What Are Mesothelioma Settlements?
Mesothelioma settlements are a common resolution for lawsuits involving asbestos-related diseases like mesothelioma, asbestosis, and lung cancer.
Mesothelioma victims can get a settlement from filing a personal injury lawsuit. In contrast, wrongful death lawsuit settlements award mesothelioma compensation to surviving family members whose loved one has passed.
In a mesothelioma settlement, manufacturers of asbestos-containing products agree to pay a sum of money to individuals affected by asbestos exposure. This amount is determined through negotiations between both parties’ lawyers.
About 95% of mesothelioma cases end with a victim receiving a settlement payout. The average settlement for a mesothelioma case is between $1 million and $1.4 million.
An experienced mesothelioma lawyer will have the expertise and resources necessary to build a strong claim and get you compensation as soon as possible. A favorable settlement timeline means that you will have access to compensation for mesothelioma treatment and other expenses when you need it most.
Working with a specialized attorney may help patients receive asbestos claims payouts that cover all or most of their mesothelioma medical expenses. Get connected with a top mesothelioma law firm today.
How Much Are Mesothelioma Settlements?
Mesothelioma lawsuit settlement amounts vary depending on the details of a patient’s asbestos exposure, cost of medical expenses, mesothelioma diagnosis, and other factors.
The asbestos victim and their legal team will request a certain amount of money based on the case value when the mesothelioma claim is first filed. In most situations, asbestos companies will pay out an amount of compensation sufficient to cover all of the victim’s expenses and secure a future for their loved ones.
Average Mesothelioma Settlement Amounts
The average mesothelioma settlement is between $1 million and $1.4 million.
This amount represents the total sum of money that all the manufacturers named in the lawsuit pay. Some lawsuits may award more or less than the average amount depending on the specifics of the case.
Notable Mesothelioma Settlement Amounts
Our partner law firm, Simmons Hanly Conroy, has decades of experience in asbestos litigation. The firm has a proven track record of successfully securing financial compensation for mesothelioma patients around the country.
Past mesothelioma settlements Simmons Hanly Conroy has secured include:
- $10.2 millionU.S. Navy veteran, Washington
- $9.5 millionConstruction worker, California
- $6.5 millionU.S. Army veteran, Louisiana
- $1.2 millionSecondhand exposure, Missouri
Interested in pursuing a mesothelioma lawsuit settlement? Our knowledgeable and compassionate Patient Advocates are here to help.
Speak with our trusted advocates to learn more about mesothelioma settlements.
Benefits of Mesothelioma Settlements
There are many advantages associated with a mesothelioma settlement. One of the main benefits is to help patients pay for their mesothelioma treatment.
Most lawyers prefer to pursue compensation for their clients through settlement negotiations versus a lengthy trial.
Some benefits of mesothelioma settlements include:
How Are Mesothelioma Settlement Amounts Determined?
Your attorney will work to prove how the manufacturers were responsible for causing your asbestos-related illness. Your legal team will look at several factors to determine how much money to request in the agreement and try to negotiate the largest asbestos settlement amount for your specific legal claim.
Looking for a mesothelioma attorney? Use our list of questions to interview lawyers and find the one that’s right for you and your family.
Factors that may affect mesothelioma settlements include:
Age of Claimant
Mesothelioma is typically diagnosed in people over the age of 65 but sometimes affects younger adults and even teenagers. Settlement amounts may be higher for younger victims who will typically lose the ability to work, unlike seniors who are likely to have retired and may have a lower survival rate.
Degree of Injury
Lawyers must show not only how asbestos exposure caused their client to develop mesothelioma but how the disease has impacted their life. Since mesothelioma takes anywhere from 10-50 years to develop, an individual who was exposed to asbestos recently and is not sick cannot file a lawsuit.
Victims unable to work may not be able to pay for basic living expenses and support their family members.
Many manufacturers are usually named in a mesothelioma lawsuit since most people are exposed to asbestos through numerous products. The more manufacturers named in the lawsuit, the better chance a victim has to receive compensation.
It is common for mesothelioma lawsuits to name dozens of defendants. Some mesothelioma suits name more than 100 defendants.
Treatments aiming to improve mesothelioma life expectancy can be very costly to pay out-of-pocket, so it’s important that the settlement amount covers all of the patient’s medical expenses.
Pain and Suffering
A mesothelioma diagnosis puts emotional stress on an entire family. Mesothelioma victims may also be entitled to financial compensation for their pain and suffering.
How Long Do Mesothelioma Settlements Take?
Most asbestos lawsuit settlements are paid out to mesothelioma victims within one year.
The payout typically depends on how quickly the defendants (the asbestos product manufacturers) reach an agreement with your asbestos attorney. If you are suing more than one manufacturer, you may receive money from one defendant sooner than another.
Mesothelioma Settlement Process
- Gather Evidence: Asbestos lawyers work for mesothelioma victims to build their cases. Lawyers must gather evidence and details of the victim’s asbestos exposure. This evidence can include work history, medical records, types of asbestos products handled, and more.
- File the Case: The lawyers will file the lawsuit and request a certain amount of money to be paid to the victim. All manufacturers named in the lawsuit must respond within 30 days.
- Discovery: If the manufacturers refuse to pay the victim, lawyers from both sides then collect and present evidence, such as witness testimonies (depositions), to each other to support their arguments.
- Settlement: The lawyers will try to resolve the case through a mesothelioma lawsuit settlement. If the lawyers cannot agree on a settlement offer, the case proceeds to a trial.
An experienced asbestos lawyer can give you an estimate on how long it may take for your specific case to settle out of court. Your lawyer can also help you file your claim in a timely manner and within your state’s statute of limitations. This law puts a time limit on how long you have to file your claim. If you file after the deadline, you will lose your right to sue.
Our team can connect you with an experienced lawyer. Contact us today to get the legal help you need.
Some asbestos cases may move faster if the evidence is readily available. For example, if a mesothelioma victim worked directly with asbestos-containing products at their job for several decades, it may be easier to gather evidence.
Mesothelioma Lawsuit Fees Calculator:
Although mesothelioma attorneys do not charge any upfront costs, they will collect a percentage of your awarded settlement to cover legal costs. Normal fees can range between 35-40% for successful law firms.
Other Ways to Receive Mesothelioma Compensation
Mesothelioma lawsuit settlements are not the only legal option for victims to obtain much needed financial compensation.
Other forms of legal action may allow victims of asbestos exposure to receive more compensation than they would through a settlement — or provide them with additional money.
Additional ways to receive mesothelioma compensation include:
A case will go to trial if both legal teams cannot agree upon a settlement amount. A judge and/or jury will listen to both sides of the case and determine a winner.
Featured Law Firm: Simmons Hanly Conroy won $250 million for a client with mesothelioma in 2003 — the largest asbestos verdict against a single defendant in history.
Connect with Simmons Hanly Conroy
While a successful mesothelioma verdict may award victims with more compensation than a settlement, most lawyers try to avoid them. Trials can add a significant amount of time to the legal process, especially if a favorable verdict is appealed by the defendant. Trials can also be more expensive than settling out of court.
Asbestos Trust Funds
Asbestos trust funds were established by manufacturers of asbestos-containing products to avoid the large volume of lawsuits that were amassed after the dangers of asbestos were uncovered. These manufacturers were ordered by the court to set aside large sums of money into trust funds after they had filed for bankruptcy.
Asbestos trust funds currently contain an estimated $30 billion, according to the United States Government Accountability Office.
All asbestos trust funds have established rules that allow mesothelioma victims to access compensation. Victims that meet the criteria are eligible to receive a payout from the trust fund.
All U.S. military branches used asbestos until the 1980s. Today, more than 30% of all mesothelioma victims are veterans. For this reason, the Department of Veterans Affairs (VA) has established a number of programs to compensate veterans with mesothelioma.
Mesothelioma VA benefits include:
- Disability Compensation: Veterans with mesothelioma usually qualify for tax-free disability payments.
- VA Health Care: Veterans may be able to receive free or low-cost treatment from mesothelioma specialists through the VA.
- VA Pension: Veterans may qualify for a pension if they meet a certain income limit.
- Other benefits: Some veterans may qualify for Aid & Attendance (A&A), burial compensation, and other care services.
Veterans can apply for these benefits with the help of a VA-accredited mesothelioma lawyer or claims agent.
If you or someone you love served in the U.S. military and has been diagnosed with mesothelioma or another asbestos-related illness, our Veterans Compensation Guide can help you learn about the compensation that you are owed.
Get Help Pursuing a Mesothelioma Settlement Today
The last thing you need to be worrying about is how you will pay for your treatment to improve your mesothelioma prognosis.
Mesothelioma settlements allow you to receive compensation to pay for medical treatments at a time when you need it most. With help from a trusted mesothelioma law firm, settlements may cover the majority of your expenses.
Since mesothelioma is such an aggressive form of cancer, your lawyers will work to get the most amount of compensation in the shortest amount of time.
Get a free consultation from the lawyers at Simmons Hanly Conroy to learn more about your legal options and filing a mesothelioma claim.
Mesothelioma Settlements FAQs
What is the average settlement for a mesothelioma case?
The average settlement amount for a mesothelioma case is between $1 million and $1.4 million. These compensation amounts can depend on several factors, such as the patient’s age, stage of cancer, type of cancer, medical expenses, loss of income, number of dependents, and more.
Who can receive a mesothelioma settlement?
Individuals who have developed mesothelioma from asbestos exposure may be eligible for a mesothelioma settlement. Your lawyer will have to prove your illness was directly caused by exposure to the manufacturer’s asbestos-containing materials.
How long does it take to settle a mesothelioma case?
Most settlements from mesothelioma lawsuits are paid out within one year. This timeline can depend on several factors such as how quickly the defendant decides to agree to the settlement, the number of manufacturers being sued, and which state you are filing in.
Contacting an experienced mesothelioma attorney is the best way to get an accurate timeline of how long your mesothelioma claim may take. We can connect you to a trusted legal partner today. Get in touch with our compassionate and knowledgeable team today.
Do you pay taxes on mesothelioma settlements?
Some of the compensation won in a mesothelioma settlement may be considered taxable income.
Mesothelioma settlements typically include compensation for personal injury and punitive damages. According to the U.S. Internal Revenue Service (IRS), personal injury compensation is not taxable.
On the other hand, the American Bar Association (ABA) says that punitive damages are always taxable, with no exceptions.