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Mesothelioma Settlements & Verdicts
While the average mesothelioma trial award is significantly higher than the average mesothelioma settlement, most lawsuits are settled out of court. A lawyer trained in asbestos litigation can help you decide the best option.
Most mesothelioma settlements begin as lawsuits. History shows an overwhelming majority of cases end in a settlement before reaching the courtroom.
Some cases go to trial, where a judge or jury can make a verdict that awards significant compensatory and punitive damages. However, trials may take a long time to conclude.
Settlement and verdict amounts may depend on:
Compensation is linked to the strength of the case. This brings into play the plaintiff’s specific diagnosis, their health condition, and the degree of perceived liability on the part of one or more defendants.
According to a recent Mealey’s Litigation Report, the average mesothelioma trial award is estimated at $2.4 million. The average mesothelioma settlement is between $1 million and $1.4 million and typically paid by multiple defendants. However, every case is unique.
An experienced mesothelioma attorney can build your case and negotiate settlements on your behalf. They can also help you understand the statute of limitations for the state where you file a claim.
Do You Settle or Seek a Verdict?
While a jury verdict may result in a larger award, there is no guarantee the jury will side with you. Juries can be surprising, and many attorneys can attest there are no sure bets in a trial. While the amount awarded in an asbestos lawsuit settlement may be smaller than what might be expected in a trial verdict, at least compensation is guaranteed.
The decision to settle or go after a verdict is best made with the advice of an experienced mesothelioma attorney. These lawyers understand the nature of mesothelioma and other asbestos-related diseases.
Ultimately, it will be up to you to accept or decline a settlement offer. There is no magic formula to decide whether to reject an offer and take the case to trial. The issue becomes whether you are ready to end the case by accepting the offer. Only you or your family can answer that question.
Words from People We’ve Helped
“Because of you, my mother is going to be financially set once the settlements come in. Without your guidance, my father would probably have not gotten as far as he did and would have passed not knowing how my mother would be taken care of.”
Prominent Mesothelioma Settlements by State
Exact settlement figures are usually kept private, and claimants often are bound by confidentiality agreements. However, settlement amounts tend to reach the public eye from time to time.
Settlement Process & Common Scenarios
The settlement process doesn’t start out as a settlement. It starts with a mesothelioma attorney preparing to present a case to a judge and jury.
“We’re prepared to take every one of our cases to trial. A very small percentage, though, ever get to a verdict,” said Dan Kraft, an attorney at Weitz & Luxenberg. The law firm is responsible for two record-setting asbestos verdicts in New York.
There are several factors and scenarios that can lead to a settlement of a mesothelioma or asbestos lawsuit.
Reasons a defendant may choose to settle:
Factors Affecting Settlement Amounts
Anyone considering filing an asbestos-related lawsuit should understand what factors affect any settlement amount. Certain factors are more relevant than others as the defendant decides whether a settlement is warranted.
Medical Expenses and Lost Wages
Most mesothelioma patients dealing with the hardships of cancer also undergo financial difficulties as the costs of medical expenses mount. Furthermore, because patients need to focus on treatments, they may be unable to work, causing a loss of wages and other income.
Company Negligence
In cases where the manufacturer knowingly allowed asbestos products to harm people, the potential financial liability may be enormous. Some historic cases have warranted awards in the tens of millions of dollars. Settling with plaintiffs may be the best way to minimize expenses.
Number of Companies in a Lawsuit
In some cases, more than one company may be at fault. As a result, plaintiffs often file claims against multiple companies that manufactured asbestos-containing products. In the event of a settlement, multiple defendants may be required to participate in paying the mesothelioma patient.
State of Case
Proving liability, negligence and wrongdoing on the part of a defendant may or may not be easy. It depends on where the claim is filed and how exposure occurred. Different states require varying amounts of evidence and proof. Your attorney will help you understand the trends and requirements in your state.
Case Matrix
When asbestos companies establish trust funds, they use a legal document called a case valuation matrix. They refer to this matrix to determine how much compensation a claimant will receive. Each asbestos-related disease has a baseline amount of compensation. For each claim, this is adjusted according to factors such as the patient’s age, specifics of the cancer diagnosis, level of asbestos exposure and past health records.
