How Much Can You Get in a Mesothelioma Lawsuit Settlement?
Mesothelioma is a deadly type of cancer mostly caused by asbestos exposure. For those diagnosed with this cancer, filing a lawsuit may help to recover compensation for medical expenses, lost earnings, treatments, and other losses. And the most frequent question asked by those who have suffered from this condition is: how much can you get in a mesothelioma lawsuit settlement?
Unfortunately, there is no universal figure, as it varies in each particular case depending on many circumstances like the degree of the condition, degree of asbestos exposure, companies which were at fault, expenses for treatment, lost wages, available evidence, deadlines and other factors.
The mesothelioma lawsuit may result in reaching a settlement, meaning that the two parties may come to a certain agreement and reach compensation without having to go to court. But accepting an offer of the defendant is a serious legal decision, and the victim needs to be aware of what his/her claims can be valued for.
Factors Affecting Mesothelioma Settlement
There are several factors which can affect the amount of settlement offered for a mesothelioma claim. The first one is medical damages which can include surgery, chemotherapy, radiotherapy, drugs, hospitalization and many other types of treatment.
The second one is lost income if the mesothelioma makes a person unable to work and earn money. Therefore, if it affects the earning abilities of the victim, then it is also an important factor in the lawsuit.
Pain and suffering can also make an issue in your lawsuit. It includes not only physical pain but emotional as well. The effect which mesothelioma made on the life of the victim is a part of non-economic damages.
The evidence of the fact that the exposure took place due to specific companies is another crucial point. Employment records, information about products used in the job and other documents may be helpful.
In order to evaluate the value of the claim, the lawyer usually considers the medical records, employment history, the proof of asbestos exposure, the losses incurred and many other aspects
Factors That Can Influence Your Settlement Amount in a Mesothelioma Lawsuit
While a mesothelioma diagnosis is certainly a key issue in such cases, it does not mean that its value is predetermined solely on this factor. Indeed, two people with the same cancer may find themselves in completely different situations and therefore face quite distinct opportunities to recover money.
Medical Bills and Future Treatment
The expenses related to medical treatment of the illness will certainly be among the main concerns in any mesothelioma lawsuits. It may involve different kinds of expenses including consultations of the specialists, diagnostics, hospital stays, surgeries, chemotherapy, radiotherapy, prescription drugs, and continuous monitoring of the condition.
In this regard, your claim may include the already paid medical bills and even some potential future expenses. Such evidence as the bills, treatment records, information from the insurance, and other documents can help you prove such damages.
Lost Income and Loss of Earning Capacity
One of the effects of mesothelioma is inability to keep working due to the disease. In such situation, your claim may include the amount of the income that you lost because of it. Depending on the particular case and laws, your lost income and potential future earnings may be included into your compensation claim.
This point becomes especially relevant when you were working when the disease was found.
Pain and Suffering
Apart from the economic losses, you may face difficulties related to your physical state and psychological wellbeing due to mesothelioma.
Therefore, apart from the economic harm, your claim may cover your physical pain and suffering, loss of ability to enjoy life, and other intangible losses provided for under the particular laws.
Quality of Evidence
The evidence in favor of your claim may play a very important role in the negotiation process. The case, which is based on the employment records, information on the products, witnesses, and other credible evidence, will be easier to prove than the claim without such evidence.
The number of potentially liable companies and their liabilities will also influence the recovery possibilities.
That is why there is no way to predetermine the amount of your possible compensation based on the only diagnosis of mesothelioma
Mesothelioma Settlement versus Verdict in a Trial
In the course of the mesothelioma claim proceedings, a victim might choose either to settle out of court or go on to the trial stage. The following information is designed to help people better understand these two possible outcomes.
Features of Settlement Agreement
The settlement is a mutual decision of all sides to stop pursuing a case and reach an amicable agreement to solve their disputes. Normally, the parties negotiate the amount and conditions of compensation. Once an agreement is reached and signed, the lawsuit can be settled according to its terms.
Settlement agreements may be beneficial for the parties in several ways. For example, it might settle a dispute quicker compared to going through the whole process of litigation, reduce uncertainty, and guarantee some kind of compensation instead of leaving the final amount to the jury.
At the same time, a settlement means giving up a chance to gain extra compensation in the process of this particular case, depending on the terms of an agreement. Therefore, it is important to know and understand the terms of the deal.
Verdict of a Court Case
In case no deal is reached between the parties, they might continue litigating and go to trial. Both parties will provide evidence and witness statements, and eventually a judge or jury will decide what will happen in the future.
A court case may end up with receiving compensation, but there is also a possibility to get a smaller amount than expected or not to prevail in the case at all. Moreover, trials require more time and expenses.
Why Do Settlement Offers Differ
In the process of negotiating, various factors might be taken into consideration, including the strength of evidence, liabilities of a defendant, medical documentation, the total amount of damage and risks, etc.
Defendant might want to reach an agreement in order to avoid further litigation. Claimant will estimate how much compensation he or she can receive from a particular case.
Nevertheless, it is important not to assess a settlement proposal in comparison with the data from previous cases, since each case is unique and different due to different risk and other circumstances.
People thinking about settling out of court have to consult qualified lawyer to learn all pros and cons and possible legal implications of this step
Other Potential Sources of Compensation for Mesothelioma
Of course, filing a case against an asbestos company is not necessarily the only possible source of compensation. Depending on the particularities of each situation, different approaches might have to be investigated.
Asbestos Trust Fund Claims
In the course of time, some asbestos-related companies created bankruptcy trusts to pay the people who suffered from asbestos-related illnesses.
Claiming compensation from a trust fund is not like claiming compensation through a lawsuit. There are different requirements for each of the trusts as regards the eligibility, procedure, documentation needed, etc.
Sometimes a person might find that he or she is eligible to make claims against several trusts, according to his/her history of exposures to asbestos. However, each trust might provide different amounts and conditions of the possible payment.
Workers' Compensation
There is also a possibility of seeking compensation via workers' compensation, depending on the circumstances and the history of exposure to asbestos.
As a rule, there are different requirements and procedures regarding workers' compensation, which are determined by state law. Sometimes workers' compensation claims might have something in common with civil claims, but at times they could be totally different.
Wrongful Death Claims
In case a person dies because of mesothelioma, there is a possibility that some of the surviving family members can file a wrongful death claim, provided that state law allows it.
There is a variety of different requirements for making a wrongful death claim. Also, the person who is entitled to make this claim depends on each state.
Government Benefits and Other Types of Assistance
Some people with asbestos-related illnesses can receive some benefits from the government according to their work experience and other particularities.
In order to investigate all possible opportunities of receiving money for your illness caused by asbestos, you need to explore your whole work experience and employment history. There might be several possible ways of receiving compensation.
Also, it is important to note that there are certain statutes of limitation and deadlines in regard to various claims. You can miss the opportunity to seek compensation, if you do not take the required steps timely.
Therefore, you need to speak to the attorney as soon as possible
Evaluating Mesothelioma Settlement Offers
A settlement offer in relation to a mesothelioma diagnosis could be the moment to carefully consider your financial needs and options going forward. Before agreeing to a settlement offer, it could be valuable to understand exactly what it means and whether it adequately compensates for potential losses that could be recoverable through a lawsuit.
Take the Financial Costs Into Account
Settlement offers could cover medical expenses, loss of income and other types of damages. Whether non-economic damages could be part of the offer will depend on the law in the applicable jurisdiction.
Particular attention could be paid to future expenses, because treatment and care for mesothelioma can go on even after reaching an agreement. A person would want to consider whether a proposed settlement takes into account reasonably foreseeable losses.
Look at Legal Provisions of the Agreement
Settlements for a mesothelioma case often have many legal details included in them. Typically, acceptance of such a settlement would involve releasing certain claims from one or more defendants.
It is important to understand the wording of the agreement in detail, so that a claimant knows exactly which claims are being settled and what other provisions are included.
Contact an Experienced Lawyer
A mesothelioma case is likely to require knowledge about asbestos exposure, corporate liability, medical evidence, defendants and other aspects of litigation.
A skilled attorney who specializes in asbestos litigation would be able to determine history of exposure to asbestos fibers, find out which companies were involved, assess medical documentation, negotiate settlements and explain the pros and cons of settling out of court versus proceeding with a trial.
Conclusion
There is no guaranteed mesothelioma settlement amount. Each claim is unique and its value depends on the specifics of the case, evidence and available remedies.
People with mesothelioma or their families may have several options for seeking compensation, including filing a lawsuit, making an asbestos trust claim, among others. Deadlines could be applicable, so a prompt investigation of legal options would be important.
If a mesothelioma diagnosis is received, a qualified lawyer who deals with asbestos litigation could help. He or she would investigate the circumstances of exposure and advise about available legal claims and compensation.
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.
