Mesothelioma Settlement Amounts and Average Payouts

Settlements provide families affected by mesothelioma with guaranteed compensation to cover the costs of medical treatment and other financial burdens. Most mesothelioma settlements range from $1 million to $1.4 million, whereas trials typically result in damages of around $2.4 million, paid out in either months or years.  

The following sections cover everything you need to know about mesothelioma settlements and factors you should consider when seeking compensation.

Who Can Receive a Mesothelioma Settlement?

If asbestos exposure caused an asbestos-related disease, like mesothelioma, in you or a family member, you may qualify for compensation through a lawsuit or settlement. You must file your lawsuit as soon as possible to remain eligible. Each state has a different time limit for filing a claim, known as a statute of limitations.

A qualified attorney can help you determine your eligibility and help you file your claim quickly.

Determining Mesothelioma Settlement Amounts

Mesothelioma settlement amounts vary to some extent. However, most are $1 million or more. 

Each case is different. But knowing the average can give you an idea of what asbestos victims have received in mesothelioma settlements in the past.

Average Mesothelioma Settlement Amounts

According to Mealey’s Litigation Report, the average mesothelioma settlement amount is estimated to be between $1 million and $1.4 million. Awards vary on a case-by-case basis.

Settlement amounts have steadily increased over the last few decades. In the early 2000s settlements tended to be under $1 million, but now those numbers are significantly higher. 

Factors that Affect Settlement Amounts

As noted above, many variables determine an asbestos settlement offer. Some important factors that affect settlement amounts include the following: 

• Jurisdiction: Each state has different legal requirements for maximum mesothelioma settlement amounts, evidence, and a statute of limitations (the deadline for filing a claim).
• Number of defendants: An asbestos victim may be eligible to file a lawsuit against more than one defendant. In a lawsuit involving multiple defendants, each defendant has the right to continue a case to trial or make a settlement offer.
• Medical history and diagnosis: The patient’s medical history and the severity of their asbestos disease may impact a settlement offer. 
• History of exposure: Long-term asbestos exposure may increase a company’s liability. The increased liability may lead to a larger mesothelioma compensation amount.
• Company negligence: An asbestos company that knowingly exposed individuals to asbestos fibers may face even more liability. If an asbestos defendant was found guilty of negligence in the past, it may be more likely to settle a mesothelioma case to avoid an expensive trial verdict.
• Medical expenses and lost wages: Settlement offers typically include enough money to cover an asbestos victim’s medical expenses and income lost as a result of that person’s illness.

Process of Settling a Mesothelioma Case

A mesothelioma settlement is part of the asbestos lawsuit process. The plaintiff and defendant may choose to settle before or during a trial. However, if a settlement is not reached, the case may proceed to trial. 

Mesothelioma lawsuit settlements require a formal offer from the defendant. To obtain a settlement, a claim needs to be filed ahead of time.

Necessary Information to File the Lawsuit

After choosing to pursue legal action, an attorney can help you gather information in your case. Such information includes the following:

• Employment records, including any union membership and military service records
• Medical records, including a diagnosis of an asbestos-related disease
• Receipts and bills for expenses related to your diagnoses, including travel and accommodations to see specialists for treatment

Filing Your Asbestos Claim

Once your lawyer has collected all of the necessary information and documents, they will file a claim on your behalf. Before filing a lawsuit, your attorney will help you to determine the following:

• Defendant: As a mesothelioma victim, you can file a lawsuit against one or more defendants. Defendants are the asbestos companies or companies responsible for your asbestos exposure.
• Venue: This refers to the state (jurisdiction) where you file your claim. This may be in your home state, where you served in the military, or where you worked.  
• Type of claim: The two primary types of mesothelioma claims are personal injury and wrongful death. Personal injury claims are for those who file a case on their behalf. Conversely, wrongful death claims are filed by loved ones who pursue a lawsuit on behalf of a deceased family member.

If You Receive a Settlement Offer

After collecting the required information, the lawsuit is then filed by your mesothelioma law firm. Any time after the claim is filed, the defendant can make a settlement offer to you (the plaintiff). However, in some rare cases, a settlement may be offered before a claim is made. 

Your mesothelioma lawyer will then discuss with you the advantages and disadvantages of settling your case. Remember, you have the right to either accept or reject the offer. If you reject the offer, you have the option of proposing a counteroffer with more favorable terms. 

Should You Accept a Mesothelioma Settlement? 

It is up to you. Some plaintiffs reject a settlement due to personal reasons. However, in wrongful death cases, there are several reasons why a mesothelioma patient or family member may choose to accept a settlement instead. Settlements provide closure. They will prevent a lengthy trial, and they earn the plaintiff compensation much sooner. 

Considerations Before Settling

If you are offered a settlement, you should keep the following factors in mind:

• It is common for the first settlement offer to be low. Because of the small offer, it is generally rejected by the plaintiff. 
• Settlements often resolve cases rather quickly and enable the mesothelioma victim to avoid long and drawn-out legal proceedings.
• In an asbestos case involving more than one defendant, settlements may be offered at different times. Some defendants are willing to proceed to trial while others will decide to settle. Keep in mind that each defendant is a separate entity. This means that each settlement offer should be considered individually rather than as a group.
• Asbestos companies may have been sued in the past. If they lost in a trial before, they may want to settle a case quickly rather than risk losing again.

What if I Reject the Settlement Offer?

If you choose to reject a settlement offer, the case will then proceed to trial where the judge or jury will give a verdict. However, if you wish to settle but feel that the initial offer is lower than what you are entitled to receive, your attorney can counteroffer and negotiate the settlement terms with the defendant’s attorney.

Notable Mesothelioma Settlement Amounts and Verdicts

Undoubtedly, compensation from mesothelioma settlements and verdicts can assist asbestos victims and their families in navigating a challenging diagnosis or the loss of a loved one. Noteworthy examples of settlements and verdicts provide insight into how awards differ from case to case. 

Examples of Mesothelioma Settlement Amounts

While exact settlement figures are typically kept private, they sometimes become public from time to time. Examples of mesothelioma settlement awards include the following:

• U.S. Steel was ordered to pay $250 million to a former employee who had been diagnosed with mesothelioma. U.S. Steel reached a post-verdict settlement for around $50 million.
• A retired police officer and former brake specialist reached a $25 million settlement with Daimler-Chrysler due to being exposed to asbestos in automobile brakes.
• A former Jackson County, Mississippi courthouse employee exposed to asbestos during a reconstruction and renovation project done by US Engineering Company received a $10 million settlement. A few years after her death from stage 4 mesothelioma, two of her former co-workers filed a class-action lawsuit against the county and the company. The case netted a settlement amount of $80 million.

As noted above, individual cases vary based on many different factors. Keep in mind that prior cases do not guarantee a similar outcome. 

Examples of Mesothelioma Verdicts  

If the case proceeds to a trial, there is no guarantee that a court will find in a plaintiff’s favor. If the jury agrees that a defendant is liable, they will decide how much to award the plaintiff. 

Examples of mesothelioma verdicts include the following:

• A man was awarded $18 million due to his exposure to asbestos in talcum powder used at his father’s barbershop.
• An employee at the Firestone Tire Plant in Wilson, North Carolina, was awarded $32.7 million due to being exposed to asbestos while he was employed at the company from 1975 to 1995.
• A woman was awarded $29.5 million by J&J Company, Inc. due to developing mesothelioma after being exposed to asbestos-contaminated talc products.

Mesothelioma victims or loved ones seeking compensation should discuss their case with a skilled asbestos attorney. 

Understanding Mesothelioma Settlements vs. Verdicts

Mesothelioma settlements and verdicts are two ways to obtain compensation through a mesothelioma claim. Both offer benefits to asbestos victims and families coping with a mesothelioma diagnosis. However, there are also many differences between settlements and verdicts.  

Below is a description of both settlements and verdicts. Additionally, some of the main differences are further discussed below:

• Settlement:  A mesothelioma settlement is a private agreement between two parties. One party provides compensation to another. Once a settlement has been reached, the party offering the compensation will no longer be liable to the other party. In most cases, defendants offer a low settlement amount to begin. It is up to the claimant to accept, reject, or request a counteroffer. Once the settlement is accepted, it needs approval from the judge in charge of the case. The settlement should be carefully reviewed by your legal representation to ensure that it does not have any clauses that could complicate the defendant’s obligation to pay you. 
• Verdict: This occurs when a case is brought to a court where a jury or judge determines whether the asbestos company is liable for the mesothelioma victim’s exposure to asbestos.

Settlement vs. Verdict: Determination of Amount Awarded

It is important to understand that lawsuit verdicts typically result in more compensation than settlements. 

In some instances, trial verdicts may include punitive damages, also known as ‘exemplary damages.’ These are assessed during the legal process to punish the liable party for negligence. However, a defendant can be found not liable for a plaintiff’s damages, which means that no compensation will be awarded.

If the verdict favors the claimant, a jury or judge will award the plaintiff with compensation. This award is based on the facts and circumstances of the case.   

Specifically, this will take many details into account, such as lost income, expenses, and pain and suffering associated with a mesothelioma diagnosis.

Settlement vs. Verdict: Timing

Settlement offers are often made before or during a mesothelioma trial. If the parties to the case are unable to settle, the trial will proceed before a court and a verdict will be reached. 

In some instances, a settlement is made after the verdict. One of the largest verdicts in United States history for a mesothelioma case was $250 million. However, the plaintiff in that case settled with the defendant afterward for around $50 million.

It is important to understand that most mesothelioma lawsuits are settled without ever being taken to court. In other words, settlements are the main way mesothelioma victims are compensated.

Settlements vs. Verdicts: Wrongful Death Settlements 

Wrongful death cases are brought by the family or loved ones of someone who has passed away due to an asbestos-related disease. 

These are often cases where the claimants believe that asbestos in the workplace or exposure to unsafe products led to the terminal mesothelioma of a loved one. 

Asbestos manufacturers often offer settlements to avoid going to court after lawsuits are filed. 

If a death has occurred in the aftermath of a mesothelioma diagnosis, the family of the deceased may qualify for an asbestos claim. 

An experienced mesothelioma lawyer can gather details and provide the legal help necessary to move forward with this exploratory process.  

Legal Support for Mesothelioma Settlements

Mesothelioma lawyers are good at helping you learn more about the circumstances of your asbestos exposure. Their experience helps determine your eligibility and decide what type of case should be filed. They also identify what evidence should be presented. 

Importantly your mesothelioma lawyer will then discuss with you the advantages and disadvantages of settling your case.

Mesothelioma patients and their loved ones do not have to pay legal fees until a settlement or verdict is reached. Initiating this process is the best way to discover what damages may be owed as a result of negligent asbestos exposure. 

We can help you locate an experienced asbestos attorney in your state or familiar with your source of exposure and occupation for maximum compensation.

FAQ: Mesothelioma Settlements