How Much Will My Mesothelioma Lawsuit Settlement Amount Be?

Mesothelioma patients seek reimbursement for medical expenses and to provide financial security for their families and themselves. Once victims and their lawyers determine asbestos companies that are liable, they file a lawsuit and wait for a response.

Many defendants choose to settle in order to avoid a costly court trial and get the money into the hands of the victim quicker. The amount of settlement varies from case to case.

Factors that Influence the Settlement Amount

Asbestos exposure can lead to high medical costs, loss of wages and other financial losses. A jury can award compensatory damages that reflect the plaintiff's actual economic losses. Some cases have resulted into awards of compensation of tens of millions of dollars. An experienced lawyer cannot promise a specific amount of settlement for the client. There are too many factors at play.

An experienced attorney will be able to determine asbestos-related companies that are responsible and file the necessary paperwork for a lawsuit against asbestos. Once the complaint is filed the legal timeline starts with strict 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 resolve the matter outside of court prior to trial. Defendants would like to settle their cases quickly to avoid negative publicity and a long trial. They may also want to avoid the costs of litigation.

Settlements provide compensation for any not reimbursed expenses, such as medical costs. They may also be used to pay for other 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 compensation for suffering, pain and emotional distress. These damages are based on the physical, emotional and psychological impact of asbestos-related ailments. These damages also include the loss of enjoyment of living.

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

Asbestos lawyers can be prepared for the plaintiff's case before a jury and judge. In states with joint and several liability the jury will decide the total worth of a case and what proportion of responsibility for the plaintiff's losses each defendant carries. Jurors also take into consideration punitive damages that is designed to penalize defendants for their negligence or wrongdoing. In some cases, juries could decide to award punitive damages in the hundreds of thousands of dollars.

Punitive Damages

If an asbestos victim can demonstrate that a business engaged in corporate malice or blatant infractions, the jury may decide to award punitive damages. These are meant to penalize the defendant and deter others from engaging in similar conduct. The amount of damages is contingent on a variety of variables.

The size of the business and its performance in the past can also impact the amount of punitive damages. The punitive damages given to larger corporations tend to be higher than the ones awarded to smaller businesses.

While the amount of a settlement is highly dependent on the specifics of each case, a few general elements can aid victims and their lawyers calculate the best possible compensation. These include:

During the investigation phase, which occurs prior to filing an asbestos lawsuit your legal team will gather evidence regarding your exposure and identify all responsible parties. This may include a thorough examination of your medical records, employment information and any possible places where you were exposed to asbestos. In most cases the legal team will determine numerous sources of asbestos exposure.

Your legal team will start a lawsuit in the state courts that are suited to your case once the investigation has been completed. The asbestos litigation process can be lengthy, particularly when you have to appeal or go to trial. In certain cases, your legal team will reach an agreement with asbestos and settle the issue earlier in the litigation process.

In recent years juries have handed out large sums in mesothelioma and other asbestos cases. This has prompted asbestos companies to request legal intervention. They argue that the asbestos litigation system creates a fearful atmosphere for business.

Despite the arguments of certain asbestos attorneys judges have resisted numerous efforts to restrict asbestos litigation. However, judges in New York and California have recently backed asbestos defendants by striking punitive damages claims that were not substantiated.

The first step in pursuing an asbestos settlement is to consult with a mesothelioma lawyer that specializes in these types of cases. A qualified law firm can give you a free initial consultation and answer any questions regarding the amount you could receive in an asbestos settlement.

Compensation Damages

The value of compensation damages can be a major factor in the amount of an asbestos settlement. Victims and their families can seek compensation for suffering and pain as well as medical expenses, lost wages and much more. They can also seek wrongful death compensation for family members who passed away due to exposure to asbestos.

A mesothelioma lawyer can determine the best way to deal with defendants in an agreement. The process begins by gathering evidence of asbestos-related exposure, such as work and medical documents, and then compiling an inventory of the products the patient was exposed to. The attorneys initiate the lawsuit and conduct the discovery.

Defendants in mesothelioma cases are usually willing to settle in order to avoid a huge verdict at trial or negative publicity resulting from a lengthy trial. This is especially relevant when the mesothelioma victim is a large corporation. It is important to remember, however, that different states require plaintiffs to prove a certain amount incompetence or wrongdoing by the defendant before they are able to receive compensatory damages.

If the evidence is strong enough the mesothelioma lawyer may make settlement negotiations with the defendants to secure the best possible compensation for their client. A mesothelioma attorney with experience will consider the severity of the patient's condition, the financial losses they have sustained and the likelihood that the patient is not able to recover.

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 may be non-taxable in some cases. This is due to the fact that the IRS typically taxes income only when it directly corresponds with death or injury. A mesothelioma lawyer with experience will carefully prepare the case to ensure that the majority of an award is non-taxable which includes the compensation for emotional distress as well as the loss of companionship.

Case Valuation Matrix

Asbestos victims should consult an attorney who has experience in mesothelioma cases, to determine how much their case may be worth. Lawyers can assist asbestos victims submit claims within the timeframe of the limitation period. If victims wait too long, they could miss out on compensation.

Asbestos lawyers understand the complicated legal procedure of filing an asbestos lawsuit and reaching the settlement. Lawyers can give their opinions on whether or not it is in the interest of the victim to accept an asbestos settlement offer. They can also recommend whether to go to trial and assist asbestos victims find the evidence they require to support their legal claim.

Attorneys for mesothelioma victims typically request a sum that will cover the cost of medical treatment for the victim and provide financial security for their family. When seeking compensation, they will take into account the victim's diagnosis, age, and other factors. In general, mesothelioma sufferers receive a payment ranging from $1 million and $1.4 million.

Victims may also be awarded punitive damages along with compensatory damages. These damages are designed to punish those who put profit over the security and safety of workers and military personnel. The amount of punitive damages awarded varies by case.

The majority of asbestos lawyer lawsuits include multiple defendants. It is typical for one claim to cover dozens of asbestos manufacturers. In most cases, the final settlement amount will be contributed by each manufacturer who is responsible for the victim's exposure to asbestos. The higher the settlement amount for a victim, the more companies they name.