Introduction
Greetings and welcome to our article on the average mesothelioma claim settlement. Mesothelioma is a rare and aggressive form of cancer that affects thousands of people each year. It is caused by exposure to asbestos, a mineral that was commonly used in building materials and other products until its dangers were discovered.
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. Mesothelioma claim settlements can provide financial assistance to cover medical expenses, lost wages, and other damages. However, determining the average settlement amount can be challenging. In this article, we will provide you with all the information you need to know about average mesothelioma claim settlements.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the mesothelium, a thin layer of tissue that covers many organs in the body. The most common type of mesothelioma is pleural mesothelioma, which affects the lining of the lungs. Other types include peritoneal mesothelioma (affecting the lining of the abdomen) and pericardial mesothelioma (affecting the lining of the heart).
Mesothelioma is caused by exposure to asbestos, a mineral that was widely used in construction and other industries until it was banned in many countries in the 1970s and 1980s. When asbestos fibers are inhaled or ingested, they can become lodged in the mesothelium, causing inflammation and eventually leading to cancer.
What is a Mesothelioma Claim Settlement?
A mesothelioma claim settlement is a legal agreement reached between a mesothelioma patient (or their family) and the company or companies responsible for their asbestos exposure. These settlements provide compensation to cover medical expenses, lost wages, and other damages associated with mesothelioma.
There are two primary types of mesothelioma claim settlements:
- Out-of-court settlements: These are agreements reached between the parties involved without going to trial. Out-of-court settlements are often faster and less expensive, but they may result in lower payouts for the plaintiff.
- Court settlements: These are settlements issued by a judge after a trial or hearing. Court settlements may result in higher payouts, but they can be more time-consuming and costly.
Factors That Can Affect Mesothelioma Settlements
There are several factors that can affect the amount of a mesothelioma claim settlement:
- The severity of the patient’s mesothelioma and their prognosis.
- The extent of the patient’s asbestos exposure and the duration of exposure.
- The number and types of companies responsible for the patient’s asbestos exposure.
- The strength of the evidence linking the patient’s mesothelioma to asbestos exposure.
- The jurisdiction in which the lawsuit is filed.
The Average Mesothelioma Claim Settlement
According to recent studies, the average mesothelioma claim settlement is between $1 million and $1.4 million. However, it is important to note that every case is unique, and settlement amounts can vary widely depending on the specific circumstances of each case.
In general, mesothelioma claims that go to trial tend to have higher payouts than those that are settled out of court. This is because juries may award punitive damages in addition to compensatory damages, which can significantly increase the overall settlement amount.
Table: Average Mesothelioma Claim Settlements
| Year | Average Settlement Amount |
|---|---|
| 2020 | $1.2 million |
| 2019 | $1.1 million |
| 2018 | $1.3 million |
FAQs
Q: What is the statute of limitations for mesothelioma claims?
A: The statute of limitations for mesothelioma claims varies by state, but it is typically between one and three years from the time of diagnosis or discovery of the asbestos exposure.
Q: Can family members file a mesothelioma claim if the patient has passed away?
A: Yes, family members may be able to file a wrongful death claim on behalf of the deceased patient.
Q: How long do mesothelioma claim settlements take?
A: Mesothelioma claim settlements can take anywhere from a few months to several years to reach a resolution.
Q: Is it necessary to file a lawsuit to receive a mesothelioma settlement?
A: No, many mesothelioma claims are settled out of court through negotiations between the parties involved.
Q: What types of compensation can be included in a mesothelioma settlement?
A: Mesothelioma settlements can include compensation for medical expenses, lost wages, pain and suffering, and other damages associated with the disease.
Q: Can I still file a mesothelioma claim if the company responsible for my asbestos exposure is no longer in business?
A: Yes, it may still be possible to file a claim against the company’s insurance or a trust established specifically to compensate asbestos victims.
Q: Is it necessary to have an attorney to file a mesothelioma claim?
A: While it is not strictly necessary, it is highly recommended to seek the services of an experienced mesothelioma attorney to ensure that your claim is handled properly and that you receive maximum compensation.
Q: How much does it cost to hire a mesothelioma attorney?
A: Mesothelioma attorneys typically work on a contingency fee basis, meaning they only get paid if you receive a settlement or judgment. The typical contingency fee is around 30% of the total settlement amount.
Q: Can I receive compensation for mesothelioma if I was exposed to asbestos outside of work?
A: Yes, it is possible to receive compensation for mesothelioma caused by non-occupational exposure to asbestos, such as exposure from a family member’s work clothes.
Q: How can I find out if I was exposed to asbestos?
A: If you or a loved one has been diagnosed with mesothelioma, it is important to speak with your doctor about your exposure history. You may also be able to obtain information about potential asbestos exposure from former employers or through public records.
Q: Can I file a mesothelioma claim if I was exposed to asbestos overseas?
A: Yes, it is possible to file a mesothelioma claim if you were exposed to asbestos overseas, as long as the company or companies responsible for the exposure are subject to the jurisdiction of the court where the claim is filed.
Q: Can I file a mesothelioma claim if I smoked cigarettes?
A: Yes, it is possible to file a mesothelioma claim even if you smoked cigarettes, as long as your mesothelioma was caused by asbestos exposure.
Q: Will filing a mesothelioma claim affect my Social Security benefits?
A: Filing a mesothelioma claim should not affect your Social Security benefits, as these benefits are not means-tested and are not affected by personal injury settlements or judgments.
Q: How can I ensure that my mesothelioma claim is successful?
A: To ensure the best chance of success for your mesothelioma claim, it is important to seek the services of an experienced mesothelioma attorney and to provide thorough documentation of your asbestos exposure and medical treatment.
Conclusion
In conclusion, mesothelioma claim settlements can provide much-needed financial assistance to those affected by this devastating disease. While the average settlement amount is between $1 million and $1.4 million, each case is unique, and settlement amounts can vary widely depending on the specific circumstances of each case.
If you or a loved one has been diagnosed with mesothelioma, it is important to seek the services of an experienced mesothelioma attorney to ensure that your claim is handled properly and that you receive maximum compensation.
Take Action Now
If you or a loved one have been diagnosed with mesothelioma, don’t wait. Contact a qualified mesothelioma attorney today to learn more about your legal options and to take the first step toward getting the compensation you deserve.
Closing or Disclaimer
This article is for informational purposes only and should not be construed as legal advice. The information contained in this article is not intended to create an attorney-client relationship, and readers should not act upon it without seeking professional counsel.
