🔍 Understanding Mesothelioma Settlements
Asbestos exposure can lead to serious health conditions such as mesothelioma, a cancer that affects the lining of the lungs, heart, or abdomen. If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, you may be entitled to compensation. One way to seek compensation is through a mesothelioma settlement.
A mesothelioma settlement is a legal agreement between the plaintiff (the person who has been diagnosed with mesothelioma) and the defendant (the party responsible for the asbestos exposure). This agreement resolves the lawsuit without going to trial and usually involves the defendant paying a sum of money to the plaintiff.
What Factors Affect the Amount of a Mesothelioma Settlement?
The amount of a mesothelioma settlement can vary widely depending on several factors. These factors include:
| Factor | Description |
|---|---|
| The severity of the plaintiff’s illness | The more severe the mesothelioma, the higher the settlement may be. |
| The level of asbestos exposure | The higher the level of exposure, the higher the settlement may be. |
| The defendant’s ability to pay | If the defendant is a large corporation with deep pockets, the settlement may be higher. |
Other factors that can come into play include the plaintiff’s age, occupation, and overall health, as well as the strength of the evidence against the defendant.
How Does a Mesothelioma Settlement Differ from a Verdict?
A mesothelioma settlement is different from a verdict in that it is reached outside of the courtroom. In a verdict, a judge or jury determines the outcome of the case and decides on the amount of compensation the plaintiff is owed. In a settlement, the two parties come to an agreement without involving the court.
There are pros and cons to both options. A settlement can be reached more quickly and can offer more certainty in terms of the outcome. However, a verdict can potentially result in a higher amount of compensation and can set a legal precedent that benefits future plaintiffs.
đź’° What Was the Average Mesothelioma Settlement in 2017?
Why Is the Average Settlement Amount Important?
The average mesothelioma settlement amount can provide insight into what plaintiffs in similar situations have received in compensation. While every case is unique and the settlement amount will depend on the specific circumstances of the case, knowing the average can give plaintiffs an idea of what to expect and what they might be entitled to.
What Was the Average Mesothelioma Settlement in 2017?
According to a report by Mealey’s Litigation Report on Asbestos, the average mesothelioma settlement in 2017 was $2.4 million.
How Was the Data Collected?
The data was collected through surveys of plaintiffs’ attorneys and defendants’ attorneys who have handled mesothelioma cases. The report analyzed settlements that were reached in 2017 and did not include cases that went to trial or cases that were dismissed before trial.
What Factors Can Affect the Settlement Amount?
As previously mentioned, several factors can affect the amount of a mesothelioma settlement. In addition to the severity of the plaintiff’s illness, the level of asbestos exposure, and the defendant’s ability to pay, the following factors can also come into play:
- The number of defendants
- The state where the case is filed
- The plaintiff’s smoking history
- The plaintiff’s occupation
- The plaintiff’s age
- The strength of the evidence against the defendant
- Whether the case is settled before or after trial
âť“ FAQs about Mesothelioma Settlements
What Should I Do If I Am Diagnosed with Mesothelioma?
If you are diagnosed with mesothelioma, it is important to seek legal advice as soon as possible. A mesothelioma settlement can help you recover the financial compensation you need to cover medical expenses, lost income, and other damages.
How Long Does a Mesothelioma Settlement Take?
The duration of a mesothelioma settlement can vary depending on the specific circumstances of the case. Some cases may be settled in a matter of months, while others can take years to resolve.
Do I Need to Go to Court to Receive a Mesothelioma Settlement?
No, a mesothelioma settlement can be reached outside of the courtroom.
Do I Need to Prove Negligence to Receive a Mesothelioma Settlement?
In most cases, yes. To receive a mesothelioma settlement, you will need to prove that the defendant’s negligence led to your exposure to asbestos, resulting in your diagnosis of mesothelioma.
Can I File a Mesothelioma Lawsuit If the Company That Exposed Me to Asbestos Has Gone Out of Business?
It is possible to file a mesothelioma lawsuit even if the company that exposed you to asbestos is no longer in business. Your attorney can help you identify other avenues for seeking compensation, such as asbestos trust funds or insurance policies.
What Is an Asbestos Trust Fund?
An asbestos trust fund is a fund set up by companies that previously manufactured asbestos products. These funds are intended to provide compensation to mesothelioma victims who cannot receive compensation from the companies themselves due to bankruptcy or other reasons.
Can I Receive Compensation for Mesothelioma If I Am a Veteran?
Yes, veterans who were exposed to asbestos during their service may be eligible for compensation through the Department of Veterans Affairs (VA).
How Much Does It Cost to Hire a Mesothelioma Attorney?
The cost of hiring a mesothelioma attorney can vary depending on the specific attorney and the scope of your case. However, most mesothelioma attorneys work on a contingency basis, meaning they only get paid if you win your case or receive a settlement.
Do I Need to Live in the Same State as My Mesothelioma Attorney?
No, you do not need to live in the same state as your mesothelioma attorney. Many attorneys work with clients across the country and can handle your case remotely.
Can I Still File a Mesothelioma Claim If I Am Deceased?
Yes, your family members may be able to file a wrongful death claim on your behalf if you pass away from mesothelioma.
What Is the Statute of Limitations for Mesothelioma Claims?
The statute of limitations for mesothelioma claims varies by state. In most states, you have between one and five years from the date of diagnosis or the date of death to file a claim.
What Should I Look for in a Mesothelioma Attorney?
When looking for a mesothelioma attorney, it is important to choose someone who has experience with mesothelioma cases and a track record of success. You should also look for an attorney who offers a free consultation and works on a contingency basis.
Can I File a Mesothelioma Claim If I Was Exposed to Asbestos Through Secondhand Exposure?
Yes, if you were exposed to asbestos through secondhand exposure (such as through a family member who worked with asbestos), you may be able to file a mesothelioma claim.
How Can I Prepare for a Mesothelioma Settlement?
To prepare for a mesothelioma settlement, it is important to gather all relevant documentation, including medical records, employment history, and any other evidence that supports your case. You should also work with an experienced mesothelioma attorney who can guide you through the process.
📢 Take Action Today
If you or a loved one has been diagnosed with mesothelioma, don’t wait to take action. Contact an experienced mesothelioma attorney to learn more about your legal options and start pursuing the compensation you deserve.
đź“ť Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. The information contained in this article is based on sources b
elieved to be reliable, but no guarantee is made as to its accuracy or completeness.
