Asbestos is a naturally occurring mineral that has been in high demand for its heat-resistant properties for years. However, when asbestos fibers are inhaled, they can cause serious health problems, including mesothelioma. If you or a loved one has been diagnosed with mesothelioma, it’s important to understand the compensation you may be entitled to.
What Are Mesothelioma Claims?
Mesothelioma claims are legal cases filed by individuals who have been diagnosed with mesothelioma as a result of exposure to asbestos. These claims seek compensation for the physical, emotional, and financial damages caused by this deadly disease.
How Is the Amount of a Mesothelioma Claim Determined?
The amount of a mesothelioma claim varies depending on several factors, including the severity of the illness, the amount of medical bills incurred, and the degree of negligence on the part of the company responsible for the asbestos exposure. In general, mesothelioma claims can range from thousands to millions of dollars.
The Severity of the Illness
The severity of the illness is a significant factor in determining the amount of a mesothelioma claim. This includes the stage of the cancer, the overall prognosis, and the expected life span of the victim. In general, the more severe the illness, the higher the settlement amount.
Medical Bills Incurred
The amount of medical bills incurred is also taken into consideration when determining the amount of a mesothelioma claim. This includes the cost of treatment, medication, and any other medical expenses related to the illness.
Negligence on the Part of the Responsible Party
The degree of negligence on the part of the company responsible for the asbestos exposure is also taken into account. If the company knowingly exposed its employees to asbestos and failed to take the necessary safety precautions, the settlement amount may be higher.
Mesothelioma Claim Amounts
The average mesothelioma settlement ranges from $1 million to $1.4 million, and the average trial verdict is around $2.4 million. However, there have been cases where the settlement amounts have exceeded $10 million.
Mesothelioma Claim Amounts Based on Type of Claim
Type of Claim |
Average Settlement Amount |
Personal Injury |
$2.4 million |
Wrongful Death |
$4 million |
Trust Fund Claims |
$180,000 |
Factors That Affect Mesothelioma Claim Amounts
The following are some of the factors that can affect mesothelioma claim amounts:
1. Age and Health
The age and health of the person diagnosed with mesothelioma can affect the amount of the claim. Younger victims may receive higher settlements because they have more working years ahead of them and will therefore lose more income.
2. Type of Mesothelioma
There are different types of mesothelioma, and some types are more aggressive than others. Victims with aggressive mesothelioma may receive higher settlements because they have a lower life expectancy.
3. Degree of Negligence
The degree of negligence on the part of the company responsible for the asbestos exposure can also affect the amount of the claim. If the company was extremely negligent, the settlement may be higher.
4. Amount of Exposure
The amount of exposure to asbestos can also impact the settlement amount. The more exposure a person had, the higher the settlement may be.
5. Type of Exposure
The type of exposure can also affect the amount of the claim. For example, if a person was exposed to asbestos while working in a high-risk industry like construction or shipbuilding, the settlement amount may be higher.
6. Geographic Location
The geographic location can also impact the settlement amount. Some states have more lenient laws regarding mesothelioma claims, which can result in higher settlements.
FAQs About Mesothelioma Claim Amounts
1. How long does it take to receive a mesothelioma settlement?
The length of time it takes to receive a mesothelioma settlement varies, but it typically takes between 1 and 2 years.
2. How is the settlement amount paid?
The settlement amount can be paid in a lump sum or in structured payments over time.
3. Can family members file a mesothelioma claim if the victim has passed away?
Yes, family members can file a wrongful death claim on behalf of the victim.
4. What expenses are covered under a mesothelioma claim?
Medical expenses, lost income, pain and suffering, and funeral expenses are all covered under a mesothelioma claim.
5. Can I still file a mesothelioma claim even if I was exposed to asbestos years ago?
Yes, you can file a mesothelioma claim even if you were exposed to asbestos many years ago. There is typically a statute of limitations for filing a claim, but this varies by state.
6. Do I need a lawyer to file a mesothelioma claim?
It is highly recommended that you hire a lawyer to file a mesothelioma claim. An experienced mesothelioma lawyer can help you navigate the legal system and ensure that you receive the compensation you deserve.
7. How much does it cost to hire a mesothelioma lawyer?
Most mesothelioma lawyers work on a contingency fee basis, which means they only get paid if they win your case. The fee is typically a percentage of the settlement amount and is agreed upon before the case is filed.
Conclusion
Mesothelioma is a devastating disease that can have serious physical, emotional, and financial consequences. If you or a loved one has been diagnosed with mesothelioma as a result of exposure to asbestos, it’s important to understand your legal rights and the compensation you may be entitled to. By working with an experienced mesothelioma lawyer, you can increase your chances of receiving a fair settlement that covers your expenses and provides financial security for you and your family.
Don’t hesitate to take action and seek the compensation you deserve. Contact a mesothelioma lawyer today and take the first step towards a brighter future.
Disclaimer
The information provided in this article is not intended to offer legal or medical advice. It is for informational purposes only. If you or a loved one has been diagnosed with mesothelioma, it is important to seek advice from a qualified medical professional and an experienced mesothelioma lawyer.
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