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The value of an asbestos or mesothelioma lawsuit depends on individual factors, like medical expenses and the defendants involved. Average amounts and actual case settlement and verdict amounts can give you an idea of the potential worth of your case.
About Mesothelioma and Asbestos Case Values
If you have mesothelioma or another asbestos illness, you have a right to seek compensation. There are two main sources of compensation for asbestos victims:
- Lawsuits. If you have mesothelioma, you can file a personal injury lawsuit. If you lost a loved one to mesothelioma, you may be eligible to file a wrongful death lawsuit. These lawsuits usually end in settlements. Some cases go to trial. Jury awards in trials are typically higher than settlement amounts, but trials can also result in no compensation.
- Asbestos Trust Funds. Bankrupt asbestos companies cannot be sued. Most of these companies set up trust funds to compensate future claimants. You might be eligible for an asbestos trust fund claim, which typically pays out less than a lawsuit settlement or verdict.
An expert mesothelioma or asbestos lawyer can help you decide what type of claim is best for your situation. They will give you the best chance of recovering maximum damages.
What Is the Average Mesothelioma Lawsuit Worth?
Mesothelioma and asbestos lawsuits vary significantly by individual case. However, looking at averages can be useful in understanding what to expect in your situation:
- The average settlement amount for a mesothelioma lawsuit is between $1 million and $1.4 million.
- Trial verdicts average between $5 million and $11 million.
- Asbestos trust fund claims average around $180,000.
How Much Is My Mesothelioma Case Worth?
An experienced lawyer can give you the best estimate of your case’s value, but they cannot guarantee you a specific amount. Factors used to calculate the amount a lawyer will seek for an asbestos settlement or verdict include:
- The number of defendants involved
- The degree of liability and negligence of the defendants
- The strength of the evidence against the defendants
- The severity of the asbestos illness
- The plaintiff’s age and medical history
- Current and past medical expenses
- Estimated future medical expenses
- Costs of home care or medical equipment
- Travel costs associated with medical treatment
- Lost wages or lost future earning potential
- Family and number of dependants of the plaintiff
- Emotional and physical pain and suffering
Where you make a claim can also affect your compensation. Some states cap non-economic damages, for instance. This limits how much you can recover for intangible costs like pain and suffering.
Should I Settle or Take My Mesothelioma Case to Court?
This is a decision best made between you and your legal team. Many people with mesothelioma choose a settlement. A settlement is less risky. Your lawyer should be able to negotiate a settlement for you. If you lose a trial, you end up with nothing.
Even if you do win a trial, getting compensation through a jury award often takes much longer than a settlement. A settlement is a faster, more likely way to get compensation, which is important for someone living with a terminal illness like mesothelioma.
Talk to your lawyer about your options and listen to their advice on which step to take next.
Mesothelioma Compensation Examples
Mesothelioma is a devastating and expensive illness. It is almost always caused by negligent asbestos exposure in the workplace. Because of these factors, case values are relatively high for mesothelioma.
- An industrial laborer developed mesothelioma after working around Chrysotile and Amphibole asbestos for over 20 years. He filed a mesothelioma lawsuit against his employer but died just five months later. His case, however, still went to trial. His spouse and six children carried on the case on his behalf and were awarded $2.4 million, including punitive damages, against his employer.
- A 70-year-old male who served in the United States Navy and worked as a boiler for ten years, developed mesothelioma due to asbestos exposure while on the job. After negotiations, a settlement was reached between the plaintiff’s asbestos lawyer and the manufacturers that supplied asbestos-containing materials (ACMs) to the Navy. The former boiler worker received $2.4 million.
- In May 2014, a Fresno, California jury awarded a former plumber’s family $10.9 million, stemming from his pleural mesothelioma that developed due to occupational exposure. A total of $7.4 million was awarded for compensatory damages. An additional $3.9 million was awarded in punitive damages after it was proven that the plumber’s employer, Bendix, acted willfully and recklessly by hiding the fact that they used asbestos in their job sites.
Asbestos-Related Lung Cancer Cases
- In New York, two former boilermakers were awarded significant compensation amounts after developing asbestos-related lung cancer. The first former boilermaker won $3.8 million awarded by a New York jury. A second boilermaker was awarded $3.7 million in a settlement.
- In March 2015, the family of Nicholas D., a former New York plant worker, won a $4 million verdict against Pacemaker Steel & Piping Company. After the company continuously used asbestos-containing products, Nicholas developed asbestos-related lung cancer.
- In August 2007, the family of former insulator, Edward Hill, won a $1 million verdict against Honeywell International, Inc. After working around asbestos from 1947 to 1981, Hill developed asbestos-related lung cancer. He died from lung cancer complications in 2003.
Asbestosis Case Values
- In 2014, a New York jury awarded $15 million to Ivan and Laraine Sweberg. Ivan, a former electrician, was diagnosed with asbestosis in 1997 after working around asbestos products provided by the Crane Company. From 1962 to 1972, the plaintiff worked around asbestos-containing products found in NYC schools, structures, and high-rise buildings.
- In 2001, a Texas jury awarded $35.2 million in damages to a total of 22 refinery workers who were all diagnosed with asbestosis. The compensation was divided evenly between the workers.
- In San Francisco County, California, a former boilermaker who served in the Navy won a $1 million verdict after developing asbestosis while working around asbestos products. The defendants, Foster Wheeler and Asbestos Corporation Limited were found guilty of supplying asbestos-containing materials (ACMs) to the United States military job sites.
Mesothelioma and asbestos case values are highly variable. They depend on the particulars of each case. Only an experienced asbestos law firm can provide a reasonable estimate of case value and maximize the damages you recover.
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