What Are Mesothelioma Lawsuit Settlements and Verdicts?
In a mesothelioma lawsuit settlement, manufacturers of asbestos-containing products (the defendants) agree to pay a specific sum of money to victims of asbestos exposure (the plaintiffs). The amount of compensation is determined through settlement negotiations between each side’s attorneys.
Most lawsuits involving asbestos-related diseases like mesothelioma, asbestosis, and lung cancer result in a settlement.
Mesothelioma victims can pursue a settlement by filing a personal injury lawsuit. If the victim passes away, a family member or estate representative can seek a mesothelioma settlement on their behalf through a wrongful death lawsuit.
If neither legal team can agree on a mesothelioma settlement amount, the case usually goes to trial, where a judge or jury will listen to each side and determine if and how much compensation should be awarded in a verdict.
Settlements vs. Verdicts
Generally speaking, mesothelioma verdicts are more time consuming and riskier than settlements. Read more about the differences between a mesothelioma settlements and a mesothelioma verdict below.
|Mesothelioma Settlement||Mesothelioma Verdict|
|Can be reached before, during, or after a trial||Only occurs at the end of a trial|
|Victim can accept, counter, or reject any settlement offer||Judge or jury decides the amount of money (if any) awarded|
|Guaranteed payout if an agreement is reached||Payout is usually higher but isn't guaranteed and can be appealed|
Working with a lawyer who specializes in mesothelioma cases will give you the best chance of securing compensation from a settlement as quickly as possible.
Get a free legal consultation today to find an experienced mesothelioma lawyer who can handle your case.
What Is the Average Settlement for Mesothelioma Victims?
Mesothelioma settlements award between $1 million and $1.4 million on average. Some lawsuits may award more or less depending on the specifics of the case.
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. The victim’s lawyer will ask for sufficient compensation to cover the victim’s medical expenses and provide financial security for their family.
“With the settlement checks, our kids are taken care of. John has peace of mind knowing there’s money there for his kids, and that’s really important to both of us.”
— Dee Stahl, wife of stage 4 mesothelioma survivor John Stahl
Settlement amounts vary by case and depends on the individual’s asbestos exposure, age, diagnosis, and other factors. If the victim or their family takes the lawsuit to trial and wins, they can expect a verdict between $5 million and $11.4 million.
Mesothelioma Settlements Secured by Our Partner Attorneys
Our partner law firm, Simmons Hanly Conroy, has more than 20 years of experience handling mesothelioma cases and has obtained over $8.8 billion in financial compensation for clients around the country.
Notable settlement amounts secured by our legal partner include:
- $13.1 million for a carpenter with pleural mesothelioma
- $4 million for a union laborer in Illinois with peritoneal mesothelioma
- $12 million for an Illinois laborer with pleural mesothelioma
- $3.64 million for an Arizona delivery worker with peritoneal mesothelioma
- $10 million for a boiler tender diagnosed with pleural mesothelioma
- $3.9 million to the family of a Virginia auto mechanic with pleural mesothelioma
- $1.36 million for a brick loader and tanker driver in Virginia with pericardial mesothelioma
- $8 million for a Texas plumber and pipefitter with pleural mesothelioma
- $3.75 million to the heirs of a Pennsylvania laborer with pleural mesothelioma
- $1.88 million for a New York laborer and U.S. Army veteran with peritoneal mesothelioma
Learn what your case might be worth by connecting with our partner firm for a free legal consultation.
What Are the Benefits of Mesothelioma Settlements?
There are many advantages associated with a mesothelioma settlement. One of the main benefits is that the money can help mesothelioma patients pay for treatment plus related expenses like travel, transportation, and lodging.
Three additional benefits of mesothelioma settlements are listed below.
Take the first step toward a mesothelioma settlement by requesting a free, no-obligation case review today.
How Factors Affect the Amount of a Mesothelioma Settlement?
Your legal team will look at several factors to determine how much money to request in the agreement and try to negotiate the largest settlement amount for your mesothelioma claim.
Keep reading to learn about the factors that affect mesothelioma lawsuit settlement amounts.
Age of Victim
Mesothelioma is typically diagnosed in people over the age of 65, but it sometimes affects younger adults and even teenagers. Settlement amounts may be higher for younger victims who are likely to have more years of pain and suffering and lost wages.
Severity of Illness
Asbestos attorneys must show not only how asbestos exposure caused their clients to develop mesothelioma but how the disease has impacted their life.
Generally, since mesothelioma is such an aggressive and rare cancer, it can lead to larger settlement amounts than other types of illnesses. This is because these patients may require extensive medical treatment and care, experience substantial pain and suffering, and have a shorter life expectancy.
Mesothelioma patients who cannot work because of their illness may not be able to pay for basic living expenses or support their dependent family members.
If your illness has prevented you from working and earning a living — leading to significant financial hardship for you and your family — it may contribute to a higher mesothelioma settlement amount.
However, each case is unique, so it’s best to consult with an experienced attorney who can guide you through the legal process and help you seek fair compensation. They can estimate how much your case is worth based on their history of reaching asbestos lawsuit settlements for their clients.
Number of Asbestos Manufacturers
Most people are exposed to asbestos through numerous products made by different manufacturers. It is not uncommon for mesothelioma lawsuits to name dozens of defendants.
“I want people to realize that they can get a mesothelioma settlement from these manufacturers that continued to use asbestos and knew it was dangerous to people.”
— Dee Stahl, wife of stage 4 mesothelioma survivor John Stahl
In general, the more asbestos companies responsible for your illness, the more legal claims you can file and the more settlements you may receive.
The total cost of mesothelioma treatment can exceed $500,000. Since most patients cannot afford to pay for everything out-of-pocket, it’s important that the mesothelioma settlement amount awarded covers all of the victim’s medical expenses.
Pain and Suffering
A mesothelioma diagnosis puts a great deal of stress on the entire family. Mesothelioma victims and their family members may be entitled to additional financial compensation that addresses the emotional damages of this disease.
Connect with Simmons Hanly Conroy today to discuss the specific factors of your case and get help filing a claim.
How Long Does It Take to Get a Mesothelioma Settlement?
Mesothelioma lawsuit settlements can start paying out in 90 days or less.
The settlement payout timeline 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.
Learn more about the steps to pursue a mesothelioma settlement below.
Mesothelioma Settlement Process
All mesothelioma settlements begin with a lawsuit. Although each case is unique, most lawsuits follow a similar settlement process.
- Build a Case: The victim’s lawyer begins by collecting evidence and details of asbestos exposure to build their client’s case. This evidence can include work history, medical records, and types of asbestos products handled.
- File the Claim: The lawyer 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.
- Share Discovery: If the manufacturers refuse to pay the victim, attorneys from both sides then collect and share evidence, such as witness testimonies (depositions), to support their arguments.
- Receive a Settlement or Verdict: The lawyers will try to resolve the case through a mesothelioma lawsuit settlement. If the attorneys cannot agree on a settlement, the case proceeds to a trial to be decided by a judge or jury. Some lawsuits may reach a mesothelioma settlement during or even after a trial.
An experienced asbestos lawyer can estimate how long it may take for your lawsuit to settle out of court and handle every aspect of your case to make the legal process as easy and stress-free as possible.
Learn more about your legal rights. Connect with our partner firm today to find a lawyer who can handle your case.
Other Mesothelioma Payout Options
Mesothelioma lawsuit settlements are not the only option victims have to pursue financial assistance.
Learn more about other sources of mesothelioma compensation below.
Asbestos Trust Funds
Asbestos trust funds were established by product manufactures to compensate victims diagnosed with mesothelioma and other asbestos-related illnesses. These manufacturers were ordered by the courts to set aside large sums of money into trust funds after they had filed for bankruptcy.
These trusts currently contain over $30 billion in available compensation, according to the U.S. Government Accountability Office.
All asbestos trust funds have established rules that allow mesothelioma victims to access compensation. Victims who meet these criteria are eligible to receive a payout from the trust fund. Many qualify for payouts from multiple trust funds.
Our partner legal team can file trust fund claims with the asbestos manufacturers responsible for your illness. See if you qualify for trust fund compensation right now.
All U.S. military branches used asbestos from the 1930s until the early 1980s. Today, more than 30% of all mesothelioma victims are veterans.
For this reason, the U.S. Department of Veterans Affairs (VA) has established a number of programs to compensate veterans with mesothelioma and their family members.
Examples of VA compensation for mesothelioma include:
- Disability compensation: Veterans with mesothelioma usually qualify for tax-free disability payments of nearly $4,000 a month.
- VA pensions: Veterans and eligible survivors may qualify for a monthly pension if they meet certain income limits.
- Other VA benefits: Some veterans may qualify for Aid & Attendance (A&A), burial compensation, and other forms of financial assistance.
Veterans and their loved ones can apply for VA compensation and health care benefits with legal help from a VA-accredited mesothelioma lawyer or claims agent.
Download our Free Veterans Guide to learn more about your options for military compensation.
Find Out If You Can Get a Mesothelioma Settlement
If you or a loved one has been diagnosed with mesothelioma, the last thing you should be worrying about is how to pay your bills.
Compensation from mesothelioma settlements can be used for anything, from treatment costs and unpaid medical bills to in-home health care and living expenses. You can also gain much-needed peace of mind and ensure your family’s financial security well into the future.
Mesothelioma Settlements FAQs
How long do I have to pursue a mesothelioma lawsuit settlement?
It depends where you file your claim. Statutes of limitations, which vary by state, put a limit on how long you have to file a lawsuit. A mesothelioma lawyer can determine the state that’s likely to result in the best possible outcome.
You may lose your right to sue if you wait too long to file. Even if the deadline in your case has passed, you may still be able to access compensation from asbestos trust funds, VA claims, and other sources.
How long does it take to settle an asbestos case?
The exact time frame for settling a case depends on several factors such as how quickly the defendant agrees to the settlement, the number of manufacturers being sued, and where the lawsuit is filed.
Most settlements from asbestos claims are paid out within one year — with some settlement checks starting to arrive within 90 days.
Contacting an experienced mesothelioma attorney is the best way to get an accurate estimate of the amount of time your claim may take. Call (866) 608-8933 today to connect with our trusted legal partner.
Does everyone with mesothelioma get a settlement?
Not necessarily. To secure a mesothelioma settlement, your lawyer will have to prove your illness was directly caused by one or more asbestos-containing products.
If you cannot prove your asbestos exposure or you fail to take legal action, you will not be able to get a mesothelioma settlement.
What is the highest mesothelioma settlement?
It’s difficult to pinpoint the single highest mesothelioma settlement since many settlements are kept confidential. However, mesothelioma settlements and verdicts have awarded victims and their surviving loved ones millions of dollars.
One jury awarded $250 million to a man who developed mesothelioma after working at U.S. Steel for 30 years. This is the highest payout for mesothelioma on record.
If you or a loved one is considering filing a lawsuit, it is crucial to consult with an attorney specializing in asbestos litigation. They can assess the details of your case and provide you with the most accurate information on potential payouts.
Do you have to pay taxes on a mesothelioma settlement?
Yes, some portion of mesothelioma settlement amounts may be considered taxable income.
Mesothelioma settlements typically include compensation for personal injury and punitive damages. According to the Internal Revenue Service, personal injury compensation is not taxable. Conversely, the American Bar Association says that punitive damages are always taxable.