How much are average mesothelioma settlements? How much are asbestos cancer lawsuit settlements? Mesothelioma settlements tend to be rather large given the seriousness of the cancer, the number of medical bills involved as well as the extensive pain and suffering the patient endures. Recent reports have found the typical mesothelioma settlements ranges between $1 million and $1.4 million, with verdicts averaging around $2.4 million. (gnarusllc.com). These averages can give you an idea of what you may be entitled to, but the mesothelioma compensation you receive could vary a great deal.
The following mesothelioma settlement amounts by state will show:
Notable Mesothelioma Award Settlement Amounts
Illinois
This case by retired steelworker Roby Whittington against US Steel was the largest mesothelioma verdict of all time. The verdict amount was $250 million, but it is estimated that the steel worker eventually settled for approximately $50 million.
Missouri
In 2011, a judge in Missouri approved a mesothelioma settlement of $10 million for Nancy Lopez. The woman was a Jackson County courthouse employee who was exposed to asbestos during a reconstruction and renovation project that was being done by US Engineering Company. A few years after she passed away from stage 4 mesothelioma, two of her former co-workers filed a class action mesothelioma lawsuit against the county and the company. The case netted an $80 million mesothelioma settlement.
Mississippi
Thomas Brown was awarded over $300 million for his future medical costs, pain, and suffering and punitive damages after the jury decided that Union Carbide Corp and Chevron Phillips Chemical were responsible for his asbestosis. Brown worked in the Mississippi oil fields. The case was famous for being the largest asbestosis settlement amounts verdict in history, but it was overturned on appeal.
Montana
The huge amount of asbestos exposure from the asbestos mines in Libby, Montana resulted in two large mesothelioma settlements. In 2011, a judge in district court approved a settlement of $43 million to cover at least 1300 miners and their families. Another class action mesothelioma lawsuit gave $25 million in settlement to 1000 people in early 2017. Future mesothelioma settlements regarding the Libby mine are likely to come out as more victims come down with cancer.
New York
A New York boilermaker obtained a $3.7 million mesothelioma settlement after he developed lung cancer from being exposed to asbestos. In 2006, the man, Alfred D-Ulisse, a former brake worker and police officer, obtained a settlement of $35 million from Daimler-Chrysler. The company exposed the worker and many others to asbestos dust in brake pads and shoes.
Another New York case involved the jury giving $190 million to five clients of Weitz & Luxenberg in July 2013. The jury determined that the boiler companies Burnham and Cleaver-Brooks were negligent and reckless, which led to the plaintiffs to develop cancer. W&L also made legal history again in 2017; a jury awarded a couple $75 million in the largest asbestos case in New York history.
Virginia
A jury in Virginia awarded a naval shipyard worker named George Parker $6.5 million in 2016 The jury decided that John Crane Inc. was responsible for the exposure of Parker to asbestos. This led to his mesothelioma. Parker worked heavily with gaskets that contained asbestos while he was employed at the Norfolk Naval Shipyard.
California
In 2016, a superior court jury in Los Angeles awarded $18 million to Philip Depoian, who was suing over asbestos in talcum powder that led to his mesothelioma. He was diagnosed with cancer in 2015. He claimed that he was exposed to the talcum powder products used at the barbershop where his dad worked.
Factors That Affect Mesothelioma Award Amounts
Anyone who wants to file an asbestos-related lawsuit should understand the various factors that affect the mesothelioma settlement. Some factors are more important than others, as the defendant will decide whether they should settle or not.
Medical Costs and Lost Earnings
The majority of mesothelioma patients who are dealing with the difficulties of cancer also are dealing with major financial problems as the cost of their medical care goes up. Alos, because patients need to focus on their treatments, they could be unable to work, which could lead to a loss of wages and other types of income.
Negligence
In a situation where the product manufacturer knew their asbestos products could harm people, the possible financial liability can be large. Some cases of mesothelioma have netted awards above $10 million. For many companies, settling with the plaintiff can be the best way to reduce expenses.
How Many Companies in the Lawsuit
In some situations, more than one company could be found negligent. Because of this, plaintiffs may file asbestos claims against several companies that manufactured the asbestos-containing product. In case of a mesothelioma settlement, several defendants could be required to participate in paying the patient with mesothelioma.
State of the Case
The key to the success of the case and getting a large mesothelioma settlement is proving negligence, liability, and wrongdoing. This may not be easy. It depends on where you file the claim and how your exposure occurred. Different states have various amounts required for proof and evidence. Your mesothelioma attorney can help you to understand the requirements and trends for the state in which you live.
Case Matrix
It is common for asbestos companies to set up asbestos trust funds. They used a legal document in this case known as a case valuation matrix. They refer to the matrix to decide how much money you should receive. Each type of asbestos-related disease has a baseline level of mesothelioma financial compensation. For every claim, this will be adjusted according to such factors as your age, cancer diagnosis specifics, the degree of asbestos exposure, and your past health records.
Fast Mesothelioma Awards
If the defending company has lost cases or settled in the past, they could want to settle your mesothelioma claim without having to go through a long case process again. But settling early one may not give you the compensation that you deserved for your medical costs and damages. Talk to your mesothelioma attorney to determine if this is the best move for your situation.
Lower Offers
Most defendants will offer very low settlements at first. Your attorney can advise you about your legal options and whether you should hang on for a better offer. The attorneys for the defense are allowed to make settlement offers before or during the trial, up to the time the jury makes its verdict.
Mesothelioma Trial Settlements
In a lawsuit where several defendants have been named, it is not unusual for some companies to settle before the trial starts. This can avoid high expenses, poor PR and a long legal case.
Settle or Seek Verdict?
A jury award in a mesothelioma case can net you a larger award, but there is no assurance that the jury will agree with you. It is possible to go through a months’ long trial and get nothing. Juries can be quite surprising, and many attorneys will tell you there is nothing for certain in a trial. While you may get less in a mesothelioma settlement than you think you deserve, at least the money is guaranteed.
The decision in a mesothelioma case to settle or go for a trial is best made with the counsel of your experienced mesothelioma attorney near you. These specialized attorneys understand the complexities of mesothelioma diagnoses and litigation and can help you to make the best decision.
Types of Asbestos Lawsuit Compensation
Compensation for a mesothelioma case can come in several ways:
- A class-action lawsuit, where terms of the settlement have been established. It is the responsibility of the plaintiff and their attorney to prove he is qualified for mesothelioma compensation and sign up.
- Out of court settlement, where the employer responsible for the asbestos exposure pays before or during the trials.
- A court award where the jury or judge orders the responsible company to pay.
How Long Does a Mesothelioma Lawsuit Take?
So how long does a mesothelioma lawsuit take? For many people with mesothelioma, time is running out. This is especially true for people who suffer from malignant, end-stage mesothelioma. Time is often short for these patients as they many only a few months to live.
Most mesothelioma compensation packages are done in carefully negotiated settlements handled by lawyers who specialize in mesothelioma and asbestos litigation. Courts have set up complex legal frameworks over the past several decades so that people suffering from these terrible diseases could obtain compensation to help them with their bills, pain, and suffering, and provide for their families.
Asbestos Lawsuits and Settlement Framework
The major purpose of compensation in a mesothelioma settlement or judgment is for serious damages, which usually consist of
- Extensive medical and healthcare costs – past, ongoing and future
- Lost wages due to inability to work
- Living and care expenses that are ongoing
Some plaintiffs have seen large settlements after the jury rendered a verdict. But many claimants would prefer to not go through a months-long trial and get their settlement done as soon as possible. After all, most patients with this dreaded disease have urgent healthcare needs for which they need compensation now.
How to Negotiate the Best Settlements for Asbestos Exposure
Attorneys for the plaintiff and the defendant work in the best interest of their client. For you the patient, you want to get the most amount of money in the shortest period. But for the company on the defense, the wise strategy may be to drag their feet and force the plaintiff to settle for much less.
It is an unpleasant truth, but it is not uncommon for the defendant company to drag out court proceedings until the plaintiff dies from the disease. However, skilled mesothelioma attorneys know this tactic. They also know the company may offer a lowball settlement offer from the start to get the case finished. It is the plaintiff’s attorney’s job to know the best way to get the best compensation for a settlement in a mesothelioma case.
Also, experienced mesothelioma law firms have connections and experience to speed mesothelioma financial compensation settlements for their clients. Most mesothelioma lawsuits follow a strict timeline that starts within a statute of limitations to start an action once the disease diagnosis was made. Then there is a period of information exchange by both sides.
It often can take two or three years before a civil trial can commence on a mesothelioma case. The trial could last only one or two weeks. But waiting to get a settlement can take months or years. Few patients have that luxury of time. The best option to get the best settlement quickly is to hire an experienced mesothelioma lawyer near you to get the case expedited.
Get Mesothelioma Settlements Help
With over $30 billion available for victims through the Asbestos Trust Funds, you could be entitled to financial mesothelioma victim compensations without ever filing a lawsuit. Mesothelioma & Lung Cancer victims qualify immediately. Complete the form or call us toll free (800) 352-0871
References
- Mealey’s Litigation Report on Asbestos. (2015). Retrieved from http://gnarusllc.com/wp-content/uploads/2016/07/ASB121615cm.pdf