How Legal Fees Work in Asbestos Lawsuits: What You Need to Know

Asbestos, once prized for its heat resistance and durability, has left a lasting and dangerous legacy. Prolonged exposure can cause life-threatening illnesses, including mesothelioma, a rare cancer affecting the lining of the lungs, abdomen, or heart. For those diagnosed with asbestos-related diseases, pursuing compensation through the courts can be a vital step toward covering medical costs, lost income, and other damages.

One of the first questions people ask is: How are legal fees handled in asbestos cases? Here’s a clear, step-by-step look.

What Are the Legal Fees Associated With an Asbestos Case?

Asbestos litigation is highly specialized. It often involves:

• Reviewing decades-old employment and exposure records

• Coordinating with medical experts

• Navigating complex laws and multiple defendants

These fees don’t usually come out of your pocket upfront—most asbestos attorneys use a contingency fee arrangement.

Who Pays Attorneys in Asbestos Cases?

In nearly all asbestos lawsuits, the plaintiff does not pay legal fees directly while the case is ongoing. Instead:

• The attorney’s payment comes from the compensation recovered—either through a settlement or a trial verdict.

• The fee is a percentage of the recovery, commonly ranging between 33% and 40%, depending on the law of the state where the case is brought.

• Out-of-pocket expenses—such as court filing fees, expert witness costs, and deposition expenses—are often advanced by the attorney and reimbursed from the settlement or award.

If there is no recovery, the attorney typically does not collect a fee. This arrangement lowers the financial risk for clients pursuing a claim.

When Are Attorneys in Asbestos Cases Paid?

The timing of payment is set out in your contingency fee agreement, but generally:

• Payment happens after the case resolves, whether by settlement or court judgment.

• In some settlements, funds are distributed in lump sums—the attorney receives their agreed percentage when the funds are released.

• In structured settlements or trust fund payouts, the attorney may be paid in installments, matching the payment schedule to you.

Why Contingency Fees Benefit Asbestos Victims

For most people facing an asbestos-related illness, medical bills and lost wages create immediate financial strain. The contingency fee model:

• Allows victims to hire top-tier legal representation without paying hourly rates or upfront retainers.

• Motivates attorneys to pursue the strongest possible case, since they’re only paid if you win.

• Shifts the initial financial burden for litigation costs from the client to the law firm.

Bottom Line

In asbestos litigation:

• You don’t pay unless you win—attorneys are typically paid on a contingency basis.

• Their fee is a percentage of your compensation, plus reimbursement for case-related expenses.

• Payment comes after you receive your settlement or judgment.

If you or a loved one has been diagnosed with an asbestos-related illness, speaking with an experienced asbestos attorney can help you understand your rights, potential compensation, and exactly how legal fees would work in your case.