your workplace.
How the Asbestos Trust Fund Claims Process Works
Step 1: Free Case Evaluation
Contact us for a free, confidential consultation. We review your diagnosis, work history, military service, and exposure timeline to determine which trusts you may qualify for. There is never a cost for this initial evaluation, and there is no obligation to proceed.
Step 2: Exposure Investigation and Trust Identification
Our team conducts a thorough investigation to identify every asbestos product you were exposed to throughout your career. This step is critical because each product may be linked to a different trust fund, and missing even one means leaving compensation on the table. SWMW Law maintains an extensive asbestos litigation database that connects products, manufacturers, and job sites to specific trust funds.
Step 3: Claim Preparation and Filing
We prepare and file claims with every qualifying trust fund on your behalf. Each trust has its own forms, documentation requirements, and disease category definitions. Our attorneys handle the entire filing process so you can focus on your health and your family.
Step 4: Claim Review
Each trust reviews your claim using one of two tracks. Expedited Review is the faster, more commonly used track. The trust evaluates your claim against its standard criteria and pays based on the scheduled value for your disease category, multiplied by the current payment percentage. Individual Review is a more detailed evaluation where your attorney can present additional evidence, such as depositions, detailed work records, and supplemental medical documentation, to support a higher payout. This track takes longer but may result in compensation above the standard scheduled value. Our attorneys advise you on which review track makes the most sense for each trust based on your specific situation.
Step 5: Payment
Once a claim is approved, the trust issues payment based on its current payment percentage applied to the scheduled value for your disease category. Typical timelines range from approximately 90 days to 6 months, depending on the trust and the review track selected.
Trust Funds, Lawsuits, and VA Benefits: Understanding Your Options
Asbestos Trust Fund Claims
Filed directly with the bankruptcy trusts established by former asbestos manufacturers. They are administrative (no courtroom), and they typically resolve within 90 days to 6 months. Payment is based on the trust’s scheduled value and current payment percentage for your disease category.
Personal Injury Lawsuits
Filed against companies that manufactured or used asbestos and have not declared bankruptcy. These cases can result in larger individual awards through negotiated settlements or jury verdicts. Most mesothelioma lawsuits resolve within 12 to 18 months, though some cases move faster.
VA Disability Benefits
Veterans exposed to asbestos during military service may qualify for VA disability compensation, healthcare through VA medical centers, and special monthly compensation. VA benefits are entirely separate from the civil legal system.
The critical point: these three paths are not either/or. Filing a trust fund claim does not reduce your lawsuit settlement. Filing a lawsuit does not affect your VA benefits. SWMW Law pursues all available sources of compensation at the same time, because that is how we maximize total recovery for your family. Most of our clients qualify for compensation from multiple sources. Our job is to identify every available path and pursue them all.
How SWMW Law Helps with Trust Fund Claims
SWMW Law has recovered more than $750 million for clients across 31 states. We were ranked the fifth-largest asbestos plaintiff firm in the nation in 2024 by KCIC, the consulting firm that tracks more than 90% of all national asbestos complaint filings.
First, our exposure investigation capabilities. Many families do not know which asbestos products were present at their workplaces, especially when the exposure happened decades ago. Our investigators use an extensive litigation database, workplace records, product identification research, and detailed interviews to reconstruct your full exposure history and connect it to every qualifying trust fund.
Results for Mesothelioma and Asbestos Families
$11.5 Million for a U.S. Navy machinist and welder diagnosed with mesothelioma
$9.7 Million for a Wisconsin mother with take-home asbestos exposure and mesothelioma
$7.5 Million for a union pipefitter diagnosed with mesothelioma
$7 Million for a union insulator diagnosed with mesothelioma
$4.3 Million for a U.S. Navy seaman and boiler operator diagnosed with mesothelioma
Past results do not guarantee future outcomes. Every case is different, and compensation varies depending on a variety of factors.
Frequently Asked Questions About Asbestos Trust Funds
Your Family Deserves Every Available Source of Compensation
We know that a mesothelioma diagnosis turns your world upside down. The medical appointments, the uncertainty, the worry about your family’s future can all feel overwhelming. You should not have to navigate the legal and financial complexity on top of everything else.
SWMW Law has helped thousands of families across the country pursue the compensation they deserve. Our team will guide you through the trust fund claims process, investigate your full exposure history, and pursue every available source of recovery, so you can focus on what matters most.
Your fight is our fight. Because people matter.