How Much Will My Mesothelioma Lawsuit Settlement Amount Be?

Mesothelioma victims seek compensation to pay for medical expenses and provide financial security for their families. Once victims and their attorneys find asbestos-related companies at fault and file a lawsuit and wait for a response.

Many defendants opt to settle in order to avoid costly court trials and get the money into the victim's hand faster. The amount of settlement can differ from case to case.

Factors That Affect the Settlement Amount

Asbestos sufferers typically face significant medical expenses in addition to lost wages and financial losses due to their exposure to asbestos. A jury can decide to award compensatory damages based on the plaintiff's economic losses. In some historic cases settlements have amounted to tens or even hundreds of millions of dollars. A lawyer with experience cannot promise a specific amount of settlement for clients. There are many variables at play.

An experienced attorney can identify liable asbestos companies and file the appropriate paperwork to initiate an asbestos lawsuit. Once the complaint is filed the legal timeline starts with deadlines to be adhered to by all parties involved in the case.

If a defendant is found be liable for a breach of contract, the company will usually settle out of court before trial. Most defendants want to settle their disputes before they are exposed to negative publicity and a lengthy trial. They may also want to avoid the costs of litigation.

Settlements usually include compensation for the plaintiff's financial losses, including any unreimbursed medical expenses. They may also cover living expenses such as transportation or home health aids. The settlement will also cover the loss of wages, which includes those already lost by the victim, as well as those predicted to be lost in the future.

In addition to these expenses, victims also receive damages for suffering, pain and emotional distress. These damages are based on the psychological, physical and emotional impact of asbestos-related ailments. These damages also include the loss of enjoyment of living.

A mesothelioma lawyer will make use of their knowledge of asbestos-related companies' business practices and history to calculate the damages a victim is entitled to.

Asbestos lawyers can prepare for a plaintiff's case before a jury and judge. In states that have joint and several liability juries will decide how much a case is worth and what percentage each defendant is accountable for the plaintiff's losses. Additionally, jurors will look at punitive damages, which are meant to penalize the defendant due to their negligence and wrongdoing. In certain cases, a jury might give tens of million dollars in punitive damages.

Punitive Damages

A jury can award punitive damage if an asbestos victim can show that a company has committed corporate malice or outrageous misconduct. They are intended to punish the defendant and deter others from engaging in similar behavior. The amount of damages depends on several factors.

The size of a business and its previous records can also influence the amount of punitive damages. The punitive damages that are awarded to larger companies tend to be greater than those awarded to smaller companies.

The amount of compensation awarded is highly dependent on each case. However, there are some factors that can aid victims and their attorneys determine the most appropriate compensation. These include:

During the investigation phase, which occurs prior to filing an asbestos lawsuit, your legal team will collect evidence of the exposure you suffered and identify all responsible parties. This could include a thorough review your medical records, your employment history and possible locations where you were exposed to asbestos. In most cases, the legal team will identify several sources of asbestos exposure.

Your legal team will file a lawsuit in the state courts that are suitable for your case after the investigation has been completed. The asbestos litigation process could take quite a long time, particularly in the event that your lawyer must appeal or seek a trial. In some cases the legal team of your lawyer will agree to a settlement with asbestos and resolve the issue earlier in the litigation process.

In recent years juries have handed out large sums in mesothelioma and other asbestos cases. Some asbestos companies have requested judicial intervention as a result. They argue that the asbestos litigation system has created an atmosphere of anxiety and uncertainty for businesses.

Despite the arguments made by some asbestos lawyers the judges have resisted many attempts to restrict asbestos attorneys litigation. Judges in New York and California recently have sided with asbestos defendants striking unsupported punitive damages claims.

The first step in pursuing an asbestos settlement is to consult with a mesothelioma attorney that specializes in these types of cases. A qualified law firm will provide you with a free consultation and answer your questions about the amount you could receive as an asbestos settlement.

Compensation Damages

The amount of compensation can be influenced by the monetary value of damages. Families and victims of asbestos attorneys may seek compensation for medical expenses as well as suffering and pain, lost wages, and much more. They can also claim compensation for wrongful deaths for family members that have passed away due to asbestos exposure.

A mesothelioma lawyer can determine how to negotiate with defendants in order to reach an agreement. The process begins by obtaining evidence of exposure to asbestos such as work and health records, and assembling an inventory of the products that were exposed to the patient, along with the date of exposure. The attorneys file the lawsuit, and conduct the discovery.

The mesothelioma defendants are usually willing to settle in order to avoid a huge verdict in the courtroom or negative publicity resulting from a lengthy proceeding. This is especially relevant when the mesothelioma victim is a large corporation. However, it is important to know that different states require a certain degree of proof of negligence and wrongdoing on defendant's part in order for a plaintiff to be awarded compensatory damages.

If the evidence is sufficient, a mesothelioma lawyer can engage in settlement negotiations with defendants to obtain the highest possible amount of compensation for their client. A seasoned mesothelioma lawyer will take into account the severity of the patient's condition the financial loss they have suffered and the possibility that they will not recover from the disease.

It can be difficult to prove mesothelioma exposure as it occurs through inhalation and is not always obvious. In addition, it can be up to 50 years before asbestos exposure causes mesothelioma symptoms. Mesothelioma is a rare form of cancer and is caused only by asbestos exposure, so it is essential to have an experienced asbestos attorney on your side.

A mesothelioma compensation settlement could be non-taxable in some cases. This is because the IRS generally taxes income only if it is directly connected to death or injury. A mesothelioma lawyer will meticulously design the case to ensure the majority of the award is not taxable, including the compensation for emotional distress and loss of companionship.

Case Valuation Matrix

To determine the worth of their case, asbestos sufferers should speak with an attorney with experience with mesothelioma. Lawyers can also help asbestos victims file claims within the statute of limitations. Waiting too long could lead to victims losing out on compensation.

Asbestos lawyers know the complicated legal process of filing an asbestos lawsuit and the negotiation of a settlement. Lawyers can offer their opinions on whether it is in the victim's interest to accept an asbestos settlement offer. They can also suggest whether to take a case to trial and assist asbestos victims find the evidence they require to support their legal claim.

Mesothelioma lawyers usually request an amount that is sufficient to cover a victim's medical expenses and provide financial security to their family. When requesting compensation, they consider the victim's diagnosis, age and other factors. On average, mesothelioma victims receive a settlement of $1 million to $1.4 million.

Victims can also receive punitive damages along with compensatory damages. These damages are intended to punish those who place profits over the safety and security of workers and military personnel. The amount of punitive damages awarded varies depending on the case.

In the majority of asbestos cases, there are several defendants. In many instances, dozens of asbestos producers are named in a single claim. In many cases, every manufacturer that is responsible for the exposure of a victim will contribute to the final settlement amount. The higher the settlement amount for a victim, the more companies they name.