Mesothelioma Settlements and Compensation
A mesothelioma diagnosis is likely a challenging time for the patient and their loved ones. After someone is diagnosed, their lives are changed completely. They may have to take a leave of absence from work and change their lifestyle at home to follow new medical recommendations. The costs and emotional trauma that come with treatment can also be significant. Mesothelioma settlements are a form of compensation that can offset financial difficulties for patients and their families.
The common option for compensation comes from filing a claim against an asbestos trust fund. Over time, companies with notable asbestos-related liabilities may have filed for bankruptcy. Trusts are then set up by the bankruptcy courts and are used to compensate victims of asbestos-related diseases. If a patient is seeking compensation for mesothelioma and the asbestos company did not establish a trust, the patient may file a separate lawsuit to receive a settlement or verdict for compensation.
Mesothelioma Settlements Vs. Verdicts
As a person researching mesothelioma compensation options, you may come across the term “mesothelioma verdict.” If both parties cannot reach a settlement agreement and appear in court, the verdict is the final result. Judges will review the case and determine the best settlement amount, and also decide whether the company is responsible for the patient’s exposure to asbestos. That decision is referred to as the verdict.
Are You Entitled To Compensation?
Mesothelioma is a result of asbestos exposure, either while working, serving in the military, or through secondary exposure, which happens when a family member comes into contact with someone who has the asbestos fibers on their clothes, skin or hair. If this is the case, it’s likely the result of corporate negligence, and you are entitled to compensation.
How Do I File A Mesothelioma Settlement?
There are several actions that a patient or family member must take in order to start the mesothelioma compensation process. When deciding who you’re going to work with, it’s important that you seek mesothelioma specialists, as they will be able to provide the most accurate knowledge on the situation. Start here:
- First, find a qualified mesothelioma attorney. You’ll discuss the variables of your situation, compensation options, and establish a legal plan.
- Carefully consider the different forms of compensation you could pursue. Your lawyer will be able to help you discover the best option.
- When the decision is made to file a lawsuit, you must take into account the settlement offers you’ll receive from the asbestos companies, and whether they’re acceptable for you.
- If the settlement amount does not work, then negotiations take place. If the parties can’t reach an agreement, the case may go to trial.
Average Mesothelioma Settlement Amounts
The settlement amounts offered during a case hinge on several variables. If the company accused has a high asbestos liability, they are more likely to pay a higher amount to settle. Some companies may want to settle in order to avoid a damaging verdict, so they may offer to pay a higher amount. The most vital factor determining the settlement amount, however, are details surrounding the asbestos exposure. Your lawyer should be well-equipped to investigate your history and other important factors.
Other variables that affect the settlement amount include:
Age of diagnosis
In many cases, being diagnosed at a younger age such as 45 or 50 will likely have a more significant impact on the ability to work and other lifestyle factors, as opposed to someone who may be diagnosed during older or retirement years such as 70 or 80 years old.
Where the claim is being filed
Settlement success can vary by place, so you may have to file a claim in a completely different state in order to receive the optimal outcome.
A positive mesothelioma diagnosis can cause emotional distress to the patient and their families.
Lost earnings and wages
If your physical or mental state after diagnosis and treatment affects your ability to work, or overall job performance, you from succeeding in the workplace, you may be compensated for lost wages.
Cost of living and medical
Living and medical expenses will most likely differ for a patient living in another state, so this amount also gets factored in.
Company liability and the number of companies involved
Are the defendant(s) are responsible for your asbestos exposure? A lawyer who specializes in mesothelioma claims will be able to navigate your case efficiently while ensuring you get the highest settlement amount for your particular case.
If your mesothelioma diagnosis is a result of asbestos exposure on the job, you have a right to compensation. We can help. Call to connect with a qualified mesothelioma attorney, download our free guide, or request a free case evaluation.