Mesothelioma Settlements: How Much Can You Expect to Receive?

Understanding Mesothelioma Compensation

Understanding how much compensation you may receive from a mesothelioma settlement can help provide some peace of mind during this difficult time.

Settlement amounts vary greatly based on several factors, but many mesothelioma patients and families receive substantial compensation.

Type of Settlement

The type of settlement you pursue – personal injury lawsuit, asbestos trust fund claim, or VA benefits – impacts how much you may receive.

Lawsuits typically yield the highest amounts but also tend to take the longest and have the most uncertainty.

Asbestos trust funds and VA claims usually provide less but the process is often faster.

Company Responsibility

The companies found liable for your asbestos exposure play a role in settlement amount. Those with major responsibility and a history of asbestos use often pay the most.

Companies that went bankrupt may have established asbestos trust funds to handle claims. The total number of companies involved also matters.

Medical Expenses

Settlement amounts are also based on the medical costs associated with your mesothelioma diagnosis and treatment. Things like surgery, chemotherapy, medications, travel, and lost wages are considered.

Severity of Illness

Unfortunately, the severity of your illness is a factor. Those with advanced mesothelioma and a poor prognosis typically receive greater settlement amounts. Your age, occupation, and level of disability or impairment are also considered.

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Factors That Determine Your Mesothelioma Settlement Amount

The amount of your mesothelioma settlement depends on several factors. Some things that determine how much compensation you receive include:

1. Type of Mesothelioma

The specific type of mesothelioma diagnosis plays a role in settlement amounts. For example, pleural mesothelioma settlements tend to be higher than peritoneal mesothelioma settlements.

This is because pleural mesothelioma is the most common type, so there are more cases to compare settlement offers to.

2. Severity and Progression

The severity of your mesothelioma and how fast it’s progressing are also considered. This is because the costs of medical care and lost wages are usually greater in these situations.

3. Age and Life Expectancy

Your age and life expectancy at the time of diagnosis are significant factors.

Younger patients and those with longer life expectancies typically receive higher settlement amounts.

This is because they will likely face higher medical costs and more lost income over their lifetimes.

4. Occupational Exposure

The circumstances of your asbestos exposure play a role in your settlement. Those who were exposed to asbestos on the job, especially in high-risk occupations like shipbuilding, construction, and automotive work, often receive more compensation.

This is because employers failed to provide safe working conditions and proper hazard communication about the dangers of asbestos exposure.

5. Additional Expenses

Any large medical bills, travel costs for treatment, or renovations made to your home also impact your settlement amount. Be sure to keep records of these expenses to provide as evidence during settlement negotiations.

6. Litigation Experience

Having an experienced mesothelioma lawyer to represent you during settlement negotiations can help maximize the amount of compensation you receive.

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How to Maximize Your Mesothelioma Payout

Maximizing your mesothelioma settlement or verdict requires diligent preparation and persistence. Here are some steps you can take to strengthen your claim:

1. Build Your Case Early

Don’t delay start building your case as soon as possible. Track down medical records, work records, witness statements, and anything else that can prove your asbestos exposure and link it to your mesothelioma diagnosis.

2. Find Qualified Doctors and Experts

Consult doctors and medical experts who understand the complexities of mesothelioma and have experience testifying in court. They can provide a credible medical opinion to support your claim.

3. Determine Your Damages

Work with your lawyers and experts to fully understand your financial losses, both current and future. This includes medical bills, lost income, loss of future earnings, physical pain, emotional suffering, and reduced quality of life. The higher your total damages, the more compensation you can demand.

4. Negotiate Aggressively

Don’t settle for the first offer from defendants. Work with your lawyers to negotiate the maximum settlement possible based on the strength of your evidence and the full extent of your damages.

Be willing to take the case to trial if offers are inadequate. Juries often award higher compensation than settlements, so defendants may increase offers to avoid court.

5. Consider Trust Fund Claims Too

In addition to lawsuits, you may be able to file claims against asbestos trust funds set up by companies that went bankrupt.

Conclusion

With perseverance and the right team of lawyers and experts on your side, you have a good chance of obtaining fair compensation for your mesothelioma and holding the responsible companies accountable.