Mesothelioma is a rare but fatal cancer caused by asbestos exposure. This deadly mineral scars the outer linings of internal organs. The treatment is long and costly and often requires multiple inventions such as surgery, chemotherapy, and radiation. Financing the treatment requires thousands of dollars at various intervals, which mesothelioma victims find difficult to manage. The subsequent loss of job and livelihood after mesothelioma diagnosis further depresses the victim and the family financially. In this situation, mesothelioma compensation can relieve the victims and their families.
The victim can demand compensation by filing a mesothelioma lawsuit against the negligent parties. Often mesothelioma compensation is enough for the family to pay for the medical cost of the victim’s treatment and manage other financial commitments. Read on below to learn about the average compensation for a mesothelioma claim.
Mesothelioma Claim Average Payout
When it comes to compensation payout, every case is quite different from the other. The lawsuit starts disbursing mesothelioma payout within three months of filing the claim. The lawsuit takes one year or even less to settle completely in most cases.
The average amount of a mesothelioma payout is between $1 million to $1.4 million. Mesothelioma compensation can be obtained in two ways: through an out-of-court settlement or a mesothelioma court verdict.
Out Of Court Settlement
95% of mesothelioma cases settle through an out-of-court settlement. The mesothelioma victim gets the compensation amount without going through the court hearing procedure. The manufacturers of asbestos-containing products prefer a settlement to contain the damage or avoid the time-consuming procedure of going for a court verdict. The same goes for mesothelioma attorneys.
The average settlement amount is between $1 million and $1.5 million. In the past, mesothelioma attorneys have secured $10.2 million for a navy veteran and $9.5 million for a construction worker. These cases highlight the possibility of getting a good payout.
Mesothelioma Court Verdict
A mesothelioma court verdict is what its name implies. Both parties present their point of view and evidence in court, and the judge/jury announces the judgment. This procedure is lengthy and time taking. It is also possible you fail to make your case and get nothing.
The average compensation in mesothelioma trial verdict is between $5 million and $11.4 million. However, there have been many outliers too. One case was from 2003 when a mechanic was paid $250 million in court verdict by the US steel.
Similarly, in 2017, a family received $75million in a jury award—maxima in the history of New York. In another case, in 2006, the jury ordered Daimler Chrysler to compensate a retired police officer with $25 million who developed mesothelioma from the braked made by the company.
In another unusual case, Raymond Budd received compensation through both means— settlement and jury award. He received $13 million in a jury award and $75,000 through the settlement. The list of such cases is long and encourages the potential claimants to come forward and demand their rightful compensation. However, compensation amount differs significantly among the plaintiff because several factors determine compensation for a victim.
Let’s have a look at those factors.
Factors Considered In Calculating Mesothelioma Compensation
Compensation is paid based on the degree of your diagnosis, the number of years of asbestos exposure, and your job type. The lawsuit also considers the negligence of the mentioned companies and individuals. If the injury happens due to the deliberate negligence of the company, the compensation amount is often higher.
State jurisdictions also influence the mesothelioma claim amount. Different states have different jurisdictions governing mesothelioma claims. Therefore, they demand varying amounts of evidence to support the lawsuit. Some states also have a defined cap for the maximum amount a claimant can get. It also factors the number of dependents, age, financial situation, medical expenses, and pain and mental anguish of the victim and their family.
The number of claimants demanding compensation from the asbestos fund can decrease your payout share. For instance, if many mesothelioma attorneys file for compensation for their clients, the percentage of trust distributed to each person reduces significantly. It is one of the reasons to work with an experienced who knows all the ways to get a higher compensation amount for you.
Process Of Filing For Mesothelioma Compensation
Filing a lawsuit and getting mesothelioma becomes less hectic if you have an experienced attorney. Overall, the process starts when you hire a desired mesothelioma lawyer. The lawyer prepares your case for presentation to a jury/judge.
Filing A Claim
Your lawyer makes a legal complaint. All the liable companies and individuals appear in the application. The defendants get notified about your complaint and have thirty days to respond. In most cases, defendants are not eager to accept your allegations and deny them initially. But some defendants may offer you a small settlement amount to immediately close the case. In this situation, the plaintiff must work with their lawyer before accepting or declining the offer.
Next is the discovery phase. This period holds immense significance for both parties as they look for evidence, witness statements, documents, etc., to support their claims. At this stage, defendants become eager to offer a settlement if they suspect that the complainant has a strong case, and a mesothelioma verdict may be more costly.
Trail And Appeal
If neither side settles at the discovery stage of the mesothelioma case, both will proceed to court. If the jury is on your side, it is often very beneficial. But it is still better to go with a settlement because the trial can be very lengthy. Moreover, if you accept the settlement, the defendants lose their right of appeal, which often prolongs the process.
During all this time, closely work with your lawyer every step of the way. Ask their advice— they may advise you to go for a settlement or ask you to proceed with a trial verdict.
Mesothelioma compensation can be of great help for mesothelioma victims and their families. The amount of compensation can vary significantly depending on factors, including the history of asbestos exposure, the number of dependents, and the state in which the lawsuit originated. Though the payout amount can vary among plaintiffs, the average compensation amount is $1 million to $1.4 million. And in most cases, an experienced attorney can receive it for their clients within one year.