Mesothelioma is a serious cancer closely linked to the exposure to asbestos. If a person is diagnosed with mesothelioma following exposure to asbestos via work, products, or some other means, he or she might be able to seek legal remedies and obtain compensation for financial losses suffered due to the illness.
The most commonly asked question concerning asbestos lawsuits is the following one: What amount of compensation can a mesothelioma victim receive? This amount depends on many factors including a person's diagnosis and medical care, work history, asbestos exposure, economic losses, number of liable companies, state laws, and others.
Mesothelioma claims often lead to significant damages since a person suffering from mesothelioma needs complex medical care and can be unable to continue his or her professional activity. Personal injury law usually deals with establishing two elements: liability and damages. If liability is proven, a person who was injured will be compensated for any losses like medical expenses, lost wages, future earnings, pain and suffering, and other consequences of the accident.
A person can get compensation from several different sources. Depending on the situation, he or she can file a lawsuit against allegedly responsible companies, settle his or her claim, make claims to asbestos bankruptcy trusts, and use other opportunities to receive compensation.
One should also know the difference between a settlement and a verdict. Settlement is a deal made by the parties resolving the claim without filing a lawsuit. Verdict is an award issued by a judge or jury following the trial. The majority of personal injury lawsuits are settled out of court, although there are various details depending on the case.
Due to the complexity of evidence in asbestos cases and the number of potential defendants, consulting a lawyer experienced in asbestos litigation can be very helpful
What Factors Influence Mesothelioma Compensation?
There are several criteria which are used when determining compensation for patients suffering from mesothelioma. Even two people who are diagnosed with the same type of cancer will still receive different verdicts as their history of exposure, loss, defendants and state laws are different.
Medical Costs
This is one of the main aspects of any mesothelioma lawsuit. Depending on the health condition of a person, such costs may include expenses on diagnostics, hospitalization, surgeries, chemotherapy, radiation therapy, medications and even visits of specialists.
In some cases, reasonably expected future medical costs may also be considered if there is proper evidence supporting it.
Loss of Income and Loss of Earning Capacity
In many cases, a disease may prevent a person from working. In this case, past lost income and certain future economic losses may be part of the compensations in case when the patient has lost his/her capacity to generate income due to mesothelioma.
Pain and Suffering
It includes various damages such as physical pain and suffering, mental distress and other effects. The monetary value of such damages differs significantly in various jurisdictions and particular cases.
Proof of Asbestos Exposure
Evidence of connection between patient's mesothelioma and asbestos exposure is another main criteria in this case. Lawyers need to find out where, how and when the person has been exposed to asbestos in order to receive proper compensation.
Asbestos cases are especially difficult as exposure could happen decades ago before the disease appeared. In accordance with American Bar Association, asbestos cases relate to diseases that are latent and have long latency periods.
The number and financial condition of potentially liable companies are also an important aspect here as there are many bankruptcies in asbestos related cases
Settlement Versus Trial Verdict: What Are Your Possible Rewards?
In cases of mesothelioma, you can get your claim decided either through settlement or trial. In both cases, you cannot expect any guarantee regarding the sum you may be getting.
Mesothelioma Settlement
It is when parties reach agreement on the sum needed to satisfy a claim. People usually tend to prefer settlements to trials since they can help to get rid of uncertainties related to trials.
For asbestos-related lawsuits, the size of the settlement may depend on the possible risks for the defendants if the lawsuit will be conducted in court. Thus, according to American Bar Association, the issue of the possibility of receiving punitive damages may influence asbestos settlements since the defendants do not like facing the risks associated with trial awards.
However, it does not mean that the settlement value should be evaluated only based on the money. It can be affected by evidence, number of defendants, applicable laws, damages, insurance and others.
Trial Verdict
If the case goes to trial, a jury or a judge will have to determine whether the defendant is guilty or not and, if he/she is, the sum which will be awarded to the plaintiff.
Trial verdicts usually turn out to be quite big compared to settlements but at the same time, there is a great danger of receiving less money or losing the trial.
An analysis of verdicts in asbestos cases shows how different results can be. The American Bar Association reviewed mesothelioma verdicts of 2019 in jurisdictions with punitive damages and found that the awards in the sample were varied – compensatory awards started from $3 million up to $15 million, whereas punitive – from $1 million up to $105 million. The numbers presented here do not serve as a prediction for the future verdicts.
This is why it is wrong to say that the settlement will be the same for all mesothelioma victims. The real value of the case should be calculated individually
Can Family Members File For a Claim After Death?
Mesothelioma not only affects the patient but also the entire family. If the patient dies because of mesothelioma, there will be some surviving family members who may be able to file a wrongful death claim or continue the existing claim based on state laws.
A wrongful death claim is a possibility where the family of the deceased may be able to receive some sort of compensation because of the losses they sustained as a result of the death. Damages available will vary depending on the state.
Some potential damages could be funeral and burial costs, the cost of medical treatment up to the time of death, loss of income, loss of companionship, and more.
It will also be important to note that timing is crucial in filing a case. Every state has deadlines or what is termed as statutes of limitations when it comes to certain types of legal claims. This is especially true when filing an asbestos mesothelioma case due to the nature of asbestos-related diseases where symptoms may take years to manifest.
Why Evidence Matters
Having strong documentation can prove crucial in evaluating the potential worth of the claim. These could include the diagnosis record from a medical professional, employment records, military service records, details regarding old job places, asbestos product information, witness accounts, and more.
There is the need to investigate historical corporate information and insurance coverage. Since the mesothelioma claims are linked with asbestos diseases which may take decades before any symptoms become noticeable, the identification of responsible firms and insurance can be difficult. It is said that the American Bar Association has identified many challenges associated with the insurance aspect of asbestos claims.
People should be careful of advertisements guaranteeing the client with compensation and even giving a settlement quote without evaluating the case first. There is no standard formula used to calculate the amount of compensation in mesothelioma cases.
The best way of estimating the compensation is by evaluating the facts of each case
How Can You Determine What Your Mesothelioma Case May Be Worth?
When determining how much your mesothelioma lawsuit might be worth, you cannot look at another person's settlement amount or verdict.
The first thing that needs to be done is to determine the extent of asbestos exposure. In some cases, it involves taking a look at all work-related employment and construction history of the victim.
Then, lawyers need to research who could potentially be liable in such a lawsuit. Sometimes, it is just one company, while in others, several manufacturers, suppliers, employers, etc. can be potentially involved.
Medical records will help establish mesothelioma diagnosis, describe treatment, its prognosis, all expenses and effects on the life of the individual.
Financial records like pay statements and other documents related to work history will help assess all economic losses from the disease.
Finally, all applicable laws, deadlines, liability rules, possible damages, insurance policy and asbestos trust funds are evaluated by lawyers.
Are Large Compensation Amounts Guaranteed?
No, there is no guarantee that mesothelioma lawsuit will result in large amount of money in all situations. It is true that in many cases there are large amounts recovered in a settlement or verdict. However, there is no guarantee of any minimum or maximum compensation.
In addition, trial awards can be reduced, reversed or even influenced by the process of appeals. The same applies to settlements that depend on negotiations and circumstances of each particular claim.
The analysis of asbestos litigation cases by American Bar Association shows that damages awarded in mesothelioma cases differ greatly and that not all jurisdictions award punitive damages.
Final Thoughts
Mesothelioma diagnosis causes many financial, medical and emotional issues. However, it is possible to recover some damages via asbestos lawsuit or other types of claims.
If you or your loved one has been diagnosed with mesothelioma, you should consult a professional lawyer who specializes in asbestos litigation. A lawyer will be able to examine exposure history and determine potentially liable parties and applicable deadlines and possible types of compensation.
**This article is for general informational purposes only and does not constitute legal advice. There are different state laws governing mesothelioma and asbestos claims and individual results depend on particular cases
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
