Mesothelioma Settlements and Verdicts
The average mesothelioma settlement is between $1 million and $2 million. The average verdict for a mesothelioma trial is between $5 million and $11.4 million.
Financial compensation from settlement payments is generally non-deductible under federal tax laws.
What are mesothelioma settlements and verdicts?
Mesothelioma settlement and verdict are two different ways of getting compensation through a mesothelioma lawsuit.
Patients were many differences between settlements and verdicts; both offer a variety of benefits to patients and families battling mesothelioma.
Mesothelioma Patients with mesothelioma and their loved ones may be eligible to file a claim Settlement: In a mesothelioma settlement, an asbestos manufacturer agrees to pay a set amount of money to resolve an asbestos claim.
The settlement amount is determined through negotiation between your attorney and the company responsible for the asbestos exposure.
Settlements result in quicker compensation for families than a jury or court award. They are legally binding, and legal action can be taken if the settlement is not paid on time, which means that settlements offer guaranteed compensation.
Mesothelioma Verdict: A mesothelioma verdict is compensation determined by a jury or court at the end of a mesothelioma trial.
Verdicts often result in higher payouts, but defendants can appeal to pay a lower amount or have the verdict overturned entirely.
The payment is the compensation you receive after paying attorney’s fees and costs, as described in your retainer agreement with your attorney.
There is a statute of limitations on legal claims for asbestos exposure. Each state has time limits and deadlines for filing a claim after the initial diagnosis. Patients should speak with a mesothelioma attorney if they consider filing a compensation claim.
Mesothelioma Settlement and Trial Award Amounts
The amount of compensation won through personal asbestos injury, and wrongful death lawsuits vary from case to case.
Several patients or their estates have received multi-million dollar settlements and jury awards.
Mesothelioma trust payments from insolvent companies are often significantly less than the amounts claimants may be eligible to receive in court cases against non-insolvent companies.
The time frame for mesothelioma settlement varies, with some patients receiving a check in a few months and others waiting more than a year.
Notable Settlements and Verdicts
Exact settlement figures are often kept private, and confidentiality agreements bind claimants.
However, some mesothelioma lawsuit settlement amounts become public from time to time. When the plaintiff and defendant do not agree to a settlement, the case usually goes to trial.
If the jurors find the defendants liable, they will decide how much money they should be awarded in damages.
The family of a Redding, California mechanic received a $630,000 settlement in 2018 to resolve a wrongful death lawsuit from asbestos-related lung cancer.
The surviving family claimed their loved one had developed lung cancer from exposure to asbestos brake, clutch, and gaskets.
In 2017, a jury awarded Ed Robey $75 million in the largest single asbestos verdict in New York history. Robey claimed he developed mesothelioma from working with asbestos gaskets in car engines.
A New York jury ordered DaimlerChrysler to pay $25 million in 2006 to Alfred D’Ulysse, a retired police officer and former brake expert who said he had developed mesothelioma from exposure to the company’s automobile brakes.
In 2003, US Steel was ordered to pay $250 million to the wife of a former steelworker who died of mesothelioma. US Steel reached a post-judgment settlement for an undisclosed sum believed to be significantly less than the trial award.
A Texas jury awarded $18.6 million in 2014 to the surviving family of Carl Rogers, who died of mesothelioma after working for 30 years at the Goodyear tire factory.
Rogers was exposed to asbestos-containing machinery parts and pipe insulation at the factory.
In 2020, a drywall worker who developed mesothelioma received a $13.4 million judgment and $75,000 settlement from an asbestos lawsuit filed in Washington state.
Drywaller Raymond Budd said he developed cancer from working with several asbestos products, including Kaiser Gypsum’s asbestos-containing joint compound.
A San Francisco jury awarded $24.26 million in 2018 to longshoreman George Lucas, who said he developed mesothelioma from asbestos exposure while working in shipyards around San Francisco Bay for nearly 30 years. He was exposed to asbestos insulation, gaskets, and packing.
A jury awarded former naval shipyard worker George Parker $6.5 million in 2016. The jury determined that John Crane Inc. was responsible for exposing Parker to asbestos, which led to his mesothelioma diagnosis.
Parker worked with asbestos-containing gasket material at the Norfolk Naval Shipyard. (Mesothelioma Settlements)
In 2014, a California jury awarded US Navy machinist Robert Whalen $70.8 million in a mesothelioma lawsuit involving gasket maker John Crane Inc.
Whalen claimed that he developed mesothelioma while working with the company’s asbestos products during his 26 years of service in the Navy. (Mesothelioma Settlements)
In 2016, a Los Angeles Superior Court jury awarded Philip Depoyan an $18 million verdict in the mesothelioma-talcum powder lawsuit.
Depp was exposed to asbestos-tainted talcum powder products used at the barbershop where his father worked. (Mesothelioma Settlements)
In 2018, a jury awarded Stephen Lanzo III and his wife $117 million in damages. A jury found Johnson & Johnson and Emery’s Talc America liable for selling asbestos-contaminated talcum powder products to Lanzo from 1979 to 2003, which led to Lanzo’s mesothelioma diagnosis.
Benefits of Mesothelioma Disposal
One of the main advantages of a mesothelioma settlement is that compensation is guaranteed, even if the settlement is smaller than what you might win in a trial judgment.
While a trial verdict may result in a larger award of damages than a settlement, there is no guarantee that a jury will side with you. Qualified mesothelioma attorneys know that there are no fixed stakes in a trial.
Reasons a defendant may agree to settle:
- discovery of information favorable to the plaintiff
- a compelling statement that favors the plaintiff
- lack of time to complete required research before testing
- Sudden non-availability of a key witness or expert needed to win the case
- Desire to avoid ongoing legal fees from a drawn-out lawsuit
The decision of whether or not to settle is best made with the advice of an experienced mesothelioma attorney.
These attorneys understand the incurable nature of mesothelioma and other asbestos-related diseases.
The more evidence you gather to support your case, the easier it will be to get a fair settlement amount.
What Factors Affect Mesothelioma Settlement Amounts?
When you file a mesothelioma claim, several factors affect the potential settlement amount a defendant may agree to, including medical expenses and lost wages, punitive damages, and the number of companies named in the lawsuit. (Mesothelioma Settlements)
Medical expenses and lost wages
Most mesothelioma patients battling cancer also experience financial difficulties from rising medical expenses.
Because patients and their family members have to pay attention to mesothelioma treatment and care, they may be unable to work, which at the same time can lead to a loss of income. (Mesothelioma Settlements)
Compensatory and punitive damages
When a jury returns a verdict in favor of the plaintiff, jurors consider compensatory damages as the actual economic loss suffered by the plaintiff.
Jurors may also consider the award of punitive damages, which punish a defendant for particularly bad behavior and deter others from acting similarly.
Negligence of the company
The potential financial liability can be significant in cases where a manufacturer knowingly allows asbestos products to harm people.
Some historical cases have resulted in hundreds of millions of dollars in damages. If a defendant has settled or lost cases in the past, they may want to settle the claim quickly without going through the trial process again. (Mesothelioma Settlements)
Number of companies in litigation
Plaintiffs often file claims against multiple companies that manufacture asbestos-containing products.
In lawsuits where multiple defendants are named, it is common for some defendants to settle quickly to avoid legal costs, negative publicity, or lengthy proceedings.
States require different amounts of proof to prove liability, negligence, and wrongdoing on the defendant’s part. Some states also limit the damages a jury can award in a trial. (Mesothelioma Settlements)
Asbestos disposal process and general scenario
The settlement begins with a mesothelioma attorney preparing to present the plaintiff’s case before a judge and jury.
Asbestos settlement negotiations with defendants may occur before, during, or even after trial.
Filing a Claim and Receiving Responses: After working with your attorney to identify the potentially liable companies and filing their claims as a complaint, defendants usually have the time to respond in the form of an answer.
There are 30 days. Some defendants may offer a small settlement immediately instead of filing an answer to your complaint but must file an answer denying the claim.
Discovery and Preparation for Trial: The stage leading up to the trial date is called discovery, the stage of the case during which lawyers for both sides collect evidence to build their cases. Defendants may be willing to settle at this stage to avoid trial.
Trial and Appeal: If a trial starts badly for a defendant, the defendant may be motivated to make a settlement to avoid a harmful verdict.
Even if a jury favors you, it may be in your best interest to accept a settlement whereby the defendant waives his right to file an appeal, which can prolong the legal process.
Your attorney can advise you about your options and whether you should hold out for a better offer. A solicitor can also advise you about trust fund claims and how they may affect other legal claims.
“We are ready to hear each of our cases. A very small percentage, however, ever reach a verdict,” said Dan Craft, an attorney with Weitz & Luxenberg, a mesothelioma law firm responsible for two record-setting asbestos verdicts in New York. (Mesothelioma Settlements)
Common Questions About Mesothelioma Settlements
What is the Average Mesothelioma Lawsuit Settlement?
According to the most recent Miele Litigation Report, the average mesothelioma settlement is between $1 million and $2 million.
How do mesothelioma settlements work?
A mesothelioma settlement occurs when someone exposed to asbestos agrees to compensation provided by a company whose asbestos products may have caused mesothelioma.
How long does it take to get an asbestos settlement?
The period for receiving the settlement funds varies from case to case. After the mesothelioma has resolved, it may take a few months to more than a year before you start receiving settlement checks.
You are more likely to receive your compensation in installments rather than a lump sum, especially if the settlement is large.
It would help if you discussed with your mesothelioma attorney how you would like your payments to be distributed. (Mesothelioma Settlements)
Is Mesothelioma Disposal Taxable Income?
Mesothelioma settlement payments for medical expenses are generally not taxable. Your financial compensation for lost wages and emotional distress may be taxable.
An experienced mesothelioma law firm can explain how your settlement may be taxed. The Tax Cuts and Jobs Act of 2017 expanded the amount of settlement money that may be taxable.
Who Gets Money in a Wrongful Death Settlement?
Compensation awarded in a wrongful death settlement can go to the deceased person’s estate. How the settlement money is distributed to surviving family members depends on the unique circumstances of each case. (Mesothelioma Settlements)
What is the Average Asbestos Wrongful Death Settlement Payment Amount?
The average settlement amount for asbestos wrongful death is between $1 million and $2 million. This is the same payment as in an asbestos personal injury case. (Mesothelioma Settlements)
How much is the legal fee?
Most mesothelioma attorneys work on a contingency fee basis. Your attorney generally agrees to receive a percentage of any award or settlement, but you will not be owed anything if you do not receive compensation for your injuries.
You agree on specific terms with your attorney at the beginning of the case.
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