Mesothelioma is a lethal disease primarily affecting the tissues that cover the internal organs. Most mesothelioma cases in the US result from exposure to asbestos, a natural fiber that was widely used for construction and other purposes in the 90s. However, other reasons such as family genetics, radiation therapy, or living with someone exposed to asbestos fibers can also cause mesothelioma.
Mesothelioma is often misdiagnosed because its symptoms are similar to other chest and respiratory diseases. Its most common symptoms include shortness of breath, continuous coughing, chest pain, and other symptoms. It is advised to consult your primary care physician if any symptoms persist for a long time.
There is no cure for mesothelioma. However, different treatment options and advanced techniques in medicine can help the patient lead a healthy and fulfilling life. These treatments can cost patients thousands of dollars. Asbestos exposure is often a result of the negligence of employers. Therefore, filing an asbestos lawsuit can help you receive adequate monetary compensation to handle your financial burdens.
There are several types of lawsuits that you can file after being diagnosed with mesothelioma. The lawsuit can either result in a trial or a settlement. Most mesothelioma-related lawsuits are resolved through settlement. The lawyers of the victim and the defendants negotiate the settlement amount out-of-court.
In this article, we will discuss the things that you should keep in mind regarding mesothelioma settlement.
Time Frame of a Mesothelioma Lawsuit Settlement
The mesothelioma settlement time frames can differ from case to case. Various factors like estimated time of exposure, stage of the disease, the time required to collect evidence, and other factors can alter the timeline of a mesothelioma lawsuit, which includes;
- Gathering evidence
- Filling the case
- Lawyers from both sides support their arguments through witnesses and evidence
- Resolving the lawsuit through an out-of-court settlement (if lawyers of both parties agree)
- Taking the case to trial (if lawyers of both parties disagree)
Mesothelioma cases going to trial can take years to resolve. However, lawsuits ending in victims receiving a settlement amount mostly get resolved within a year. You can sue more than one defendant, and each will pay out the settlement amount at a different time within a year.
Factors that Determine the Mesothelioma Settlement Amount
Various factors can influence the amount of settlement you receive. Your legal team can help collect evidence and determine the amount of settlement you deserve. A competent attorney also helps negotiate the highest possible asbestos settlement amount with the defendants. Factors that can impact the amount of settlement you may receive include;
Your age
Most mesothelioma cases are diagnosed in people above the age of sixty. However, this disease is also diagnosed in young adults and rarely in teenagers. The amount of settlement you will receive is inversely proportional to your age. The younger you are, the higher the amount of settlement you will receive because younger people become unable to work a regular job and have a higher survival rate. In contrast, older people have a low survival rate and are already retired.
Financial losses
The amount of settlement also depends upon the financial losses that you suffer. For example, people who cannot work and bear their daily expenses due to mesothelioma are eligible for a higher amount of settlement.
Cost of treatment
Mesothelioma treatment can be expensive. Therefore, it is crucial to receive an adequate settlement amount to cover all of your medical expenses. Your medical reports help determine the type of treatments you may require, and your settlement amount should be enough to cover all the necessary costs of those treatments.
Defendants
You can sue more than one defendant in your lawsuit. Therefore, the more the number of defendants, the more the amount of settlement you will receive.
Degree of Injury
Mesothelioma can take decades to develop after initial asbestos exposure. Therefore, it can be challenging to provide evidence that the reason for your disease is asbestos exposure. However, a competent attorney can help build a strong case and claim the settlement amount. Victims claiming to have been exposed to asbestos without a diagnosis of asbestos-related disease have little to no chance of receiving a settlement amount.
Suffering
A mesothelioma diagnosis can be mentally and emotionally taxing. Therefore, victims can also file a pain and injury lawsuit to claim financial compensation for their suffering.
Type of lawsuit
There are different types of lawsuits for asbestos-related diseases. Some people can be eligible to file more than one lawsuit. Therefore, they can receive a settlement amount through more than one lawsuit.
The Amount of Mesothelioma Settlement
The amount of mesothelioma settlement also differs from case to case. The total amount of settlement is calculated by adding all the amounts paid by each of the defendants you sued. The average settlement amount is around $1 million. However, the amount of settlement you may receive can be different based on your case.
It is advised to consult an experienced attorney or take the services of a mesothelioma law firm dealing in asbestos litigation. A competent attorney can help you build a strong case and claim a higher settlement. One of the highest settlements secured in a mesothelioma lawsuit is $10.2 million.
Advantages of a Mesothelioma Settlement
Most attorneys prefer resolving a mesothelioma case through settlement instead of taking it to trial. Settlements have various advantages like;
- Victims receive the settlement amount within a year and don’t have to go through the hassle of a trial.
- The first year of mesothelioma treatment can cost a lot of money, and receiving a settlement amount within a year is the most effective way to bear all the expenses.
- A settlement holds defendants responsible as they accept their fault and try to financially compensate you for their negligent behavior that caused your condition.
- Above all, settlements are a safer option when compared to trials. Even though trials can help secure a higher amount of compensation, there is no guarantee of winning a trial. Moreover, you receive no monetary compensation at all upon losing a trial.
The Bottom Line
Mesothelioma is a deadly disease affecting many people in the US. It is a rare form of cancer that can take decades to develop and is mostly caused by asbestos exposure. Victims can file a lawsuit to receive adequate financial compensation to pay for the expensive treatment costs and other expenses.
Most asbestos lawsuits are resolved through settlement. You can receive a settlement amount of $1 million within a year. The settlement amount can differ from case to case as it depends on different factors like age, suffering, degree of injury, and more. Most experienced attorneys advise that settlement has various advantages and is a safer option over a trial. Hopefully, this article will help you understand the things to keep in mind regarding a mesothelioma settlement.
