Mesothelioma Settlements

How Are Mesothelioma Settlements Determined?

A mesothelioma victim’s lawyers work with the lawyers representing the manufacturers of asbestos-containing products to determine a fair settlement.

As a mesothelioma lawsuit progresses, the mesothelioma victim’s lawyers will try to show how the manufacturers are responsible for causing the disease. The lawyers will look at several factors to determine how much money they will request from the manufacturers.

As a victim’s lawyers consider these factors, lawyers representing the manufacturers of asbestos-containing products will build a case to show why their clients are not responsible. The legal teams then come together, present their cases, and try to work toward a settlement.

Most judges encourage lawyers to reach a settlement that is fair for both parties, according to the Administrative Office of the U.S. Courts. This saves expensive public court time, speeds up the legal process, and allows the lawsuit to be resolved quickly.

Mesothelioma Settlement Time Frame

Most mesothelioma lawsuits that settlements typically begin to pay victims within a year’s time. The payout typically depends on the schedules of each manufacturer named in the lawsuit, and when they reach a settlement with the victim’s lawyers.

For example, a victim could receive settlement money in a matter of weeks from one defendant, while they may have to wait longer to receive compensation from the others.

To get a better understanding of settlement compensation payout timelines, it is important to understand the legal process as a whole.

Most mesothelioma lawsuits follow this process:

1. Gathering evidence: Asbestos lawyers work with mesothelioma victims to build a legal case. The lawyers gather evidence that shows when, where, and how the victim was exposed to asbestos, how this caused their illness, what manufacturers may be responsible, and how much money the victim should receive.
2. Filing the case: The lawyers then file the lawsuit and all the manufacturers named in the lawsuit must respond.
3. Discovery: Lawyers from both sides then collect and present evidence to support their claims. Lawyers representing the manufacturer will try to disprove the victim’s claims. Additional evidence, including witness testimonies, is collected during this stage.
4. Settlement: The lawyers representing both sides meet and try to resolve the case through a settlement. If the lawyers cannot come to an agreement, the case proceeds to a trial.

Some cases may move faster if evidence is readily available. For example, if a mesothelioma victim worked directly with asbestos-containing products at their job for several decades, it may be easier to gather evidence for that case than for someone who did not regularly come into contact with asbestos.

An asbestos lawyer can give a better estimate as to how long it may take to settle a lawsuit.

Mesothelioma Settlement Amounts

When a lawsuit is first filed, the victim and their lawyers will request a certain amount of money based on the victim’s expenses, pain and suffering, and other factors. Lawyers representing the manufacturers of asbestos-containing products will try to limit the amount of money the company must pay.

Though both sides must compromise, ultimately a victim should walk away with enough money to cover their medical expenses by reaching agreements with each manufacturer named in the lawsuit.

Average Mesothelioma Settlements

The average mesothelioma settlement is $1 Million to $1.4 Million, according to recent industry reports. Some lawsuits may award more or less than this amount depending on the specifics of each case.

Average Wrongful Death Settlements for Mesothelioma

If someone dies due to mesothelioma, their estate representatives can file a wrongful death lawsuit against the manufacturers of asbestos-containing products that may be responsible.

Wrongful death lawsuits that are settled out of court will pay a lump sum to the victim’s loved ones based on what both legal teams determine to be a fair amount.

Each wrongful death lawsuit is different, meaning settlement amounts will vary for every case.

Mesothelioma Settlements 2020

Recent mesothelioma settlements continue to award victims with millions in compensation.

In January 2020, Johnson & Johnson settled a mesothelioma lawsuit for over $2 Million. The settlement came as the case was in the trial phase, according to the Claims Journal.

Bloomberg News also reported that Johnson & Johnson settled at least three mesothelioma lawsuits in 2019. However, the settlement amounts were not released to the public.

Other Ways to Receive Compensation

Mesothelioma settlements are not the only way that victims can receive financial compensation. Other options may allow victims to receive more compensation than through a settlement or provide them with additional money.

Learn more about other compensation options below.

Trial Verdicts

If both legal teams cannot agree on a settlement, the case will go to trial. During a mesothelioma trial, a judge and/or jury will hear both sides of the case and determine a winner.

While a successful trial verdict may award victims with more compensation than a settlement, most lawyers try to avoid them.

Negative aspects of a trial include:

• Added time: Trials can add months (or years) to a mesothelioma lawsuit, delaying compensation to victims who may only have a few years (or months) to live.
• Potential to lose: If a judge or jury sides with a manufacturer of asbestos-containing products, the victim won’t receive any compensation from that manufacturer unless they file an appeal.
• Cost: Trials can be more expensive than settling a case out of court. So, even if a trial awards a victim with more compensation, they might end up with less money after these extra expenses are accounted for.
• Appeals: Through an appeal, the losing side in a case requests that a higher-level court review the decision. This could turn a victim’s win into a loss or vice versa. In either case, appeals may extend the length of a trial even further.

Lawyers can recommend whether a mesothelioma settlement will be better than a trial in your specific situation. A vast majority — if not all — of the manufacturers named in a mesothelioma lawsuit will want to settle to avoid the risks.

Asbestos Trust Funds

Asbestos trust funds were established by manufacturers of asbestos-containing products to avoid the heavy influx of lawsuits that amassed after the dangers of asbestos were uncovered.

These manufacturers filed for bankruptcy and set aside large sums of money into asbestos trust funds. In exchange, bankruptcy courts prevented the manufacturers from being sued.

Asbestos trust funds currently contain over $30 Billion, according to the United States Government Accountability Office.

All asbestos trust funds have established rules that allow mesothelioma victims to access compensation. If a mesothelioma claim meets these rules, the victim will receive a payout.

However, most trust funds cannot pay trust fund claims in full without dissolving, according to the RAND Institute for Civil Justice. Instead, trust funds pay percentages on the claims, which can significantly limit the actual amount of compensation someone receives.

Workers’ Compensation Claims

Workers’ compensation allows employees to receive financial aid if they were injured or got sick on the job. Those who were exposed to asbestos at their job and developed mesothelioma may qualify for workers’ compensation.

Workers’ compensation claims are paid either by state funds or private insurance companies, according to the U.S. Department of Labor.

Mesothelioma patients should connect with an experienced lawyer before filing for workers’ compensation, since this payout may not be enough to cover all the costs of treatment. Other types of compensation may be better suited to help patients.

Military Compensation

Roughly 33% of all mesothelioma victims are veterans, as all branches of the U.S. military relied on asbestos until the early 1980s. In light of this, the Department of Veterans Affairs (VA) has established a number of programs to compensate veterans with mesothelioma.

Benefits for veterans with mesothelioma include:

• Disability Compensation: Veterans with mesothelioma usually qualify for tax-free disability payments, as the VA considers the cancer to be totally disabling.
• VA Health Care: Through the VA Health Care system, veterans may be able to receive medical treatment from mesothelioma specialists.
• VA Pension: Veterans may qualify for a pension if they meet the income limit set by Congress.
• Other benefits: Some veterans may qualify for Aid & Attendance (A&A), burial compensation, and other care services.

Veterans can apply for these benefits with the help of a VA-accredited mesothelioma lawyer or claims agent. Applying for VA benefits can otherwise be difficult since the process is rather complicated.

Common Questions About Mesothelioma Settlements

As you consider mesothelioma settlements and other legal options, you may have questions. Below, we’ve compiled some of the most common questions — and answers — about mesothelioma settlements.

Are mesothelioma lawsuit settlements taxable?

Mesothelioma settlements may or may not be taxable, depending on how the award is paid out.

With some exceptions, the settlement money from personal injury lawsuits is not taxable, according to the Internal Revenue Service (IRS). However, you may have to pay taxes on punitive damages, which is compensation that is awarded to punish the manufacturers of asbestos-containing products that harmed you.

To make sure you receive the highest amount of compensation possible, work with an experienced mesothelioma lawyer.

What are examples of recent mesothelioma settlements?

Some recent mesothelioma settlements have awarded victims with millions of dollars.

These settlements allowed victims to find financial security and justice in the wake of a devastating mesothelioma diagnosis.

Who receives compensation in a wrongful death settlement?

In the case of a wrongful death settlement, the victim’s family members and/or estate will receive compensation. Which family members receive compensation will vary depending on the circumstances of each case.

Should I agree to a settlement or take my case to trial?

In most cases, mesothelioma lawyers will recommend that you settle a case rather than take it to trial.

There is no guarantee that you will win a trial, and even if you win you could walk away with less money. While you could also receive more money depending on the verdict, it’s often not worth the risk.

As your lawsuit proceeds, talk to your lawyer about your options. They can recommend whether to settle a lawsuit or take it to trial.

Legal Support for Mesothelioma Settlements

Mesothelioma brings more than its fair share of physical and emotional stress to you and your family, and the last thing you need to be worrying about is how you will pay for medical care.

Mesothelioma settlements can allow you to receive crucial compensation to pay for medical treatments at a time when you need it most. With help from experienced lawyers, mesothelioma settlements may cover the majority of your expenses.

You can also rest a little easier knowing that the manufacturers of asbestos-containing products had to pay for the harm and suffering they caused you. Since mesothelioma is such an aggressive form of cancer, your lawyers will work to get the most amount of compensation in the shortest amount of time.

To learn more about mesothelioma settlements and your legal options, get a free legal case review today.