Written By: Retired LCDR Carl Jewett
Mesothelioma Settlements
Mesothelioma settlements are financial agreements made between the plaintiff and defendant in a mesothelioma lawsuit. The agreements conclude the lawsuit by deciding how much money the defendant will pay the plaintiff for the harm caused. Mesothelioma is a rare cancer caused by asbestos exposure, and most defendants are companies that manufactured asbestos.
Reviewed By
Troy E. Walton
Personal Injury Attorney
Reviewed By
Troy E. Walton
Personal Injury Attorney
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Everything You Need to Know About Mesothelioma Lawsuits
Important Facts About Mesothelioma Settlements
- Mesothelioma settlements are confidential, so victims can maintain their privacy.
- Settlements help victims avoid the stress of going through a lengthy trial.
- The average mesothelioma case settles for approximately $1 to $1.4 million.
- The victim’s history of asbestos exposure is one factor that affects the settlement payout. Other factors are the type of asbestos disease, the stage of the cancer, and how many asbestos companies are involved in the case.
What Are Mesothelioma Settlements?
Mesothelioma settlements are financial agreements made between the two sides in a mesothelioma lawsuit. A settlement results in the conclusion of any related litigation or lawsuit
Settlements are often a favorable approach for asbestos companies to avoid expensive legal fees in a lengthy lawsuit or trial. Victims also favor reaching a settlement as it ends the case and guarantees mesothelioma compensation in a quicker process.
Mesothelioma, a rare type of cancer, is a direct result of the negligent actions of asbestos manufacturing companies. Asbestos is a harmful substance that, when inhaled or ingested, can irritate cells in specific areas of the body.
Despite knowing of the health risks of asbestos, the negligent manufacturing corporations continued to produce and sell the substance to the public. They distributed asbestos-containing products and materials to nearly every American industry for most of the 20th century. Asbestos manufacturing and distribution companies are responsible for exposing countless people to asbestos.
This has led to more than 3,000 asbestos legal claims each year, of which approximately 1,800 are mesothelioma claims, and many of them end in mesothelioma lawsuit settlements.
Benefits of Mesothelioma Settlements
Guarantee of Compensation
One benefit of a mesothelioma settlement is the guarantee of compensation. Going to trial has more uncertainty because the outcome of your case is determined by a judge or jury, who may not rule in your favor.
Avoid a Lengthy Trial
Another benefit of settling is avoiding a lengthy trial. Trials can be unpredictable and move slowly, and time is of the essence for most mesothelioma patients due to the high cost of treatment and the discouraging survival rates. Settling your mesothelioma lawsuit can expedite the payout process, and the money may help you get access to better treatment.
Maintain Privacy
A third benefit of mesothelioma settlements is that the plaintiff can maintain privacy. While compensation amounts from verdicts are public information, mesothelioma settlement amounts are kept private. People who were exposed to asbestos and have been diagnosed with mesothelioma or another asbestos-related disease can maintain their privacy with a settlement.
What Is the Average Mesothelioma Settlement?
The average mesothelioma settlement is between $1 million and $1.4 million. This figure comes from Mealey’s Litigation Report and other sources.
Mesothelioma lawsuit settlement amounts vary from case to case and are typically confidential. Some are higher than $1.4 million, and some are lower than $1 million. Estimates of the amount of compensation received from mesothelioma claims are available through policy research.
A report by the Rand Corporation in 2005 found that the overall compensation for mesothelioma lawsuits rose significantly in the 1990s along with the number of mesothelioma claims filed in the court system.
Some people have analyzed past settlement amounts, but each case is different. Therefore, the amounts for the average mesothelioma settlement published on various websites can be misleading. You should speak with a lawyer to get a clear idea of your case’s value.
How Are Mesothelioma Settlement Amounts Determined?
Mesothelioma settlement amounts are determined based on numerous factors.
Factors to consider for mesothelioma settlement amounts include:
- Medical expenses
- Lost wages
- Pain and suffering
- Asbestos exposure history
- Type of cancer diagnosis
- Accumulation of debt from lost wages
- Stage of the disease and chances of survival
- How much the asbestos company knew asbestos was dangerous
- Surviving loved ones and dependents
How to Receive a Mesothelioma Settlement
The process for receiving a mesothelioma settlement begins with finding a mesothelioma law firm to help file a lawsuit.
The essential steps mesothelioma victims should follow when seeking compensation through a mesothelioma settlement include:
- Finding an experienced mesothelioma attorney – They have the knowledge and expertise required to execute the legal process efficiently while improving your chances of reaching a favorable settlement.
- Gathering evidence of your asbestos exposure — This involves in-depth research of your work and residential histories, but an experienced mesothelioma lawyer will do most of the work for you.
- Proving the defendant companies are responsible – This will likely push the asbestos companies toward negotiating settlements with the victim. If the evidence is piling up against them, then they will likely want to avoid a trial and the risk of a hefty verdict.
The steps for reaching a settlement are:
- Receiving a mesothelioma diagnosis from a doctor
- Determining the victim’s history of asbestos exposure
- Identifying which companies are responsible
- Filing a claim
- Filing motions and evidence that proves the companies are responsible
- Recording a deposition (if needed)
- Negotiating a settlement
During each step of the process, experienced asbestos attorneys attempt to pressure the asbestos companies into offering an acceptable settlement amount for the victim. This involves many formalities and negotiations, but both parties usually intend to settle.
The key to receiving an asbestos settlement is working with a top mesothelioma attorney with experience in asbestos litigation.
When Should Mesothelioma Lawsuits Go to Trial?
Mesothelioma lawsuits go to trial if you, the plaintiff (victim), do not believe the settlement amount offered is enough. This is determined based on whether the amount is reflective of the harm caused to you and your cancer by the cancer diagnosis. This is rare due to the significant amount of evidence that typically exists in favor of the victim. The evidence usually encourages asbestos companies to offer a settlement.
Mesothelioma settlements and verdicts are both forms of compensation, but they are widely different. The primary disadvantages of going to trial for a favorable verdict are:
- Uncertainty of compensation
- Possible expense
- Length of the process
Mesothelioma settlements are more common than a mesothelioma case going to trial. However, each case is different and seeking a verdict by going to trial could benefit you. Find out your best course of action by getting a free case evaluation.
Frequently Asked Questions About Mesothelioma Settlements
What is the difference between mesothelioma settlements and verdicts?
Mesothelioma settlements are agreements between the two parties in a mesothelioma lawsuit: the at-fault companies and the mesothelioma victim. Mesothelioma verdicts are a decision made by the judge or jury in a mesothelioma lawsuit trial. Verdicts are often more lucrative than settlements, but trials can be unpredictable and may result in no compensation for the victim if the court sides with the asbestos companies in the case.
Who qualifies for a mesothelioma settlement?
Anyone who was exposed to asbestos and has been diagnosed with mesothelioma is eligible for a mesothelioma settlement. Contact our team to get connected with a mesothelioma lawyer to learn more about your options and if you qualify for compensation.
Who can be the beneficiary in a mesothelioma settlement?
Most cases involve the direct victim of mesothelioma — meaning the patient. If the patient passes away, then their family members may receive a settlement in a wrongful death claim.
Can You Be Taxed for a Mesothelioma Settlement?
Mesothelioma settlements are not taxable. According to the IRS, personal injury compensation and wrongful death compensation, which are the two common types of mesothelioma claims, are generally not considered taxable income. Mesothelioma settlements for medical expenses, pain and suffering or emotional distress are not taxable.
Do I need to file a mesothelioma lawsuit to receive a mesothelioma settlement?
Yes, victims of asbestos exposure need to file a lawsuit to receive a mesothelioma settlement. After the lawsuit is filed, experienced mesothelioma lawyers will gather evidence proving the victim’s asbestos exposure was caused by the at-fault companies. The next step is usually the companies offering settlement amounts to avoid going to trial. The best mesothelioma lawyers will handle the majority of the case process to relieve victims of stress and work.
Sources & Author
- Mealey’s Litigation Report: Asbestos, Show Me the Money (2007). Bates White. Retrieved from: https://www.bateswhite.com/media/pnc/5/media.285.pdf. Accessed: 03/27/2019.
- Asbestos Litigation. RAND Institute for Civil Justice. Retrieved from: https://www.rand.org/content/dam/rand/pubs/monographs/2005/RAND_MG162.sum.pdf. Accessed: 10/30/18.
- Lawsuits, Awards, and Settlements Audit Techniques Guide. Internal Revenue Service. Retrieved from: https://inns.innsofcourt.org/media/146767/(4)%20IRS%20Lawsuits,%20Awards,%20and%20Settlements%20Audit%20Techniques%20Guide.pdf. Accessed: 11/17/2023.
