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Written by Joe Lahav, Esquire | Edited By Walter Pacheco | Last Update: July 29, 2024
Asbestos lung cancer plaintiffs who receive a settlement may get $100,000 or more, and trial verdicts issued since 2015 have averaged around $16 million. As with mesothelioma lawsuits, these cases often settle out of court. In general, asbestos lung cancer lawsuits are less common than mesothelioma lawsuits.
7,000+
Number of lung cancer patients we’ve helped at The Mesothelioma Center
When you file this type of asbestos-related cancer lawsuit, you can expect an experienced asbestos lawyer will handle every detail and negotiate a fair settlement on your behalf. There’s also a chance your claim will go to trial. Between 2015 and 2023, Mealy’s reports the compensation awarded in asbestos lung cancer trial verdicts ranged from $250,000 to $38 million.
Lawsuit recoveries help families with expenses such as cancer treatment, funeral expenses recoup and lost wages. Lung cancer lawsuits have become more common in asbestos litigation. Plaintiffs filed fewer than 1,200 of these cases in 2015, and that number climbed to nearly 1,500 in 2023.
Exact settlement amounts are kept private, and plaintiffs are typically bound by confidentiality agreements. For example, Ora Jean Adams privately settled in 2022 with asbestos defendants after filing a lawsuit claiming she developed asbestos-related lung cancer. She was exposed to asbestos secondhand through her husband, who worked as a welder and pipefitter, as well as directly exposed as a laborer and janitor at a hospital.
In another example, Kathy Riddle settled a wrongful death claim in 2022 for an undisclosed amount after taking over her husband’s asbestos lung cancer lawsuit following his death. Eddie Riddle was exposed to asbestos working as a millwright.
$100,000 to $400,000
The average asbestos lung cancer settlement amount in the U.S.
Past court verdicts provide examples of the compensation juries awarded in these types of lawsuits, and verdicts have ranged from thousands to millions of dollars. In general, lung cancer settlements are less than the average mesothelioma settlement.
Several factors, including where the suit is filed and the companies involved, influence the amount you receive from a settlement. When deciding whether you want to pursue a settlement or a trial verdict, it’s important to understand these factors and how they might affect your settlement.
These factors change on a case-by-case basis, so it’s best to speak with an asbestos lawyer who knows and understands them all. They’ll know how to maximize the compensation you’ll receive.
Get help paying for treatment and other expenses by accessing trust funds, grants and other options.
Access Funds NowThe first step to maximizing a settlement for asbestos-related lung cancer involves hiring an experienced asbestos lawyer. They can help strengthen your case if you decide to go to court and will encourage the defendant to pay a higher settlement to avoid court.
With multiple sources of evidence, you and your attorney can more successfully prove asbestos exposure is responsible for your lung cancer. Strong evidence increases the amount the defendant is willing to pay to avoid a verdict because they’re more likely to be found liable, have to pay a much greater amount or both.
Asbestos lung cancer settlements may not pay as much as court verdicts, but settlements result in guaranteed and often faster compensation. This is helpful for families who may benefit from compensation to help pay for cancer treatment.
For many people, the stress of a trial is challenging amid cancer treatment. Considering a settlement before the trial helps patients avoid this additional stress.
The pros of a settlement are easier resolution without going through a trial.
While your attorney will fight for your interests in court as well, an asbestos settlement is a simpler process than holding out for a jury verdict. While there is a wide range of potential outcomes for plaintiffs seeking a trial verdict. Settlements generally conclude more quickly, and require much less mental and emotional energy.
Some of the nation’s top asbestos law firms, including Weitz & Luxenberg and Meirowitz & Wasserberg, represented many of the plaintiffs who secured the most notable recoveries. Top asbestos law firms have experience securing compensation not only in mesothelioma cancer cases, but lung cancer claims as well.
The following verdicts represent some of the highest awards issued in asbestos-related lung cancer lawsuits.
Other cases have received less notable awards, but substantial nonetheless. The surviving family of Russell Mahoney received a $250,000 verdict from an Alameda County Superior Court jury in 2020. Mahoney developed asbestos lung cancer from exposure to asbestos working as a plasterer.
In a personal injury case, a Los Angeles County Superior Court jury awarded $937,500 in 2019 to the plaintiff. He had developed asbestos-induced lung cancer following exposure to asbestos in plastic cement, construction materials and lighting products.
The average settlement received in asbestos lung cancer cases ranges from $100,000 to $400,000.
Compensation awarded through an asbestos lung cancer settlement typically isn’t taxable. Section 104 of the IRS tax code dictates that money received through personal injuries isn’t taxed.
The estate of the lung cancer patient receives the compensation awarded in wrongful death claims. The compensation can then be divided among beneficiaries like how a will divides estate assets among family members.
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Asbestos.com. (2024, July 29). Asbestos Lung Cancer Settlements. Retrieved October 29, 2024, from https://www.asbestos.com/cancer/lung-cancer/lawsuit/settlements/
"Asbestos Lung Cancer Settlements." Asbestos.com, 29 Jul 2024, https://www.asbestos.com/cancer/lung-cancer/lawsuit/settlements/.
Asbestos.com. "Asbestos Lung Cancer Settlements." Last modified July 29, 2024. https://www.asbestos.com/cancer/lung-cancer/lawsuit/settlements/.
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