The Shocking Truth about Mesothelioma Settlements and Compensation
Are you or a loved one suffering from mesothelioma? Has your life been turned upside down by this life-threatening disease? If so, you’re not alone. Mesothelioma is a rare and aggressive cancer that can be caused by exposure to asbestos.
If you’re struggling to make ends meet due to medical expenses and loss of income, you may be entitled to compensation for your suffering. In fact, mesothelioma settlements can be worth millions of dollars.
However, navigating the legal system and determining the value of your case can be overwhelming. This article will provide you with all the information you need to understand average mesothelioma settlement 2016 and how to get the compensation you deserve.
What is Mesothelioma?
Mesothelioma is a rare and aggressive cancer that affects the lining of the lungs, abdomen, heart, or testicles. It is caused by exposure to asbestos, a naturally occurring mineral that was widely used in construction, manufacturing, and other industries until the 1980s.
Mesothelioma can take decades to develop, and symptoms may not appear until the cancer is in its advanced stages. Common symptoms include shortness of breath, chest pain, coughing, fatigue, and weight loss.
What is a Mesothelioma Settlement?
A mesothelioma settlement is an agreement between the plaintiff (the person who is suffering from mesothelioma) and the defendant (the company or entity responsible for the exposure to asbestos) to compensate the plaintiff for their suffering.
Mesothelioma settlements can be reached through negotiation, mediation, or arbitration, and typically involve the payment of a lump sum of money to the plaintiff in exchange for dropping the lawsuit.
What is the Average Mesothelioma Settlement in 2016?
The average mesothelioma settlement varies depending on the specific details of each case, such as the severity of the illness, the age of the plaintiff, and the defendant’s level of liability.
According to the most recent data available, the average mesothelioma settlement in 2016 was $2.4 million. However, some settlements have been as high as $10 million or more.
Average Mesothelioma Settlement by Type of Case
| Type of Case | Average Settlement |
|---|---|
| Pleural Mesothelioma | $1 million – $2.4 million |
| Peritoneal Mesothelioma | $1 million – $2.4 million |
| Pericardial Mesothelioma | $1 million – $2.4 million |
| Testicular Mesothelioma | $1 million – $2.4 million |
Factors that Affect Mesothelioma Settlements
There are many factors that can affect the value of a mesothelioma settlement, including:
Severity of the Illness
The severity of the illness is one of the most important factors in determining the value of a mesothelioma settlement. Plaintiffs with more severe cases of mesothelioma are likely to receive higher settlements, as they typically require more extensive medical treatment and experience a greater degree of pain and suffering.
Age of the Plaintiff
The age of the plaintiff can also affect the value of a mesothelioma settlement. Younger plaintiffs may be entitled to higher settlements, as they have a longer life expectancy and stand to lose more from the impact of the disease on their future earnings potential.
Level of Liability
The level of liability of the defendant can also have a significant impact on the value of a mesothelioma settlement. If the defendant was fully responsible for the plaintiff’s exposure to asbestos, they may be required to pay a higher settlement to compensate for the full extent of the plaintiff’s suffering.
Location of Lawsuit
The location of the lawsuit can also affect the value of a mesothelioma settlement. Some states have more favorable laws for plaintiffs, while others have more favorable laws for defendants. Plaintiffs who file their lawsuits in states with more favorable laws may be entitled to higher settlements.
Frequently Asked Questions
1. How long does it take to receive a mesothelioma settlement?
The length of time it takes to receive a mesothelioma settlement can vary, but it typically takes several months to a year or more to reach a settlement agreement and receive payment.
2. Will I have to go to court to get a mesothelioma settlement?
Not necessarily. Many mesothelioma settlements are reached through negotiation, mediation, or arbitration outside of court. However, if a settlement cannot be reached, your case may go to trial.
3. Can I still receive compensation if the company that exposed me to asbestos is no longer in business?
Yes. Even if the company responsible for your exposure to asbestos is no longer in business, there are still options for seeking compensation. You may be able to file a claim with an asbestos trust fund or pursue legal action against other parties that may be liable.
4. How much will it cost to hire a mesothelioma lawyer?
Most mesothelioma lawyers work on a contingency fee basis, which means that they only get paid if you receive a settlement or verdict in your favor. The standard contingency fee is around 33% of the total settlement amount.
5. What types of compensation can I receive for mesothelioma?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to your mesothelioma diagnosis.
6. Can family members of mesothelioma victims receive compensation?
Yes. Family members of mesothelioma victims may be entitled to compensation for their own physical and emotional suffering, as well as for the loss of financial support and companionship caused by the victim’s illness and death.
7. What is the statute of limitations for filing a mesothelioma lawsuit?
The statute of limitations for filing a mesothelioma lawsuit varies by state, but is typically between one and six years from the date of diagnosis or discovery of the illness.
8. What should I do if I suspect I have been exposed to asbestos?
If you believe that you may have been exposed to asbestos, it’s important to speak with a doctor and get a mesothelioma screening. Early detection is key to improving your chances of successful treatment.
9. What are the treatment options for mesothelioma?
Treatment options for mesothelioma include surgery, chemotherapy, radiation therapy, and clinical trials. Your doctor will work with you to determine the best course of treatment based on the specific details of your case.
10. What is an asbestos trust fund?
An asbestos trust fund is a pool of money set aside by companies that were previously involved in manufacturing or using asbestos. The funds are intended to compensate victims of asbestos-related diseases.
11. How do I file a claim with an asbestos trust fund?
To file a claim with an asbestos trust fund, you will need to provide documentation of your exposure to asbestos and your diagnosis of an asbestos-related disease. Your attorney can help you navigate the process and ensure that you receive the compensation you deserve.
12. Can I receive workers’ compensation for mesothelioma?
Yes. If you were exposed to asbestos at work, you may be entitled to workers’ compensation benefits in addition to a mesothelioma settlement. Your attorney can help you pursue both types of compensation.
13. What can I do to protect myself from asbestos exposure?
To protect yourself from asbestos exposure, it’s important to be aware of the risks and take appropriate precautions. If you work in an industry that may expose you to asbestos, make sure to wear protective gear and follow safety protocols. Additionally, if you live in a home that was built before 1980, it’s important to have it inspected for asbestos before doing any renovation or repair work.
Conclusion
< p>If you or a loved one is suffering from mesothelioma, it’s important to seek help as soon as possible. The legal system can be overwhelming, but with the right guidance and support, you can secure the compensation you deserve to help you get back on your feet.
Remember, the average mesothelioma settlement in 2016 was $2.4 million, but each case is unique. To get a more accurate estimate of the value of your case, it’s important to speak with an experienced mesothelioma attorney.
Don’t wait – take action today to protect your future and your family’s well-being.
Closing and Disclaimer
This article is for informational purposes only and does not constitute legal advice. The information contained in this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any other agency, organization, employer, or company.
