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When a person is diagnosed with mesothelioma, it’s virtually always because they came in contact with asbestos. Most often, that contact with asbestos happened on the job, or because the substance was used in the construction of a building that the patient frequented.
In nearly every case, one or multiple parties can be named liable for the disease. As such, an experienced mesothelioma lawyer can often win compensation for their clients from those parties. However, how much they are able to recover can vary greatly based on the details of the individual case, including the state in which the lawsuit is filed.
Because there are so many variables involved, calculating an average mesothelioma settlement is difficult, if not impossible. However, there are a few factors to consider that can help a person better estimate their expected settlement.
In-Court vs. Out-of-Court
When a mesothelioma lawsuit is filed, the defendant (the party being accused) has two options. They can either settle out of court, or they can fight the accusation in court. Their choice presents different average mesothelioma settlement expectations.
In general, settling the case out of court results in a lower amount of compensation. However, the process is usually much faster. A full trial is generally the opposite. The process will often be longer, but the compensation awarded will often be greater.
Type of Case
When a mesothelioma lawsuit is filed, it may fall under different categories. Each of these can affect the potential compensation available. Note that these are not all the different legal options available:
- A wrongful death lawsuit is filed after the person who had mesothelioma has passed away. Compensation may be paid to the family or the estate for lost wages, emotional suffering and more.
- A mesothelioma trust may be set up by companies who manufactured or used asbestos. Certain requirements must be met to qualify for this compensation.
- An individual lawsuit may be filed by or on behalf of a person with mesothelioma. Compensation available may include lost wages, pain and suffering, and more.
- A class action lawsuit is filed on behalf of a large group of people who all suffered in the same or similar ways. Though class action lawsuits are powerful, they aren’t used too often in mesothelioma cases.
The State in Which the Lawsuit Is Filed
Every state has different rules in place for personal injury lawsuits, under which mesothelioma lawsuits fall. One of the most important rules is the statute of limitations. This dictates how long a person has to file a lawsuit. In most states, the statute of limitations is between 1 to 3 years, with some exceptions.
Some states also put caps on certain types of compensation. Most often, these limitations are on non-economic damages, such as pain and suffering or loss of consortium. Economic damages, like lost wages, are rarely capped.
Because there are so many factors involved in these types of cases, defining the average mesothelioma settlement is practically impossible. Some attorney websites say the average is between $1 million and $3 million, while others give different numbers. It’s important to speak with a mesothelioma lawyer to understand what you should expect for your case.
