Hello, and welcome to our guide to average mesothelioma settlements. Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos. The sad reality is that most people with mesothelioma were exposed to asbestos while on the job. If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. In this article, we’ll explain everything you need to know about average mesothelioma settlements, including how they’re calculated, what factors affect the amount you may receive, and more.
Before we dive into the details, it’s worth noting that mesothelioma is a serious illness that affects thousands of people each year. If you or a loved one has been diagnosed with mesothelioma, we urge you to seek medical attention as soon as possible.
With that said, let’s dive into our guide to average mesothelioma settlements.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the mesothelium, which is the thin layer of tissue that lines the lungs, chest wall, and abdomen. The most common type of mesothelioma is pleural mesothelioma, which affects the lining of the lungs. Other types include peritoneal mesothelioma (which affects the lining of the abdomen), pericardial mesothelioma (which affects the lining of the heart), and testicular mesothelioma (which affects the lining of the testicles).
The primary cause of mesothelioma is exposure to asbestos, a naturally occurring mineral that was once widely used in construction, shipbuilding, and other industries. When asbestos fibers are inhaled or ingested, they can become lodged in the mesothelium and eventually lead to the development of mesothelioma.
How Are Average Mesothelioma Settlements Calculated?
When someone is diagnosed with mesothelioma, they may be entitled to compensation from the parties responsible for their asbestos exposure. This compensation can come in the form of a settlement or a verdict in a mesothelioma lawsuit.
The amount of compensation a person may receive depends on a variety of factors, including:
|Medical Expenses||The cost of medical treatment for mesothelioma, including surgery, chemotherapy, radiation therapy, and more.|
|Lost Wages||The income a person has lost as a result of being unable to work due to mesothelioma.|
|Pain and Suffering||The physical and emotional pain and suffering a person has experienced as a result of mesothelioma.|
|Other Damages||Other damages that may be awarded in a mesothelioma settlement, such as loss of consortium, funeral expenses, and more.|
Generally speaking, the more severe a person’s mesothelioma is, the higher their settlement or verdict may be. Likewise, the more parties that are responsible for the person’s exposure to asbestos, the higher the settlement or verdict may be.
What are the Average Mesothelioma Settlements?
The average mesothelioma settlement varies depending on several factors, such as the severity of the disease, the plaintiff’s age, and more. However, according to recent data, the average mesothelioma settlement is between $1 million and $1.4 million. That said, some settlements have been known to reach several million dollars.
Factors That Affect the Amount of a Mesothelioma Settlement
As we mentioned earlier, the amount of compensation a person may receive in a mesothelioma settlement depends on several factors. Here are some of the most important:
The Severity of the Disease
The more severe a person’s mesothelioma is, the higher their settlement or verdict may be. This is because mesothelioma can be a painful and debilitating disease that can lead to a loss of quality of life.
The Plaintiff’s Age
The age of the plaintiff can also affect the amount of compensation they may receive. In general, younger plaintiffs may receive higher settlements since they have more years ahead of them to suffer from the effects of mesothelioma.
The Parties Responsible for Asbestos Exposure
Another important factor is the parties responsible for the plaintiff’s asbestos exposure. If multiple parties are responsible, the settlement or verdict may be higher.
The jurisdiction in which the lawsuit is filed can also affect the amount of compensation a person may receive. Some jurisdictions are known for being more favorable to plaintiffs in mesothelioma cases.
Additional Factors to Consider
While these are the most important factors to consider when it comes to mesothelioma settlements, there are other factors that can affect the amount of compensation a person may receive. These can include:
The Plaintiff’s Work History
If the plaintiff has a long work history in a high-risk industry, they may be entitled to higher compensation.
The Plaintiff’s Smoking History
Smoking can increase a person’s risk of developing mesothelioma, and it can also affect the amount of compensation they may receive. If the plaintiff has smoked, this can be used to argue that their mesothelioma was caused in part by smoking, rather than just asbestos exposure.
The Size of the Defendant’s Company
In some cases, larger companies may be willing to pay higher settlements to avoid public scrutiny and negative publicity.
The Plaintiff’s Legal Representation
The plaintiff’s legal representation can also play a role in the amount of compensation they receive. Experienced and skilled mesothelioma lawyers are more likely to achieve higher settlements and verdicts for their clients.
FAQs About Average Mesothelioma Settlements
1. What is the statute of limitations for filing a mesothelioma lawsuit?
The statute of limitations varies from state to state, but in most cases, it’s around two to three years from the date of diagnosis.
2. Can I still file a lawsuit if my loved one has passed away from mesothelioma?
Yes, you can still file a lawsuit on behalf of your loved one’s estate. This is known as a wrongful death lawsuit.
3. Can I file a lawsuit if my loved one was exposed to asbestos in the military?
Yes, veterans who were exposed to asbestos during their service may be entitled to compensation from the VA or through a mesothelioma lawsuit.
4. How long does it take to receive a mesothelioma settlement?
The timeline for receiving a settlement varies depending on the circumstances of your case. It can take anywhere from several months to several years.
5. Do I need to go to court to receive a mesothelioma settlement?
Not necessarily. Many mesothelioma cases are settled out of court.
6. What if I can’t afford a mesothelioma lawyer?
Many mesothelioma lawyers work on a contingency basis, which means you don’t have to pay anything upfront. Instead, they take a percentage of your settlement or verdict if you win your case.
7. Can I still file a lawsuit if I was exposed to asbestos a long time ago?
Yes, you can still file a lawsuit even if your exposure occurred many years ago. In fact, many mesothelioma cases involve exposure that occurred decades ago.
8. What is the average cost of mesothelioma treatment?
The cost of mesothelioma treatment varies depending on the severity of the disease and the type of treatment needed. However, it can often range from $100,000 to $1 million or more.
9. What if I was exposed to asbestos outside of work?
If you were exposed to asbestos outside of work, you may still be entitled to compensation. An experienced mesothelioma lawyer can help you determine your legal options.
10. Can I still file a lawsuit if the company responsible for my exposure went bankrupt?
Yes, you can still file a lawsuit in many cases. There are often trust funds set up to compensate mesothelioma victims even if the responsible company is no longer in business.
11. What if I’m not sure where my asbestos exposure occurred?
An experienced mesothelioma lawyer can help investigate your exposure history to determine who may be responsible for your asbestos exposure.
12. What if I live in a different state than the company responsible for my exposure?
You can still file a lawsuit in many cases. An experienced mesothelioma lawyer can help you navigate the legal process, even if you live in a different state than the company responsible for your exposure.
13. What if I’m not sure if I have mesothelioma?
If you’re experiencing symptoms that could be related to mesothelioma, you should seek medical attention as soon as possible. A doctor can perform tests to determine if you have mesothelioma or another condition.
We hope this guide to average mesothelioma settlements has been helpful in understanding your legal options if you or a loved one has been diagnosed with mesothelioma. While mesothelioma can be a devastating illness, it’s important to know that there is help available. If you’re considering filing a mesothelioma lawsuit, we encourage you to speak with an experienced mesothelioma lawyer who can guide you through the process and help you get the compensation you deserve.
Remember, mesothelioma cases can be complex, so it’s important to choose a lawyer who has experience handling mesothelioma cases specifically. We wish you all the best in your journey to seek justice and compensation.
The information presented here is intended for informational purposes only and should not be construed as legal advice. The contents of this article are not a substitute for legal advice from a qualified attorney. If you’re considering filing a mesothelioma lawsuit, we strongly recommend that you consult with an experienced mesothelioma lawyer who can advise you on your legal rights.
The contents of this article are accurate to the best of our knowledge at the time of publication, but laws and legal processes are subject to change. We make no warranty or representation as to the accuracy of the information presented here.