💰Understanding Compensation for Mesothelioma Victims💰
Welcome to our article about the usual payout for mesothelioma patients. Mesothelioma is a rare and aggressive cancer that affects the lining of the lungs, abdomen, and heart. It is caused by exposure to asbestos, which was widely used in industries like construction, mining, and manufacturing until the 1970s.
If you or a loved one has been diagnosed with mesothelioma, you may be wondering if you are entitled to compensation. In this article, we will explain the legal options available to mesothelioma patients and their families, and provide information about the typical payout amounts in mesothelioma cases.
📜Mesothelioma Settlements and Verdicts📜
When mesothelioma patients or their families file a lawsuit, they may be seeking compensation for their medical expenses, lost wages, pain and suffering, and other related damages. In some cases, a settlement may be reached before the case goes to trial, while in other cases a jury will decide the verdict.
According to a report by the RAND Corporation, the average mesothelioma settlement is between $1 million and $1.4 million, and the average mesothelioma trial award is around $2.4 million.
Year |
Type of Case |
Award Amount |
2017 |
Settlement |
$2,000,000 |
2018 |
Verdict |
$4,600,000 |
2019 |
Settlement |
$1,100,000 |
2020 |
Verdict |
$7,200,000 |
💵Factors Affecting Mesothelioma Payouts💵
It’s important to note that there is no set amount for mesothelioma payouts, as each case is unique and depends on several factors such as:
- The severity of the disease
- The length and intensity of asbestos exposure
- The patient’s age and overall health
- The state where the lawsuit is filed
- The defendant’s financial resources
- The strength of the evidence against the defendant
How to File for Mesothelioma Compensation?
To seek compensation for mesothelioma, patients or their families typically file a lawsuit against the companies responsible for their asbestos exposure.
There are generally two types of lawsuits that mesothelioma patients can file:
- Personal injury lawsuit: filed by the mesothelioma patient to seek compensation for their own damages.
- Wrongful death lawsuit: filed by the surviving family members of a mesothelioma patient who has passed away.
🤝Mesothelioma Settlement vs. Mesothelioma Trial🤝
As mentioned earlier, mesothelioma cases can be resolved through a settlement or a trial. In a settlement, the defendant agrees to pay a certain amount of money to the plaintiff in exchange for dropping the lawsuit. Settlements are often preferred by both parties because they are usually faster and less expensive than going to trial.
If a case goes to trial, a jury will hear the evidence presented by both sides and decide on a verdict. The verdict may involve a monetary award to the plaintiff, which may be higher or lower than what was offered in a settlement.
💡Frequently Asked Questions💡
Q: Can I file a mesothelioma lawsuit even if I don’t know where or when I was exposed to asbestos?
A: Yes, it is still possible to file a lawsuit even if you are unsure of the specific source of your asbestos exposure. A qualified mesothelioma lawyer can help you investigate and identify potential sources of exposure.
Q: How long does it take to receive a mesothelioma payout?
A: The length of time it takes to receive a mesothelioma payout varies depending on whether the case is settled or goes to trial. Settlements can take anywhere from a few months to a year, while trials can take several years to complete.
Q: Will I have to pay taxes on my mesothelioma compensation?
A: In most cases, mesothelioma compensation is not subject to federal income tax. However, it’s important to consult with a tax professional to fully understand your tax obligations.
Q: Can I file a mesothelioma lawsuit if the company responsible for my exposure is no longer in business?
A: Yes, it is possible to file a lawsuit even if the company responsible for your exposure is no longer in business. A mesothelioma lawyer can help you explore your legal options and identify other liable parties.
Q: Is there a statute of limitations for mesothelioma lawsuits?
A: Yes, each state has its own statute of limitations for filing a mesothelioma lawsuit. It’s important to contact a mesothelioma lawyer as soon as possible to avoid missing the deadline.
Q: Can I file a mesothelioma lawsuit on behalf of a deceased family member?
A: Yes, surviving family members can file a wrongful death lawsuit on behalf of a loved one who has passed away from mesothelioma.
Q: Do I need to have a diagnosis of mesothelioma to file a lawsuit?
A: Yes, you must have a diagnosis of mesothelioma or another asbestos-related disease to file a lawsuit. You will need to provide medical records and other evidence to support your claim.
Q: How much does it cost to hire a mesothelioma lawyer?
A: Most mesothelioma lawyers work on a contingency fee basis, which means they only receive payment if you receive a settlement or trial award. The fee is typically a percentage of the compensation you receive, and varies depending on the lawyer and the complexity of your case.
Q: Can I still file a mesothelioma lawsuit if I am receiving workers’ compensation benefits?
A: Yes, you may still be able to file a lawsuit even if you are receiving workers’ compensation benefits. A mesothelioma lawyer can help you understand your legal options.
Q: What types of damages can I be compensated for in a mesothelioma lawsuit?
A: Mesothelioma patients and their families may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other related damages.
Q: Do I need to go to court if I file a mesothelioma lawsuit?
A: It depends on whether the case can be settled or if it goes to trial. Your mesothelioma lawyer can represent you in court if necessary.
Q: Can I file a mesothelioma lawsuit if I am a military veteran?
A: Yes, military veterans who were exposed to asbestos during their service may be eligible to file a mesothelioma lawsuit against the government or the companies that provided the asbestos-containing products.
Q: Can I file a mesothelioma lawsuit against my employer?
A: Yes, if your employer exposed you to asbestos and knew or should have known of the risks, you may be able to file a lawsuit against them.
Q: Do I need to live in the state where the lawsuit is filed?
A: No, you do not need to live in the state where the lawsuit is filed. However, it’s important to work with a mesothelioma lawyer who is licensed to practice in that state.
🔍Conclusion: Seek Legal Help Today🔍
As you can see, mesothelioma cases can be complex, and the payout amounts can vary widely depending on several factors. If you or a loved one has been diagnosed with mesothelioma, it’s important to seek legal help as soon as possible to understand your legal options and maximize your compensation.
We hope this article has provided useful information about the usual payout for mesothelioma patients, and we encourage you to take action today to protect your rights and get the compensation you deserve.
Disclaimer:
The information provided in this article is not legal advice and should not be relied upon as such. Mesothelioma cases are complex and require the expertise of a qualified mesothelioma lawyer. Please consult with a lawyer to discuss your specific case and legal options.
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