Mesothelioma, a rare and aggressive form of cancer caused by exposure to asbestos, can be devastating both physically and financially. This is why mesothelioma settlements are often sought after by victims and their families. In this article, we’ll explore what typical mesothelioma settlements entail and what factors contribute to their determination.
If you or someone you know has been diagnosed with mesothelioma and is seeking compensation, it’s important to understand how the process works and what to expect. Let’s dive in.
What Is a Mesothelioma Settlement? 💰
A mesothelioma settlement is a legal agreement between a plaintiff (the victim or their family) and a defendant (the company or companies responsible for the asbestos exposure) that provides compensation for damages related to the illness. This compensation can cover things like medical expenses, lost wages, and pain and suffering.
Mesothelioma settlements can be reached through negotiations between the two parties or as a result of a court trial. It’s important to note that not all mesothelioma cases result in settlements, as some may go to trial and result in a jury verdict or be dismissed.
Factors That Affect Mesothelioma Settlements
There are a number of factors that can influence the amount of compensation awarded in a mesothelioma settlement, including:
|Extent of Exposure||The length and intensity of the victim’s exposure to asbestos.|
|Type and Severity of Mesothelioma||The stage and type of mesothelioma the victim has been diagnosed with.|
|Age and Health||The victim’s age and overall health at the time of diagnosis.|
|Employment History||The victim’s work history and exposure to asbestos on the job.|
|Defendant’s Liability||The degree of responsibility the defendant(s) have for the victim’s exposure to asbestos.|
|Jurisdiction and Court||The location and specific court where the case is being heard and settled.|
|Negotiation Skills of Lawyer||The experience, skills, and track record of the plaintiff’s lawyer negotiating on behalf of the victim or their family.|
What Is the Average Mesothelioma Settlement Amount? 💸
The average mesothelioma settlement amount varies widely depending on the specific circumstances of the case. According to a RAND Corporation study, the median mesothelioma settlement amount is around $1 million, while the average is $1.2 million. However, individual settlements can range from a few thousand dollars to several million.
There are also some other factors that can affect the amount of a settlement, such as the number of defendants involved and the specific state and court where the settlement is being reached.
What Are Some Examples of Mesothelioma Settlements? 📈
Here are some recent examples of mesothelioma settlements:
– In 2021, a former construction worker diagnosed with mesothelioma received a $6 million settlement from a company responsible for asbestos exposure at a worksite.
– In 2020, the family of a deceased mesothelioma victim reached a $12 million settlement with a talc mining company.
– In 2019, a former railroad employee diagnosed with mesothelioma received a $10.6 million settlement from two railroad companies.
Common FAQs About Mesothelioma Settlements
Q: How long does it take to receive a mesothelioma settlement? 🕰
A: It can take several months to several years to reach a mesothelioma settlement, depending on the specific circumstances of the case and the negotiation process.
Q: Can I still receive a mesothelioma settlement if the company responsible for my exposure is bankrupt? 💸
A: Yes, victims can still receive compensation through bankruptcy trusts established by companies that have filed for bankruptcy due to asbestos-related lawsuits.
Q: What happens if I die before the mesothelioma settlement is reached? ☠️
A: If the victim dies before a settlement is reached, their family may be able to continue the legal process and receive compensation on their behalf.
Q: Do I need a lawyer to reach a mesothelioma settlement? 👨💼
A: It’s highly recommended that mesothelioma victims and their families work with an experienced lawyer who specializes in asbestos-related cases to ensure they receive the compensation they deserve.
Q: How is the mesothelioma settlement amount determined? 💰
A: The mesothelioma settlement amount is determined by a variety of factors, including the extent of exposure, the victim’s age and health, the defendant’s liability, and more.
Q: Can I receive a mesothelioma settlement if I was exposed to asbestos outside of work? 👨👩👧
A: Yes, victims who were exposed to asbestos outside of work (such as through products or premises) may still be eligible for compensation through mesothelioma settlements.
Q: What if I can’t afford a mesothelioma lawyer? 💸
A: Many mesothelioma lawyers work on a contingency fee basis, meaning they only get paid if you win compensation. Additionally, some firms may offer free consultations or reduced fees for mesothelioma victims and their families.
Q: How much does a mesothelioma lawyer charge? 💰
A: Mesothelioma lawyers typically charge a contingency fee of around 30% of the settlement or trial award.
Q: Can I still reach a mesothelioma settlement if I smoked cigarettes? 🚬
A: Yes, smoking does not disqualify a mesothelioma victim from seeking compensation through settlements, although it may affect the amount awarded.
Q: Can mesothelioma settlements be appealed? 🧐
A: Yes, mesothelioma settlements can be appealed if the victim or their family believes the amount of compensation awarded is not fair.
Q: How do I find a mesothelioma lawyer? 👨💼
A: You can research mesothelioma lawyers online, ask for referrals from other mesothelioma victims or support groups, or contact organizations like the Mesothelioma Applied Research Foundation for recommendations.
Q: What if I live in a different state than the defendant(s)? 🌎
A: It’s possible to reach a mesothelioma settlement with defendants located in different states or even countries, as long as the jurisdiction and court where the case is being heard has legal authority over those defendants.
Q: Do mesothelioma settlements include punitive damages? 💸
A: In some cases, mesothelioma settlements may include punitive damages, which are meant to punish the defendant for their negligence or misconduct.
If you or someone you know has been diagnosed with mesothelioma, seeking a settlement can be an important step towards recovering the compensation you deserve. While the amount of compensation awarded can vary widely, understanding the factors that determine mesothelioma settlements and working with an experienced lawyer can help ensure you receive a fair outcome. Don’t hesitate to take action and pursue your legal options.
This article is for informational purposes only and should not be used as legal advice. Consult with a qualified mesothelioma lawyer to discuss your specific circumstances and legal options.