Snapshot of Recent Trends in Asbestos Litigation 2026 Update: A Year of Many Reversals—Average Dollars Pull Back While Resolutions and Dismissal Rates Rebound

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.

How NERA Can Help

The trends documented in this year’s report illustrate the challenges companies face when assessing asbestos liabilities given the many factors at work and their year-to-year variations. NERA’s experts have extensive experience forecasting liabilities associated with emerging and mature torts, evaluating changes in claim filing and settlement patterns, and incorporating developments in the litigation environment into forward-looking assumptions. Our analyses support liability forecasting, reserve estimates, insurance recovery assessments, and transaction-related due diligence.

NERA provides consulting and expert testimony for defendants, plaintiffs, insurers, and companies involved in mergers and acquisitions. Our experts assist counsel, state and federal courts, boards of directors, and risk managers in evaluating complex mass tort exposures and have testified on mass tort issues before Congress. To discuss the implications of the 2025 data or learn how NERA can analyze your company’s asbestos data in conjunction with those of other public companies in a benchmarking study, please contact Ms. Stern or Mr. Wang.