Prolonged asbestos exposure can cause numerous diseases and conditions, including mesothelioma, which is an aggressive and deadly form of cancer.
Mesothelioma is rare and affects the layer of tissue that covers most of the body's organs. There's only one cause related to this type of cancer: asbestos exposure.
However, although asbestos manufacturers of asbestos products have long known that this material was dangerous, they didn't label it a "cancer-causing agent" and sold it for decades.
As a result, many people developed mesothelioma after exposure to asbestos, and lawsuits were inevitable.
Asbestos companies often offer settlements to victims in exchange for ending the mesothelioma lawsuit against them. However, many wonder if they should take legal action and seek compensation.
What is the average mesothelioma settlement amount in asbestos exposure cases? Here's all the information that victims and their loved ones should know.
The Average Mesothelioma Lawsuit Settlement
People who developed this aggressive and deadly type of cancer or their relatives, after their passing, can file a lawsuit against asbestos companies for exposure to this dangerous material.
Most lawsuits intend to hold them accountable for their negligence and pursue monetary remuneration for victims. Settlements are common forms of compensation.
Companies offer settlements to victims willing to drop the lawsuit against them. However, how much money plaintiffs can receive depends on the severity of the case and the asbestos exposure.
Overall, the average mesothelioma settlement is between $1 million and $2 million.
Why Do People File a Mesothelioma Lawsuit?
As mentioned, many manufacturers and sellers of asbestos products knew that this material was dangerous but failed to inform users of such risks.
Instead, these companies sold asbestos products for decades, profiting from this dangerous material while millions of people were exposed to it.
Inhaled and ingested asbestos can become lodged in the lining of the body's organs, including the lungs. These fibers can cause different deadly diseases and conditions, including lung cancer and mesothelioma.
How Can Mesothelioma Victims Recover Money?
Mesothelioma patients not only face a high risk of death but often spend thousands of dollars on treatment. These costs can average up to $12,000 a month, covering chemotherapy, radiation, and surgery.
However, it isn't fair that people should deal with such a financial burden due to asbestos manufacturers' negligence. Victims and their families deserve to recover compensation for all pain, suffering, and expenses.
Overall, there are two common types of compensation for mesothelioma lawsuits: settlements and verdicts. A person who develops this type of cancer can take legal action against manufacturers or sellers.
If the mesothelioma patient dies, their loved ones may also be eligible to file a claim against these companies.
However, it's important to understand the two types of compensation to streamline the legal process. Here's more information on each.
What Is a Mesothelioma Settlement?
A mesothelioma settlement is a payment that an asbestos manufacturer or seller agrees to make to resolve a mesothelioma claim. However, there isn't a fixed amount of money for all cases.
The amount that patients or families coping with mesothelioma receive results from lengthy negotiations between victims' lawyers and the party responsible for the asbestos exposure.
Many families accept mesothelioma settlements because they're the best way to get quicker compensation compared to going to court and waiting for a judge's verdict.
However, mesothelioma settlements are also legally binding, which means asbestos manufacturers may face further legal action if they don't pay the negotiated sum on time.
In simple terms, mesothelioma settlements are guaranteed compensation for many patients and families.
What Is a Mesothelioma Verdict?
Unlike settlements, a mesothelioma verdict results from a court trial and is the compensation that a jury grants to the victims.
While these payouts are often higher than a mesothelioma lawsuit settlement, verdicts are not guaranteed forms of compensation, as defendants can appeal to overturn it completely or pay a reduced amount.
What Is the Average Trial Verdict for Mesothelioma?
As explained above, amounts may vary depending on the severity of the case. However, many mesothelioma patients have received awards worth millions of dollars after asbestos litigation.
The average trial verdict amount for this type of cancer is between $5 million and $11.4 million.
However, these sums may be considerably lower if the company responsible for the asbestos exposure is bankrupt, for example.
Which Option is Better?
Mesothelioma victims must evaluate their particular case to choose the best option.
Accepting a mesothelioma settlement from the at-fault party means plaintiffs will receive compensation faster. It's an immediate solution for people who must cover treatment expenses right away.
However, verdicts may be better for those hoping to receive high compensation, as they often result in higher payouts. Schuerger Shunnarah Trial Attorneys can help with questions such as, "How do you prove mesothelioma?"
It's important to know that most mesothelioma lawsuits settle before trial, as patients and families coping with this type of cancer prefer fast and guaranteed compensation.
Why Do People Accept Mesothelioma Settlements? What Are the Benefits?
As mentioned, mesothelioma settlements are a form of guaranteed compensation.
Although the negotiated amount is often lower than what plaintiffs could earn at trial, mesothelioma settlements offer certainty that victims will receive the money.
It doesn't happen when people file a lawsuit and pursue compensation through court. A trial verdict often results in larger awards for damages and losses. However, there's no guarantee that the jury will side with the victims.
Even the most experienced and qualified mesothelioma attorneys know that there are many risks associated with court battles. Victims could lose the case and never recover compensation.
Reasons Why a Defendant May Agree to a Mesothelioma Lawsuit Settlement
There are many reasons why a defendant might agree to settle a mesothelioma case before reaching court. These are:
The defendant discovers information that favors the plaintiff.
There isn't enough time to complete detailed research before the trial.
A compelling deposition gives the plaintiff a better chance of winning the case.
The defendants don't want to pay ongoing legal fees for prolonged court battles.
A key witness or expert needed to win the case is not available.
However, no party should decide to settle a case out of court without the advice of an experienced mesothelioma attorney.
Experienced mesothelioma lawyers know that this type of cancer is aggressive. In addition, they understand the nature of asbestos-related diseases and are willing to fight for victims' rights.
Plaintiffs with strong evidence to support their case may have a better chance of winning if they go to court. However, that doesn't always happen. Therefore, victims or their families should contact a seasoned lawyer and get expert guidance to determine if it's better to gather evidence to negotiate a favorable mesothelioma settlement amount or fight for a fair verdict in court.
Factors That May Affect Mesothelioma Settlement Amounts
Many factors can affect the potential settlement amount defendants may agree to resolve a mesothelioma claim. Medical expenses, lost wages, and punitive damages are a few of them.
Many mesothelioma settlement amounts also change depending on the number of companies named in the lawsuit. Schuerger Shunnarah Trial Attorneys can explain what you can claim for with mesothelioma.
Here's more information on each factor that can affect mesothelioma compensation.
Economic Damages
This category includes the expenses and monetary losses victims suffered as a result of an asbestos-related disease. Mesothelioma patients often experience financial difficulties due to the huge medical bills they must pay to cover cancer treatment.
In addition, both victims and their families often focus on caregiving, so they're unable to work and lose wages.
The amount that victims may recover after a trial verdict is also based on economic and punitive damages.
Essentially, mesothelioma settlements must offer fair compensation that covers expenses for cancer-related treatment and lost income.
Punitive Damages
Besides compensatory damages, which encompass expenses or economic losses, jurors often award punitive damages as part of the compensation to mesothelioma victims.
However, punitive damages don't cover monetary losses but are intended to penalize the at-fault party for their negligence or carelessness. Their main purpose is to deter other individuals and entities from acting in a similar way.
Both defendants and plaintiffs work with seasoned attorneys throughout the process, so punitive damages are often part of the negotiations for asbestos lawsuit settlements.
Punitive damages are rarely addressed in settlements between the mesothelioma patient and the at-fault party because defendants often resist paying them. However, a skilled personal injury lawyer can convince the defense attorney to pay a larger sum if they think their clients could be punished with this type of compensation in court.
Negligence
If a manufacturer or seller intentionally allowed asbestos products to harm people, compensatory amounts are often higher.
A financial liability is often significant when a company is negligent. In fact, many historic cases result in verdicts of tens of millions of dollars when the at-fault party knowingly allowed asbestos exposure.
Therefore, defendants who have settled or lost mesothelioma cases in the past often want to negotiate a settlement with victims.
Going through the trial process again means they may be ordered to pay you huge sums, even greater than the amounts awarded in previous lawsuits.
Number of Companies Named in the Lawsuit
As mentioned, the number of companies named in a lawsuit may also affect the mesothelioma settlement.
Many plaintiffs file claims against multiple asbestos manufacturers and sellers. In these cases, defendants often negotiate to settle early without going to court, avoiding huge expenses, prolonged legal battles, and negative publicity.
Jurisdiction
Mesothelioma settlement amounts can also vary based on each state's regulations and requirements to prove liability or negligence.
In Texas, plaintiffs must prove four elements to recover compensation for someone else's carelessness or negligence. These are:
Duty of care
Breach of duty of care
Causation
The existence of injuries, illnesses, or damages
Most people struggle to establish causation, which is considered the most difficult thing to prove in a personal injury claim.
What Is Causation?
"Causation" describes something that produces a result or effect and includes two elements: actual cause and proximate cause.
The actual cause explains and proves that a person's or entity's negligence resulted in the plaintiff's injury or disease.
Additionally, to establish proximate cause, the plaintiff must prove that the injuries they suffered were foreseeable by the liable company or individual.
Is There a Cap on Punitive Damages in Texas?
Texas established a cap on punitive damages over 35 years ago, limiting compensation to four times the amount for actual damages or $200,000, whichever is higher.
In 1995, the state revisited this cap, setting it at an amount equal to the greater of two times the sum of economic damages plus the amount equal to non-economic damages (capped at $750,000), or $200,000.
Types of Mesothelioma Lawsuits and Claims
There are also different types of mesothelioma lawsuits and claims, so settlement amounts can vary accordingly.
However, the most popular types are personal injury claims and wrongful death lawsuits.
Personal Injury Lawsuits
People planning to file a personal injury lawsuit for an asbestos-related disease must prove mesothelioma diagnosis, document exposure, and connect the condition to that event.
An experienced mesothelioma lawyer often helps victims gather the evidence they need to prove both aspects and build a strong case.
Even if the victim doesn't know how they were exposed to asbestos, seeking help from an experienced mesothelioma attorney can make a difference, as legal experts can perform a detailed investigation to figure out who is responsible for the diagnosis.
As mentioned, each case is unique, but most personal injury lawsuits for mesothelioma settle for over $1 million.
Wrongful Death Lawsuits
Unfortunately, mesothelioma is a deadly type of cancer, and there is no known cure for this disease. Symptoms can take decades to develop but are fatal in most cases.
A person who has lost a loved one to asbestos exposure deserves fair compensation, too.
Therefore, a victim's family or estate can file a wrongful death claim and recover compensation for the pain, suffering, and expenses related to their relative's passing.
The average mesothelioma wrongful death settlement is $1 million. Verdicts are often higher.
How an Experienced Lawyer Can Help Victims Recover Fair Compensation
An experienced attorney can assist victims through asbestos litigation proceedings and help them win fair mesothelioma settlements and verdicts.
Whether mesothelioma victims want to fight the case in court and hold at-fault asbestos manufacturers for their negligence or resolve the lawsuit through a settlement before trial, Schuerger Shunnarah Attorneys is ready to help them!
Our seasoned mesothelioma attorneys have extensive experience handling asbestos exposure cases and are committed to helping victims recover the compensation they deserve.
Were you or a loved one diagnosed with mesothelioma? Did the disease result from asbestos exposure caused by someone else's negligence? Call us today. We go to war for you!