How Much Will My Mesothelioma Lawsuit Settlement Amount Be?

Mesothelioma patients are seeking compensation for medical expenses and to provide financial security for themselves and their families. After the victims and their attorneys find asbestos-related companies liable and file a lawsuit and wait for a reply.

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

Factors that Affect the Settlement Amount

Asbestos-related victims typically face high medical costs in addition to lost wages and financial losses resulting from their exposure to asbestos. A jury can give compensatory damages that reflect the actual economic loss suffered by the plaintiff. In some historic cases settlements have amounted to tens or even hundreds of millions of dollars. However, no experienced lawyer can guarantee a specific settlement amount for an individual client. There are too many factors to consider.

An experienced lawyer can help identify asbestos companies that are accountable and file the required paperwork for a lawsuit against asbestos. Once the complaint is filed, a legal timetable begins with strict deadlines for all parties involved.

If a defendant is found be responsible, the company will typically resolve the matter outside of court prior to trial. The defendants often want to settle their claims before they are exposed to negative publicity and a lengthy trial. Moreover, they may also want to avoid the cost of litigation.

Settlements provide compensation for any not reimbursed expenses, such as medical expenses. It may also be used to pay for other living expenses such as transportation or home health aids. The settlement will also cover lost wages, including those already lost by the victim as well as those that are expected to disappear in the future.

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

In calculating these damages an experienced mesothelioma lawyer will draw upon its knowledge of asbestos-related companies and their business practices in the past to build a strong argument for the amount of compensation a victim deserves.

Asbestos lawyers can prepare the case of a plaintiff before a jury or judge. In states with joint and multiple liability juries will determine the worth of a case and the percentage of responsibility for the plaintiff's losses each defendant carries. Jurors also consider punitive damage that is designed to penalize defendants for their negligence or wrongdoing. In some instances juries may be able to award punitive damages that range from tens of thousands of dollars.

Punitive Damages

A jury may give punitive damages if the asbestos victim can prove that a company engaged in corporate malice, or outrageous misconduct. These damages are designed to punish the defendant, and deter other people from engaging in similar behavior. The amount of damages depends on several factors.

The size of a company and its past performance can also affect the amount of punitive damages. Larger corporations are generally more likely to be able to pay greater punitive damage awards than smaller firms.

While the amount of a settlement dependent on the particulars of each case, some general factors can assist victims and their attorneys determine the most appropriate amount of compensation. These include:

In the investigation stage that occurs prior to filing an asbestos suit the legal team of your attorney will gather proof about your exposure and determine any liable parties. This could involve a thorough review of your medical records, work history and potential locations where you may have been exposed to asbestos. In the majority of instances the legal team will identify various sources of asbestos exposure.

Your legal team will bring a lawsuit to the state courts that are best for your situation after the investigation has been completed. The asbestos litigation process is lengthy, particularly when you have to appeal or go to trial. In certain cases the legal team will settle the asbestos case prior to the start of litigation.

In recent years juries have handed out large sums in mesothelioma and other asbestos cases. Some asbestos companies have sought an intervention from the courts as a result. They argue that the asbestos litigation system creates a climate of fear and uncertainty for business.

Despite the arguments of a few asbestos attorneys judges have resisted many 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.

Contact a mesothelioma attorney who is experienced in asbestos attorney cases as the first step in pursuing a settlement. A qualified law firm can offer a free initial consultation and answer questions about the amount you might receive in an asbestos settlement.

Compensatory Damages

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

A mesothelioma lawyer can determine how to deal with defendants in a settlement. The process begins with collecting evidence of asbestos exposure such as health and work records, and assembling a list of the products that were ingested by the patient, as well as the date of the exposure. The attorneys then initiate the lawsuit and conduct the discovery.

In mesothelioma lawsuits, defendants are usually willing to settle in the fear of a large verdict or negative publicity when the case goes to trial. This is especially relevant when the mesothelioma victim is a large company. But, it's important to know that different states require a certain degree of proof of negligence and wrongdoing on the part of the defendant in order for a plaintiff to receive compensation.

If the evidence is strong enough, a mesothelioma lawyer can negotiate with defendants in order to get the most favorable settlement possible for their client. An experienced mesothelioma lawyer will take into consideration the severity of the patient's condition the financial loss they have suffered and the likelihood that they will not be cured of 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 may be tax-free in certain situations. The IRS taxes income only when it is directly connected to injury or death. A mesothelioma lawyer with experience will carefully plan an argument to ensure that the majority of an award is not tax-deductible which includes the compensation for emotional distress as well as the loss of companionship.

Case Valuation Matrix

Asbestos sufferers should consult an attorney who has experience in mesothelioma cases, to determine what their case is worth. Attorneys can also help asbestos victims make claims within the statute of limitations. If asbestos victims delay filing claims, they could miss out on compensation.

Asbestos attorneys understand the complex legal procedure that is involved in filing an asbestos lawsuit and reaching a settlement. Lawyers can also give opinions on whether it's in a victim's best interest to accept or decline an asbestos settlement offer. They can also recommend whether to take a case to trial and assist victims uncover evidence they need to prove their legal claims.

Mesothelioma lawyers usually request an amount that is enough to cover medical expenses and to provide financial security for their family. They consider a person's age, diagnosis, and other factors when seeking compensation. In general, mesothelioma patients get a payout ranging from $1 million and $1.4 million.

In addition to compensatory damages, victims can receive punitive damage awards. These damages are intended to penalize defendants who put profits before the safety of workers and military service members. The amount of punitive damages given is contingent upon the specific case.

The majority of asbestos lawsuits mention multiple defendants. It is common for a single claim to name many asbestos producers. In many cases, every manufacturer responsible for the exposure of a victim will contribute to the final settlement amount. The higher the potential settlement amount for a victim, the more companies they will name.