Mesothelioma is a devastating disease caused by exposure to asbestos, a fibrous mineral widely used in construction and other industries for many years.
- What is Asbestos Litigation?
- Mesothelioma Settlements vs. Jury Verdicts
- Mesothelioma Wrongful Death Settlement
- Mesothelioma Settlement Process
- Average Mesothelioma Settlement Case Value
- How Much Compensation Can You Receive for a Mesothelioma Claim?
- Are Mesothelioma Settlements and Verdicts Taxable?
- Tax Obligation by Mesothelioma Claim Type
- Mesothelioma Settlement Timeline
- Who is Eligible to Receive a Mesothelioma Settlement?
- What Affects Mesothelioma Settlement Amounts
- Why Might a Plaintiff Prefer Mesothelioma Settlements vs. Jury’s Verdicts?
- Seeking Compensation Amounts and Proving Asbestos Fiber Exposure
- How to Arrive on a Mesothelioma Lawsuit Settlement Amount
- Other Ways to Receive Mesothelioma Compensation
- Mesothelioma Veterans Affairs Benefits
- Asbestos Claims Process for Asbestosis and Mesothelioma Cases
- Mesothelioma Victims Are Owed Compensation
- Hiring an Attorney with Experience Resolving Mesothelioma Cases
Mesothelioma lawsuit settlements can provide financial compensation to victims and their families, helping to ease the burden of medical bills, lost income, and other expenses.
Did you lose a loved one through wrongful death who died from complications after asbestos exposure? Have you or a loved one developed mesothelioma due to the negligence of asbestos companies? Our personal injury attorneys at Rosenfeld Injury Lawyers LLC can assist you with filing a lawsuit to hold the responsible parties financially accountable.
Call our mesothelioma lawyers at (888) 424-5757 (toll-free) or use the contact form today to schedule a free consultation. We have years of experience in negotiating favorable asbestos settlements for our clients.
All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
What is Asbestos Litigation?
It is the legal process of seeking compensation for injuries or illnesses caused by exposure to asbestos, causing serious health problems, including mesothelioma, lung cancer, and other respiratory diseases.
Asbestos litigation typically involves filing a lawsuit against companies that manufactured or used asbestos-containing products, alleging that they failed to warn workers and consumers about the dangers of asbestos.
These lawsuits can result in monetary compensation for medical costs, loss of income, pain, suffering, and other damages.
Mesothelioma Lawsuits and Verdicts
If you have been diagnosed with mesothelioma or another asbestos-related disease, you may be eligible to file a lawsuit against the companies responsible for your exposure.
A mesothelioma lawyer or attorney will file a mesothelioma lawsuit. They can help you gather the necessary evidence to build your case, file the appropriate paperwork with the court, and represent you in negotiations and court proceedings.
It’s important to note that mesothelioma lawsuits can be complex and time-consuming, so having an experienced legal team on your side is essential. A good mesothelioma lawyer or attorney can help you navigate the legal process and fight for your deserved compensation.
These lawsuits can be complex and time-consuming, but they can compensate for medical expenses, lost wages, pain and suffering, and other damages. The lawsuits are often settled out of court, but some cases may go to trial.
A mesothelioma verdict refers to a trial or settlement outcome in a mesothelioma lawsuit. The compensation awarded in a mesothelioma verdict can vary widely depending on the case’s specific circumstances.
Generally, the average mesothelioma trial verdict tends to be higher than average settlements, as they often include punitive damages intended to punish the companies responsible for the victim’s exposure.
However, it’s important to note that mesothelioma verdicts can be unpredictable, and a specific outcome is not guaranteed.
Asbestos Lawsuits and Settlements
In addition to mesothelioma lawsuits, several asbestos lawsuits and settlements have been filed for victims of asbestos exposure. These lawsuits can compensate for various damages, including medical expenses, loss of income, pain, suffering, and other costs.
Working with a mesothelioma attorney is essential if you or a loved one have been diagnosed with mesothelioma or an asbestos-related illness. Most mesothelioma lawsuits are settled out of court, and asbestos attorneys can help you find the best legal option.
They can help you understand the personal injury lawsuit process and fight for your deserved compensation.
Mesothelioma Settlements vs. Jury Verdicts
According to statistics, approximately 95% of all civil lawsuits, including mesothelioma claims, are resolved out of court. The average mesothelioma settlement amount is between $1 million and $1.4 million, although settlement amounts vary between cases.
Mesothelioma settlements occur when the defense attorneys (typically the manufacturer of asbestos-containing products) agree to negotiate with the plaintiff’s mesothelioma attorney during a settlement meeting. The decision to agree to the civil lawsuit stops the legal action.
Generally, mesothelioma settlements and verdicts are guaranteed to pay the victim or next of kin that filed a wrongful death lawsuit. Thus, the victim can receive the proceeds from a compensation settlement in under 90 days, based on a median mesothelioma settlement time frame.
In arriving at mesothelioma settlements, the companies that own asbestos-containing items and the victim’s mesothelioma lawyers could negotiate a specific amount to pay injured victims exposed to asbestos. For example, the agreement could pay for medical expenses, lost wages, hospitalization, surgeries, pain, and suffering.
Mesothelioma Wrongful Death Settlement
In cases where a mesothelioma patient has passed away due to their illness, their family may be eligible to file a wrongful death lawsuit against the companies responsible for their loved one’s asbestos exposure.
A mesothelioma wrongful death settlement can compensate for medical expenses, loss of income, funeral expenses, and other damages. Mesothelioma settlements vary for each case.
However, Mealey’s Litigation Report reveals that the average mesothelioma settlement amount in wrongful death cases resolves between $1 million and $1.4 million dollars.
To file a mesothelioma preventable death lawsuit, the deceased’s family must typically work with an experienced mesothelioma lawyer or attorney who can help with the following:
- Gather the necessary evidence to build a case, including the victim’s asbestos exposure history
- File the appropriate paperwork with the court
- Represent the family in negotiations and court proceedings
Mesothelioma wrongful death settlements can vary widely in size, depending on the case’s specific circumstances. Working with an experienced mesothelioma lawyer from our legal team can help ensure the deceased’s family receives the wrongful death settlement or compensation they deserve.
Mesothelioma Settlement Process
Once all differences have been resolved among plaintiffs and defendants and agreements have been made to resolve cases through mesothelioma settlements, the process is nearly complete. However, the time for the mesothelioma victim to receive their settlement payout could take significantly longer.
On average, the mesothelioma victim receives their settlement payout within one year, depending on how fast the defendant (typically asbestos companies) can agree with the plaintiff’s attorney.
In many cases, the victim files a mesothelioma claim against more than one party, including multiple asbestos manufacturers. The mesothelioma lawsuit settlements and verdicts may resolve at different times in these cases. As a result, the settlement compensation from each party may vary, and it may take longer to get paid.
Settlement or Compensation Payout
The time it takes to receive compensation does not affect an asbestos lawsuit settlement, nor the amount but the process to complete the mesothelioma settlement process is lengthy.
Using an asbestos attorney’s vast experience and resources will enable the victim to stand a higher chance of securing a decent settlement that can take care of all medical bills. Upon receiving the asbestos lawsuit settlement, the victim can use the funds for any pressing needs, such as medical, financial upkeep, or other urgent needs.
The receipt of mesothelioma funds does not deny a veteran from pursuing other benefits they are entitled to from the government. In other words, they can access both, such as VA benefits and a $1 million settlement amount.
Average Mesothelioma Settlement Case Value
The median mesothelioma settlement awards range between $1 million and $ 1.5 million. However, the mesothelioma lawsuit settlement amounts paid to asbestos victims varies considerably based on the unique circumstances of the case and the extent of the victim’s medical expenses.
Typically, attorneys working for mesothelioma victims will negotiate the best mesothelioma settlement offer in one or more negotiation meetings until an agreement can be reached. As a result, the average settlement amount to resolve an asbestos lawsuit is often substantially lower than taking the case to trial.
Plaintiffs and defendants may want to stop asbestos litigation and resolve their cases through mesothelioma settlements to avoid presenting evidence before an unpredictable jury. Therefore, injured victims likely benefit from accepting average mesothelioma settlement amounts to avoid a trial verdict that could side with the defendant.
Although verdict compensations amounts are public, mesothelioma settlement amounts are confidential.
Winning at Trial
The defendant likely knows the trial verdicts do not favor their side, where jurors could award financial compensation to the victim that far exceeds their ability to pay. Instead, those at fault may end deliberations and agree to mesothelioma compensation based on the average settlement amount.
The average trial verdict is approximately $2.4 million in malignant mesothelioma lawsuits.
In many asbestos cases, trial verdicts will resolve a claim and award victims or surviving family members between $5 million and $11.4 million. Generally, payments issued to veterans are heftier than the average mesothelioma settlement amounts and are disbursed quickly.
How Much Compensation Can You Receive for a Mesothelioma Claim?
The amount depends on the facts of a particular case. According to Mealey’s Litigation Report, an average negotiated mesothelioma settlement is between $1 million and $1.4 million. If a mesothelioma settlement claim goes to court, an agreement could be reached before the jury decides.
If the defendant chooses not to make a good faith offer while the asbestos litigation is ongoing, the jury that heard the evidence sets the payment claim if the case is in the plaintiff’s favor.
Are Mesothelioma Settlements and Verdicts Taxable?
Section 104 of the IRS tax code states that mesothelioma settlements income from personal injuries or ailments is non-taxable. Therefore, the compensation amount is often based on the patient’s emotional and physical anguish due to their mesothelioma illness.
Under federal laws, mesothelioma settlements are non-taxable. However, taxation can become tricky if a single payment passes through various means, for instance, through the mesothelioma settlement and a trial verdict. Although this situation is not prevalent, it can occur.
Mesothelioma Settlements Taxable Income
Generally, most mesothelioma claims are agreed upon before the issue reaches the jury. However, if the dispute comes to the jury, and the defendant settles the claim before the jury issues its mesothelioma verdict, then a settlement and a jury’s mesothelioma verdict will occur.
Such a scenario may result in punitive damages, in which case the plaintiff will pay tax. Still, the settlement relating to mesothelioma will be unaffected. Also, the plaintiff might pay tax if interest has arisen or they decide to withdraw the total amount instead of partially.
Tax Obligation by Mesothelioma Claim Type
Section 104(a) (2) of the tax code stipulates that mesothelioma settlement emanating from a fund or a lawsuit is subject to tax the same way. Therefore, whether the compensation stems from a trust fund, a settlement, a verdict, or a lawsuit doesn’t matter.
The tax application will be the same. For any claim, the plaintiff can decide whether to withdraw partially or as a lump sum. Whichever choice the plaintiff makes, the tax is applicable.
Mesothelioma Settlement Timeline
Asbestos exposure cases are generally compensated within 12 months. However, the payment varies because of how many asbestos defendants face a lawsuit.
For example, if more than one asbestos manufacturer is listed as a defendant, the plaintiff will likely receive compensation from one defendant at a time.
Who is Eligible to Receive a Mesothelioma Settlement?
Anyone who has suffered from asbestos exposure is eligible to receive compensation. First, the lawyer must prove that the client’s suffering is attributable to the asbestos manufacturer.
What Affects Mesothelioma Settlement Amounts
There are certain factors that affect the settlement amount that mesothelioma plaintiffs can receive, such as:
- Statutes of limitations
Statutes refer to laws prevailing in various states. If the litigant waits to long before filing, they are time-barred, forfeiting the legal rights to pursue the asbestos exposure case.
- Number of litigants
Mesothelioma settlements generally come from several defendants facing asbestos exposure lawsuits. However, in such a case, the compensation payout will be higher.
The nature of the client’s illness will impact the compensation amount. For example, a mesothelioma diagnosis and rare types of cancers will result in a higher payout than a mere asbestos exposure.
Where the plaintiff is incapacitated, their lawyer will lobby for funds to ensure their well-being as the disease progresses, including loss of wages, emotions, and physical agony.
- Duration of exposure
Lengthy exposure can amount to more liability for the defendant and compensation for the plaintiff.
Did the defendant company fail in its duty of care to the plaintiff? If so, its liability will increase if the compensation settlement ends at the trial stage. A culpable company will want to swiftly agree on compensation and avoid paying a substantial potential verdict at trial.
- Plaintiff’s age
Mesothelioma cancer can take years before it manifests and affects all age groups. However, compensation might be higher if the victim is a child to cover a lost opportunity to earn a living in the future.
Why Might a Plaintiff Prefer Mesothelioma Settlements vs. Jury’s Verdicts?
In asbestos cases, plaintiffs often prefer settlements to verdicts, even though asbestos companies will not be held accountable with punitive damages, due to:
- The compensation process takes a shorter time
- Less emotional stress
- Settlements are cheaper
- A specific compensation is awarded
Seeking Compensation Amounts and Proving Asbestos Fiber Exposure
If you have been diagnosed with Mesothelioma or another asbestos-related illness, you may be eligible to seek compensation from the companies responsible for your exposure.
Mesothelioma Personal Injury Lawsuits
Mesothelioma personal injury lawsuits are filed by individuals who have been diagnosed with mesothelioma as a result of asbestos exposure. These lawsuits can compensate for a range of damages, including medical bills, lost wages, and pain and suffering.
To file a mesothelioma personal injury lawsuit, it’s important to work with an experienced attorney. They can help gather the necessary evidence to build your case, file the appropriate paperwork with the court, and represent you in negotiations and court proceedings.
Proving Asbestos Exposure
Proving asbestos fiber exposure is crucial for mesothelioma patients in seeking compensation. In general, it’s necessary to show that you were exposed to asbestos in a way that was negligent or intentional on the part of the companies responsible.
To prove asbestos exposure, it may be necessary to gather medical records, work history, and other evidence to demonstrate that you were exposed to asbestos during your employment or other activities. Working with a qualified lawyer can help ensure you have the evidence to support your legal claim.
Asbestos Attorneys and Mesothelioma Lawsuit Settlements
In addition to mesothelioma personal injury lawsuits, several asbestos lawsuit settlements have been filed for victims of asbestos fiber exposure. These settlements can compensate for various damages, including medical expenses, lost wages, pain and suffering, and other expenses.
If you believe you may have a legal claim related to asbestos fiber exposure, work with an experienced asbestos attorney to explore your legal options. They can help you understand the legal process and fight for your deserved compensation.
How to Arrive on a Mesothelioma Lawsuit Settlement Amount
Personal injury attorneys representing injured mesothelioma patients follow proven tactics and strategies to resolve a mesothelioma lawsuit settlement successfully. The legal process includes:
Collecting Evidence and Processing the Claim
The client’s attorney will seek to procure the following:
- The company’s documents from the defendant
- Military service records and civilian work history
- Documents from a hospital showing the existence of mesothelioma
Fill in the Claim Form
An experienced asbestos lawyer usually will do the paperwork on behalf of their client relating to asbestos fiber exposure and send it to the relevant court’s office. Upon receipt, the defendant’s company will review the paperwork and decide whether to agree with it or not. Usually, the defendant puts up a defense at first.
If the defendant’s company disregards the claim, the plaintiff can provide new evidence. In the process, each party may requisition details from the other to strengthen its case.
Usually, mesothelioma lawyers will advise their clients accordingly. First, however, the litigant’s lawyer has to produce evidence that the defendant’s negligence occasioned their client’s illness.
At some point, the plaintiffs and defendants will discuss ending the case through a negotiated settlement. Data shows that 95% of all personal injury cases are resolved away from court when both sides agree on the negotiated amount needed for the plaintiff to drop the claim.
Other Ways to Receive Mesothelioma Compensation
Besides asbestos settlements, there exist other legal channels of compensating the asbestos fiber exposure victims. Alternative legal avenues enable the victims to receive more than they would under the settlement, such as:
- Trial decisions: If the defendants and the plaintiff cannot reach a consensus, a judge will give a fair hearing to both sides and make a ruling on compensation.
- Asbestos trust funds: Following revelations about the damage that asbestos had caused, asbestos companies formed a trust fund to facilitate payments to asbestos victims.
They reached the decision in bankruptcy court due to the many mesothelioma lawsuits they faced. According to the United States Accountability Office, the trust fund allows any qualifying participant compensation from the $30 billion funds.
- Compensation from the military: The US military used considerable asbestos in its installations until the 1980s. The asbestos exposure left some veterans affected after developing asbestos-related diseases.
Veterans constitute 30% of mesothelioma victims. Consequently, the Department of Veterans Affairs created financial initiatives to facilitate veterans suffering from mesothelioma.
Mesothelioma Veterans Affairs Benefits
There are additional benefits that veterans can qualify for, such as:
- Veterans Affairs pension: Veterans may be eligible for a pension if they meet some income threshold.
- Veterans Affairs healthcare: The veterans can access health care for free or subsidized through mesothelioma experts via Veteran Affairs.
- Disability payments: Veterans suffering from mesothelioma are eligible for tax-free disability compensation.
Many individuals who suffer asbestos-related diseases have filed an asbestos claim against parties that exposed them to toxic asbestos and have won compensation at trial or through an asbestos settlement out of court.
Filing a lawsuit against companies at fault for their injury is a way to hold parties responsible for the damage accountable for their neglect. In addition, financial compensation assists victims in paying their medical bills and recouping their lost wages.
The amount of compensation in each asbestos claim differs for every mesothelioma claim. Each victim’s compensation ranges from just a small amount to a possible $1.4 million as per the average asbestos settlement, or more.
Asbestos Claims Process for Asbestosis and Mesothelioma Cases
Seeking compensation in a mesothelioma case is not as simple as just filling out a claim form. Personal injury tort laws are complex. Successfully obtaining recompense requires proof of what parties are at fault and the victim’s level of injury.
In nearly every case, a mesothelioma diagnosis can be traced back to specific companies or one company that exposed the victim to asbestos.
When it can be proved that the company knew or should have known about the specific dangers of exposure to the toxic chemical, it can be held legally liable for damages. However, because of the complexities of state tort law involving asbestos-related disease claims, hiring a skilled attorney to handle the case is imperative.
Settling the mesothelioma case for compensation involving mesothelioma or other asbestos-related diseases is usually achieved through three specific avenues including:
- Quick settlement – Often, defendants facing lots of cases will want to settle each claim quickly to avoid the legal expense of trialing cases.
However, accepting a quick asbestos settlement can cause significant financial damage to the victim if the compensation is inadequate to cover ongoing and future medical costs, along with lost wages and other damages caused by asbestos fiber exposure.
- Accepting an offer – Companies that expose others to asbestos tend to drag out the time they have to respond to a valid claim for compensation. They hold out to wear down the victim, who might grow tired or financially desperate and ultimately accept an offer significantly lower than the claim’s value.
However, an attorney experienced in mesothelioma cases will likely advise their client to refuse to accept the lower offer and instead build a solid case for trial to ensure they receive adequate compensation.
- Accepting a settlement at trial – Nearly every mesothelioma case is settled out of court. However, obtaining the amount the victim deserves usually requires building a solid case against the defendant.
Typically, defendants will settle the case before taking the case to trial to avoid negative publicity and the high cost of courtroom litigation.
Numerous factors can influence the amount of settlement obtained through negotiation or trial. A skilled attorney can determine the claim’s value and investigate the case to see if any third parties are also liable for exposing the victim to asbestos.
Mesothelioma Victims Are Owed Compensation
When asbestos fiber exposure has caused the victims emotional and physical pain, mesothelioma settlements offer them some relief to help pay for their medical costs. Victims should follow up immediately before the statutes of limitations bar them from further legal action.
Hiring an Attorney with Experience Resolving Mesothelioma Cases
The experienced mesothelioma attorneys from our legal team fight aggressively for their clients who have suffered illnesses caused by asbestos fiber exposure. We will pursue compensation, including compensatory and punitive damages, when the negligent actions of all parties at fault are egregious.
We aim to provide any mesothelioma patient or loved one with experienced legal representation to receive adequate compensation for your injuries to cover all your current and future expenses.
While we acknowledge that you are likely entitled to a significant award for punitive damages, a large verdict by jury is never guaranteed. Therefore we offer our best legal advice to help you decide if settling out of court or proceeding to trial for a jury verdict serves your best financial interest.
Contact an experienced mesothelioma attorney at Rosenfeld Injury Lawyers, LLC at (888) 424-5757 or use the contact form to schedule a no-obligation free consultation so we can evaluate your compensation claim.
Contingency Fee Agreement
Our law firm advances all expenses in resolving a mesothelioma claim and gets paid only when negotiating a settlement or winning a jury trial award. Our “No-Win/No-Fee” Guarantee is simple: We do not get paid if you do not win!