The Typical Mesothelioma Settlement: What You Need to Know

Welcome to our comprehensive guide to typical mesothelioma settlements. Mesothelioma is a rare, aggressive cancer caused by asbestos exposure. If you or a loved one has been diagnosed with mesothelioma due to occupational exposure, you may be entitled to compensation. In this article, we will provide a detailed overview of typical mesothelioma settlements, explain how they are calculated, and provide answers to frequently asked questions.

Understanding Mesothelioma Settlements

Mesothelioma settlements are financial compensation awarded to victims of asbestos exposure. The compensation can help cover medical expenses, lost wages, and pain and suffering. Settlements may be awarded in court after a trial or through negotiations between the plaintiff and defendant’s legal teams. The amount awarded can vary widely depending on several factors, including the severity of the illness and the strength of the case.

Factors Considered in Mesothelioma Settlements

There are several factors that are considered when determining the amount of a mesothelioma settlement, including:

Factor	Explanation
Stage of Mesothelioma	The stage of the cancer at the time of diagnosis is a significant factor in determining the amount of compensation.
Age of the Victim	Compensation may be higher for victims who are younger and have more lost earning potential.
Degree of Negligence	If the defendant’s actions were particularly egregious, the settlement may be higher.
Type of Asbestos Exposure	The method of asbestos exposure, such as occupational or environmental, can impact the amount of compensation.
Defendant’s Assets	The defendant’s financial resources may also impact the settlement amount.

The Average Mesothelioma Settlement Amount

The average mesothelioma settlement amount can vary widely from case to case. According to a 2020 report by Mealey’s Litigation Report, the average mesothelioma settlement amount is between $1 million and $1.4 million. However, some settlements have been known to exceed $10 million.

Frequently Asked Questions

Q: How long does it take to receive a mesothelioma settlement?

A: The timeline for receiving a mesothelioma settlement varies from case to case. Some cases can be resolved in a matter of months, while others may take years. The length of time will depend on how complex the case is and whether it goes to trial.

Q: Can I file a mesothelioma lawsuit even if I don’t know where I was exposed to asbestos?

A: Yes, you can still file a mesothelioma lawsuit even if you are unsure where you were exposed to asbestos. An experienced mesothelioma lawyer can help you identify the source of the asbestos exposure.

Q: What is the difference between a settlement and a verdict?

A: A settlement is an agreement reached between the plaintiff and defendant outside of court. A verdict, on the other hand, is the decision reached by a judge or jury after a trial.

Q: Do I have to go to court to receive a mesothelioma settlement?

A: Not necessarily. Many mesothelioma cases are settled out of court through negotiations between the plaintiff and defendant’s legal teams.

Q: How much does it cost to hire a mesothelioma lawyer?

A: Most mesothelioma lawyers work on a contingency fee basis, which means they only get paid if you receive compensation. Typically, the fee is a percentage of the settlement or verdict amount.

Q: Can I still file a mesothelioma lawsuit if the company responsible for my exposure is no longer in business?

A: Yes, you can still file a mesothelioma lawsuit even if the company responsible for your exposure is no longer in business. An experienced mesothelioma lawyer can help you identify other potentially liable parties.

Q: How do I know if I have a valid mesothelioma case?

A: If you have been diagnosed with mesothelioma due to asbestos exposure, you may have a valid case. An experienced mesothelioma lawyer can help you determine whether you have a strong case.

Q: How much of a settlement do mesothelioma lawyers typically take?

A: Most mesothelioma lawyers work on a contingency fee basis, which means they typically take a percentage of the settlement or verdict amount, usually between 25% and 40%.

Q: Can family members file a mesothelioma lawsuit on behalf of a deceased loved one?

A: Yes, family members can file a mesothelioma lawsuit on behalf of a deceased loved one. This is known as a wrongful death lawsuit.

Q: How do I find a mesothelioma lawyer?

A: There are several ways to find a mesothelioma lawyer, including online searches, referrals from other attorneys, and recommendations from mesothelioma support groups. It is important to choose a lawyer with experience in mesothelioma cases.

Q: Can I receive compensation if I was exposed to asbestos outside of work?

A: Yes, you may still be entitled to compensation if you were exposed to asbestos outside of work. An experienced mesothelioma lawyer can help you determine whether you have a valid case.

Q: What should I do if I have been diagnosed with mesothelioma?

A: If you have been diagnosed with mesothelioma, it is important to seek medical treatment right away. You should also contact an experienced mesothelioma lawyer to determine whether you have a valid case.

Q: How is a mesothelioma settlement taxed?

A: Mesothelioma settlements are typically not taxed at the federal level if they are paid as compensation for personal injury or illness. However, it is important to consult with a tax professional to determine how the settlement may be taxed at the state level.

Q: What is the statute of limitations for filing a mesothelioma lawsuit?

A: The statute of limitations for filing a mesothelioma lawsuit varies from state to state. In most cases, the statute of limitations is two to three years from the date of diagnosis or discovery of the illness. It is important to consult with an experienced mesothelioma lawyer to determine the specific statute of limitations for your case.

Conclusion

Mesothelioma settlements can help provide financial compensation to victims of asbestos exposure. The amount of a settlement can vary widely depending on several factors, including the severity of the illness and the strength of the case. If you or a loved one has been diagnosed with mesothelioma, it is important to seek medical treatment and legal assistance as soon as possible.

Our team of experienced mesothelioma lawyers can help you navigate the legal process and fight for the compensation you deserve. Contact us today for a free case evaluation.

Disclaimer

This article is for informational purposes only and should not be considered legal advice. The information contained in this article is not intended to create an attorney-client relationship, and reading this article does not constitute such a relationship. If you need legal advice, you should consult with an experienced mesothelioma lawyer.