Mesothelioma Lawsuit Payouts

Mesothelioma Lawsuit Payouts

Mesothelioma is a rare and aggressive cancer primarily caused by asbestos exposure. Asbestos, a mineral once widely used in construction and various industries, has been linked to several severe health issues, including mesothelioma. Due to the negligence of companies that knowingly exposed individuals to asbestos, many victims and their families have sought compensation through mesothelioma lawsuits. These lawsuits aim to provide financial relief for medical expenses, lost wages, and other related costs, while also holding the responsible companies accountable. Mesothelioma lawsuit payouts can come in the form of settlements, which are agreements reached before or during a trial, or verdicts, which are decisions made by a judge or jury after a trial. The average mesothelioma settlement ranges from $1 million to $2 million, while the average verdict can reach $20.7 million. However, these figures can vary significantly based on the specifics of each case. Factors such as the strength of evidence, the number of defendants, and the jurisdiction in which the case is filed can all influence the final payout amount. This essay will explore the different types of mesothelioma lawsuit payouts, the factors that affect these amounts, and provide notable examples of settlements and verdicts.

Average Mesothelioma Settlement And Verdict Amounts

The average mesothelioma settlement typically falls between $1 million and $1.4 million, while average mesothelioma trial verdicts can range from $5 million to $11.4 million.

Here’s a more detailed breakdown:

• Average Mesothelioma Settlement:

$1 million to $1.4 million.

• Average Mesothelioma Verdict:

$5 million to $11.4 million.

• Factors Affecting Compensation:

Each case is unique, and compensation amounts can vary based on factors like the severity of the illness, the strength of the evidence, and the level of liability of the defendant.

• Settlements vs. Verdicts:

Settlements are often reached before a trial, potentially leading to faster compensation, while verdicts result from a full trial process.

• Wrongful Death Settlements:

If a mesothelioma victim dies, family members can pursue wrongful death lawsuits, which can result in settlements ranging from $2 million to $7 million.

• Asbestos Trust Funds:

In addition to settlements and verdicts, mesothelioma victims and their families may also be eligible for payments from asbestos trust funds.

• Attorney Fees:

Mesothelioma law firms typically charge attorney fees, which can range from 25% for trust fund claims to 33% to 40% for personal injury and wrongful death claims.

READ ALSO: Mesothelioma Average Settlement

Factors Influencing Mesothelioma Payouts

Mesothelioma trust fund payouts are influenced by several factors, including the severity of the disease, the claimant’s asbestos exposure history, the trust fund’s solvency, and the payout percentages established by each trust.

Here’s a more detailed breakdown:

Disease Severity and Diagnosis:

• Mesothelioma:

Mesothelioma, due to its aggressive nature and strong association with asbestos exposure, generally results in higher compensation compared to other asbestos-related diseases like asbestosis or lung cancer.

• Stage and Severity:

The stage and severity of the mesothelioma diagnosis also play a crucial role in determining the payout amount.

• Other asbestos-related illnesses

such as asbestosis and lung cancer may also receive compensation from asbestos trust funds.

Asbestos Exposure History:

• Duration and Intensity:

The length and intensity of asbestos exposure significantly impact the payout.

• Occupational History:

A detailed and well-documented occupational history, including the types of asbestos products and the circumstances of exposure, can lead to higher compensation.

• Evidence of Exposure:

Strong evidence of exposure to specific asbestos products and companies can strengthen the claim and potentially lead to higher payouts.

Trust Fund Factors:

• Trust Fund Solvency:

The financial health of the trust fund is a critical factor. Trust funds periodically adjust their payout percentages based on their current assets.

• Payout Percentages:

Asbestos trust funds typically don’t pay 100% of the claim’s value; instead, they apply a payout percentage, which can vary significantly between different funds and can fluctuate over time.

• Number of Trusts:

Claimants may qualify for compensation from multiple trust funds, depending on the asbestos-containing materials they were exposed to.

• Payment Schedule:

Each trust establishes its payment schedule and percentage, which can impact the amount and timing of payouts.

Other Factors:

• Medical Expenses and Lost Wages:

Medical expenses and lost wages due to the illness are factors that can influence the overall compensation.

• Age and Personal Medical History:

Age and personal medical history can also be considered.

• Jurisdiction:

Different state laws and previous court verdicts in that jurisdiction can significantly impact compensation awards.

How To File For Mesothelioma Settlement

The mesothelioma settlement process involves finding a specialized law firm, gathering evidence of asbestos exposure and diagnosis, filing a lawsuit, and negotiating a settlement, potentially leading to compensation without a trial, or proceeding to trial if a settlement cannot be reached.

Here’s a more detailed breakdown of the mesothelioma settlement process:

Find a Mesothelioma Lawyer:

• Specialized Expertise:

Seek out a law firm with experience handling mesothelioma cases and asbestos litigation.

• Initial Consultation:

Discuss your case, medical history, and asbestos exposure with an attorney to understand your options and potential compensation.

Gather Evidence:

• Medical Records: Provide your medical records confirming your mesothelioma diagnosis.
• Work History: Document your employment history and any potential asbestos exposure.
• Asbestos Exposure: Identify the specific asbestos-containing products or workplaces where you may have been exposed.

Gather Evidence:

• Medical Records: Provide your medical records confirming your mesothelioma diagnosis.
• Work History: Document your employment history and any potential asbestos exposure.
• Asbestos Exposure: Identify the specific asbestos-containing products or workplaces where you may have been exposed.

Discovery Process:

• Gathering Information:

Both sides in the lawsuit will gather evidence, including documents, witness statements, and expert opinions.

• Depositions:

You may be required to participate in a deposition, where you answer questions under oath.

Negotiate a Settlement:

• Settlement Offers: Companies may offer to settle the case to avoid the costs and risks of a trial.
• Negotiation: Your attorney will negotiate with the opposing attorneys to reach a fair settlement.
• Acceptance or Rejection: You have the final say on whether to accept or reject a settlement offer.

Trial (If Necessary):

• Proceed to Trial: If a settlement cannot be reached, the case may proceed to trial.
• Present Evidence: Your attorney will present evidence and argue your case to a judge or jury.
• Verdict: If the jury finds in your favor, you may receive a verdict awarding compensation.

Receive Compensation:

• Settlement Payout:

If a settlement is reached, you will receive compensation within a certain timeframe, often within 90 days.

• Verdict Payout:

If you win at trial, you will receive compensation as awarded by the jury.

Additional Avenues For Compensation

Beyond basic workers’ compensation, injured employees in Washington can explore avenues like third-party liability claims (e.g., against negligent drivers or manufacturers of defective equipment) and product liability claims, to seek additional compensation.

Here’s a breakdown of potential additional avenues for compensation:

Third-Party Liability Claims:

• Negligence of Others: If an injury is caused by the negligence of someone other than the employer (e.g., a negligent driver in a work-related accident), a claim can be pursued against that third party.
• Defective Products: If a worker is injured due to a defective tool or equipment, a product liability claim can be made against the manufacturer or distributor.
• Subcontractor Negligence: In construction and other industries, a claim can be made against a subcontractor whose negligence contributed to the accident.

Workers’ Compensation Benefits Beyond the Basics:

• Medical Expenses: Workers’ compensation typically covers medical expenses, but it’s important to ensure all costs are covered.
• Temporary Disability Benefits: These benefits help cover lost wages during the recovery period.
• Permanent Disability Benefits: If the injury results in a permanent impairment, these benefits can help with long-term financial needs.
• Vocational Rehabilitation: If the injury prevents the worker from returning to their previous job, vocational rehabilitation can help with retraining and finding new employment.
• Supplemental Job Displacement Benefits: These benefits can help with job search and relocation costs.
• Death Benefits: If the injury results in death, workers’ compensation provides benefits to the family.

Other Considerations:

• Mileage Reimbursement: Compensation for travel to and from medical appointments.
• Home Modification and Vehicle Adaptation: In some cases, workers’ compensation may cover modifications to the home or vehicle to accommodate the injury.
• Pain and Suffering: Beyond economic damages (medical bills, lost wages), compensation can also be sought for pain and suffering.
• Loss of Consortium: If the injury affects the injured person’s ability to provide companionship and support to their family, compensation can be sought for loss of consortium.

Legal Representation:

It’s highly recommended to consult with a lawyer specializing in workers’ compensation and personal injury to explore all available options and maximize compensation.

Mesothelioma lawsuits provide a means for victims and their families to seek compensation for the devastating impact of this disease. While the average settlement ranges from $1 million to $2 million, and the average verdict is $20.7 million, numerous factors can influence the actual payout amount. Consulting with an experienced mesothelioma attorney is crucial to navigate the legal process, gather necessary evidence, and maximize the chances of a successful outcome. In addition to lawsuits, asbestos trust funds and VA benefits offer further avenues for compensation, providing much-needed financial support to those affected by mesothelioma. Click here for more information.

RELATED LINKS:

• How To File A Mesothelioma Lawsuit
• Mesothelioma Trust Fund | How To Claim Your Fund
• Mesothelioma Compensation For Family Members