What is the average asbestos lung cancer settlement amount?

The average settlement received in asbestos lung cancer cases ranges from $100,000 to $400,000.

Are asbestos lung cancer settlements taxable income?

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.

Who receives the money in a wrongful death settlement?

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.

Asbestos Lung Cancer Settlements: Amounts, Factors & Benefits

Written by Joe Lahav, Esquire | Edited By Walter Pacheco | Last Update: July 29, 2024

What to Expect From an Asbestos Lung Cancer Settlement

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.

Asbestos Lung Cancer Settlement Amounts

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.

Factors Influencing Settlement Amounts

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.

Key Factors in Asbestos Settlements

Corporate Negligence: Financial liability may be significant when there is strong evidence of negligence. Companies may be more willing to settle for a significant amount if the evidence demonstrates their responsibility.
Jurisdiction: Different states require varying amounts of evidence to prove a defendant’s liability. Some states also cap the amount of damages a jury can award, which may make defendants more likely to take a case to trial rather than settle.
Medical Expenses and Lost Wages: Amounts sought by a plaintiff should reflect how much is being spent on medical expenses and how much income has been lost as a result of being unable to work.
Number of Defendants in the Lawsuit: Some asbestos lung cancer lawsuits name multiple defendants. A plaintiff may receive separate settlement offers from individual defendants.

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.

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How to Maximize Your Lung Cancer Settlement

The 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.

Tips for a Favorable Settlement

If you were exposed to asbestos through work, provide proof of employment at the companies where you were exposed. This can be an HR document, pay stub or a co-worker who can vouch for you.
Present a pathology report that proves you were diagnosed with lung cancer.
Collect biopsy results and statements from medical professionals that link your lung cancer to asbestos exposure. This can include cancer tissue samples that contain asbestos fibers.
Find methods to demonstrate how you were exposed to asbestos on the job.

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.

Benefits of an Asbestos Lung Cancer Settlement

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.

Notable Asbestos Lung Cancer Settlements and Verdicts

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.

$38 Million: A New York jury awarded damages in 2023 to Romeo Maffei, who developed asbestos-caused lung cancer from exposure to asbestos on boilers while employed as a construction worker.
$36.5 Million: In 2022, A Montana jury ordered Maryland Casualty Co. to pay damages to asbestos lung cancer patient Ralph Hutt, who developed the disease from exposure to asbestos working at W.R. Grace and Co.’s Libby, Montana, mine in the late 1960s.
$28.5 Million: A New York jury in 2023 ordered 3 defendants to pay damages to James Petro, who developed asbestos lung cancer after exposure to asbestos in the World Trade Center working as a pipefitter.
$12.5 Million: In 2016, a New York jury awarded damages to mechanic George Cooney, who developed asbestos lung cancer from exposure to asbestos in brakes, clutches and engine gaskets on Caterpillar Inc. forklifts.
$10.3 Million: A Miami-Dade County Circuit Court jury ordered Carnival Cruise Lines to pay damages to Giovanna Settimi Caraffa for the development of asbestos lung cancer after exposure to asbestos working as a shipboard electrician.
$6.4 Million: A Pennsylvania jury ordered John Crane to pay damages to asbestos lung cancer patient William Roverano, who developed the disease from exposure to asbestos products working as a carpenter. Roverano also settled with Hajoca Corp. prior to the verdict.
$4.5 Million: An Ohio appeals court affirmed the damages awarded to asbestos lung cancer patient Kevin Howell, who developed the disease because of exposure to asbestos boards working for Consolidated Rail Corp.
$4.3 Million: A California jury awarded damages in 2017 to Saipele Faiaipau, who never smoked cigarettes and developed asbestos-caused lung cancer from exposure to the toxic mineral working as a rigger on U.S. Navy and commercial ships.
$3.8 Million: A Mississippi jury awarded damages to the surviving family of asbestos lung cancer patient Larry Smith, who developed the disease from exposure to asbestos used to thicken drilling mud on rigs.
$1.9 Million: A Michigan judge in 2018 awarded damages to the estate of asbestos lung cancer patient James Parrott, who developed the disease after exposure to asbestos products during his time as a steelworker at Ford Rouge Steel Mill in Detroit.

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.

Common Questions About Asbestos Lung Cancer Settlements

What is the average asbestos lung cancer settlement amount?: The average settlement received in asbestos lung cancer cases ranges from $100,000 to $400,000.
Are asbestos lung cancer settlements taxable income?: 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.
Who receives the money in a wrongful death settlement?: 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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