Mesothelioma Settlements

The number of mesothelioma cases that have made their way through the court system continues to grow as more asbestos victims are diagnosed with mesothelioma and other asbestos-related diseases. 

Through asbestos litigation, many mesothelioma victims can obtain a mesothelioma settlement to pay medical expenses and to compensate them for what happened to them. 

The experienced mesothelioma lawyers at Rosenfeld Injury Lawyers have helped many clients secure mesothelioma lawsuit settlements. We’re confident we can help our clients pursue the mesothelioma lawsuit settlements they deserve. 

What Is Mesothelioma?

Mesothelioma is a rare, aggressive type of cancer caused by exposure to asbestos. It forms in the thin tissue linings in your lungs, chest wall, abdomen, or genitals. It can take several decades to appear. 

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we understand the devastating impact a mesothelioma diagnosis can have on you and your family, and we are dedicated to securing the maximum compensation for medical treatments, lost income, and pain and suffering. 

Our mesothelioma attorneys have a deep knowledge of asbestos exposure cases, working tirelessly to hold negligent companies accountable. With a proven record of securing significant settlements and verdicts, Rosenfeld Injury Lawyers provide compassionate, expert guidance throughout the legal process, ensuring your rights are protected every step of the way.

Average Mesothelioma Settlement Amounts in the United States

Mesothelioma lawsuit settlement amounts vary from case to case. The average mesothelioma settlement is more than $1 million [3]. The cases that reach that $1.4 million threshold are not a part of class action lawsuits but standalone trial verdicts or pre-trial settlements through the assistance of very skilled asbestos attorneys.

Factors That Influence Mesothelioma Settlements

There are several factors that can influence the amount you can expect to receive in your mesothelioma settlement. While no mesothelioma lawyer can give you a guarantee of how much you can receive, these factors are known to have a significant influence on settlement amounts.  

Cost of Financial Losses

Most mesothelioma settlements correlate to the financial losses the victim experiences. The higher the medical bills and the more expensive treatments needed, the more a victim can expect to recover in a mesothelioma settlement. 

Severity

The severity of your mesothelioma symptoms and your disease progression will also play a role in your asbestos settlement. For example, if your mesothelioma diagnosis has left you bedridden, unable to work, and suffering from a low quality of life, you would likely receive more compensation than someone who is less impacted.

Lost Wages

If you are still of working age and employed during the time of your asbestos litigation, it is possible to request lost wages for the time you missed working. 

This could be the total of lost working years and income potential or the actual time you spent away from work while undergoing treatment for mesothelioma. How much in lost wages you can claim will impact your case, as the more you missed out on, the higher your settlement will likely be.

Evidence

As with any personal injury case, the more evidence you can provide directly linking the defendant to your injury or diagnosis, the better. While it is still possible to recover compensation when the evidence is murky, it can have an impact on your mesothelioma settlement amount. 

Location of Claim

The jurisdiction of where you file your mesothelioma lawsuit will have an impact on how much you can receive as a mesothelioma settlement. Some states have caps on how much compensation you are able to recover in any type of personal injury lawsuit. This limit could come into play when it comes to how much you can receive in your mesothelioma settlement. 

Age of the Victim

The age of the victim is also an important consideration in terms of how much compensation can be received. Generally, the younger you are at the time of diagnosis, the more compensation that you will be eligible for. This is largely due to the fact that you have more life left to live that will be impacted or cut short by this deadly disease. 

Life Expectancy

Your life expectancy will also play a role and how much compensation you can receive. This can factor in a few different ways. 

First, if you are diagnosed in hospice care, for instance, you may receive less compensation for the time that you have left. However, if your life is dramatically cut short in your thirties because of your mesothelioma diagnosis, this could lead to higher levels of compensation.

Types of Compensation Awarded in Mesothelioma Settlements

There are different types of compensation that can be recovered in a mesothelioma lawsuit. Your eligibility for each of these types of compensation will depend on your losses and the specific circumstances of your case.  

Economic Damages

Economic damages are tangible financial losses you’ve incurred as a result of your mesothelioma diagnosis. Many mesothelioma patients face extensive medical costs related to their care. This can also include things like lost wages, property damage, and the cost of physical therapy. 

Non-Economic Damages

Non-economic damages do not directly relate to your financial losses. Instead, these are things like pain and suffering and emotional trauma that can be added to your settlement. 

Usually, your mesothelioma attorney will suggest these should be added to your case, and the judge will use a calculator that multiplies your economic losses by a multiplier. In most cases, this is between 1.5 and 5 times this amount. This can add significantly to asbestos settlements and verdicts. 

Punitive Damages

Punitive damages are assessed by judges as a way to punish the companies in asbestos claims that took egregious risks and put their employees in intentional danger. While it’s not commonly added to asbestos settlements, it can be a significant portion of the total settlement value in cases where it is added.

Wrongful Death

Mesothelioma wrongful death settlements are among the most common, as mesothelioma is a fatal cancer. In your mesothelioma wrongful death settlement, you can recover financial compensation for your loved one’s funeral and burial expenses, their medical expenses, your pain and suffering, loss of society, and loss of consortium. 

How to File a Mesothelioma Lawsuit

To get a mesothelioma settlement, you will need to file a lawsuit against the parties responsible for your asbestos exposure. You’ll work with an experienced mesothelioma attorney to build and win a mesothelioma lawsuit settlement.

Cost of Filing a Mesothelioma Lawsuit

The biggest deterrent for anyone looking to file a mesothelioma lawsuit is the potential cost of filing the lawsuit. Lawsuits, especially those involving an asbestos-related disease, can be expensive to litigate. There are a lot of fees and other costs involved. Fortunately, choosing the right lawyer can alleviate many of those costs. 

At Rosenfeld Injury Lawyers, we work on a contingency basis. That means we provide an initial consultation for free, take your case for free, and argue or negotiate settlements for free. You don’t pay a single fee or cost until your case is resolved. Then, we receive a portion of the compensation you are awarded as payment. We only get paid if you win. 

All this means is that the cost to you to file a mesothelioma lawsuit is nothing unless we win your case for you. If you think you have a case, then it is a good idea to discuss it with us. It costs nothing to get professional legal advice that may change your future for the better. 

Eligibility to File for Mesothelioma Compensation

To be eligible to file for mesothelioma compensation, you have to meet a few criteria. Most importantly, you have to have mesothelioma that was likely caused by exposure to asbestos from work or a similar situation. 

In most cases, the company has to know of the risks of using asbestos and fails to offer effective protection from those effects. For example, an asbestos company fails to provide safety equipment to staff members. The company can be held liable for the damages of their staff, including developing mesothelioma after significant exposure to asbestos at work. 

Mesothelioma Claims After Death

Mesothelioma is a fatal cancer. Unfortunately, that means the victim may pass away before a claim is filed. The family of the victim may be able to file a mesothelioma claim after death by filing wrongful death claims. 

This changes the claims filed in the case, but the idea is the same: provide the family with compensation because of the death of a loved one from mesothelioma. Asbestos companies are often the defendants in this type of lawsuit because mesothelioma takes a long time to develop.

Who Pays for Mesothelioma Settlements

Generally, there are three different parties that have been held liable in past mesothelioma lawsuits. 

Manufacturers of Asbestos Products

Many mesothelioma settlements and verdicts have been awarded from cases filed against asbestos companies that manufactured asbestos products. These companies manufactured dangerous products that did not have appropriate warning labels to inform consumers and workers of the real risks associated with using their products.

Distributors

Mesothelioma lawsuit settlements can also come from the companies responsible for distributing and marketing asbestos-containing products. Much like manufacturers, distributors did not warn the people and companies using these products of the risks.

Companies Using Asbestos Products

Companies that used asbestos products can also be held accountable in asbestos lawsuits. These are commonly companies operating within the mining, construction, and landscaping businesses. However, many other industries may have used asbestos products, which could have led to asbestos exposure. 

Ways to Maximize Your Mesothelioma Settlement

There are some strategies you can use to maximize your mesothelioma compensation. Hiring a mesothelioma lawyer could increase your mesothelioma lawsuit settlement, as they’ll have experience negotiating higher financial compensation amounts and knowledge of how to build a case. They can also focus on this while you focus on your health and time spent with loved ones. 

Another strategy for maximizing mesothelioma settlements and verdicts is by identifying all liable parties that you can sue in your lawsuit. There are likely multiple parties who could be liable. This includes the company you worked for, nearby companies that operated where you live, and companies that manufactured or sold these products. Asbestos victims can make the mistake of not including all of the parties that were part of their asbestos exposure.

Factors to Consider Before Accepting a Mesothelioma Settlement Offer

Mesothelioma settlements can be negotiated out of court if the liable party is willing to negotiate. Such an asbestos settlement is a trade. By reducing the amount of compensation you receive and agreeing to keep the details of the case confidential, the other party will pay a specific amount in compensation. 

The biggest advantage of accepting a settlement is receiving the money sooner. If you are having financial troubles, then this could be the key point for accepting a settlement. The main drawback in mesothelioma settlements is you may not get as much as you could in court, depending on the specifics of your case. However, you can still recover enough to pay for your damages if your lawyer negotiates the right mesothelioma settlement for your case. 

Benefits of Accepting a Mesothelioma Settlement vs. Going to Trial

Sometimes your asbestos attorneys may encourage you to accept an asbestos settlement offered before going to court instead of waiting for a trial verdict. If the defendant offers you a fair mesothelioma lawsuit settlement, it could be advantageous to accept the offer if your attorney doesn’t feel you could receive much more compensation through a trial verdict. This can save you time and money since there are fewer court fees and less time in court. Plus, it can take a long time to go through the court process, so if you can negotiate an asbestos settlement out of court, your asbestos attorney might recommend that you accept it. 

Mesothelioma Settlements FAQ

Contact an Experienced Mesothelioma Lawyer

We work with clients to file and pursue cases that involve asbestos lawsuit settlements. Let us help you by managing your case and getting as much compensation as possible. 

Contact us for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. A member of our legal team is available 24 hours a day to answer your call. 

Resources: [1] American Cancer Society; [2] CDC; [3] Forbes