The RAND Institute for Civil Justice (ICJ) began analyzing asbestos litigation with an initial study in the early l980s. That study was the first to examine the costs of and compensation paid for asbestos personal injury claims. It was followed by other research that addressed the courts' responses to asbestos litigation and a number of studies of mass tort litigation in general.
Asbestos litigation is the longest-running mass tort litigation in U.S. history. Through 2002, approximately 730,000 individuals have brought claims against some 8,400 business entities, and defendants and insurers have spent a total of $70 billion on litigation. Building on previous RAND briefings, the authors report on what happened to those who have claimed injury from asbestos, what happened to the defendants in those cases, and how lawyers and judges have managed the cases.
This report examines the money spent to resolve asbestos-related injury lawsuits: who pays it, who receives it, and for what purposes. After sketching the tangled context in which spending occurs for asbestos product liability litigation in the introduction, subsequent sections analyze the actual costs incurred by plaintiffs, defendants, and insurers in the course of processing asbestos suits to resolution. The analysis focuses on net compensation (money received by injured persons after deducting litigation expenses), and on defense and plaintiff expenses (money paid to operate the legal and insurance systems through which society decides who should receive how much compensation and arranges for actual payment). Finally, the authors total the expenditures and examine the ratio between litigation expense payments and net compensation (the "overhead" costs incurred in generating one dollar in payment to an injured person).
This report analyzes characteristics of individual claims that explain variation in compensation and expenses. The first section describes the research approach and sketches the tangled context in which spending occurs for asbestos product liability litigation. Section II presents data on the characteristics of closed claims and on the actual compensation paid and expenses incurred by plaintiffs, defendants, and insurers in 1980-1982. Section III focuses on explaining the variation in total compensation. Sections IV, V, and VI, respectively, analyze claim characteristics that help explain why certain claims receive no compensation, identify which claims proceed to trial instead of being closed before trial, and identify which claims result in punitive awards. Sections VII and VIII analyze the variations in defense and plaintiff litigation expenses. Finally, Section IX totals the expenditures and examines the ratio between litigation expense payments and net compensation.
Approximately 730,000 people have filed claims for asbestos injuries in the United States through 2002. At least 8,400 defendants and insurers have paid $70 billion to settle these claims. The number of claims surged sharply through the 1990s, driven primarily by people who claim noncancerous injuries. Such trends have raised concerns that there may be no funds left to compensate those whose symptoms have not yet surfaced but who will become seriously ill in the future. A number of proposed reforms have been set forth to address these concerns.
Analyzes the costs and compensation paid for asbestos personal-injury claims and discussess such issues as the current state of asbestos litigation in the United States, the costs of compensation, the effects if litigation in the businesses, and theevolving character of litigation.