ARTICLE
5 October 2026

Snapshot Of Recent Trends In Asbestos Litigation 2026 Update: A Year Of Many Reversals—Average Dollars Pull Back While Resolutions And Dismissal Rates Rebound

N
NERA

Contributor

Since 1961, NERA has provided unparalleled guidance on the most important market, legal, and regulatory questions of the day. Our work has shaped industries and policy around the world. Our field-leading experts and deep experience allow us to provide rigorous analysis, reliable expert testimony, and data-powered policy recommendations for the world’s leading law firms and corporations as well as regulators and governments. Our experience, integrity, and economic ingenuity mean you can depend on us in the face of your biggest economic and financial challenges.
NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.
United States Litigation, Mediation & Arbitration

In NERA’s 18th annual review of trends in asbestos-related liabilities, Managing Director Mary Elizabeth C. Stern and Senior Consultant Longxuan Wang use asbestos-related liabilities reported in companies’ 10-Ks, drawing on data from 2008 to 2025, to provide a comprehensive overview of the asbestos litigation landscape. The authors find that average dollars per resolved claim declined for the first time in eight years, total spending dropped back to pre-2022 historical levels, and dismissal rate rebounded. 

Key Findings

  • Average dollars per resolved claim decreased 29% in 2025 compared with 2024, marking the first decline in eight years and a pullback from the peak observed in 2024.

  • Total spending declined 3%, following the 16% drop in 2024, and now sits within the pre-2022 historical range of payments. 

  • Dismissal rates of asbestos-related litigation increased 20%, reversing the decline observed in 2024 and returning to approximately 2017 and 2018 levels.

    In addition to reviewing Form 10-K filings, the authors collected data from the National Cancer Institute’s Surveillance, Epidemiology, and End Results (SEER) program on the incidence of mesothelioma and lung cancer in the United States. These data are available through 2023. The results show that mesothelioma incidence increased 7% in 2023, more than reversing the decline seen in 2022. Lung cancer incidence also increased 7% in 2023, rising above pre-pandemic levels. 

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