Mesothelioma Settlements & Verdicts

Mesothelioma Settlements vs. Verdicts: Understanding the Differences

Mesothelioma settlements and verdicts are two types of compensation awarded in mesothelioma lawsuits. Despite the differences between them, both help people with mesothelioma.

In a mesothelioma settlement, an asbestos company will pay a sum to resolve an asbestos claim. Settlements pay families faster than a jury or court verdict.

Key Facts About Mesothelioma Settlements & Verdicts

1. About 95% of mesothelioma cases end in settlements rather than going to trial.
2. Mesothelioma settlements typically resolve faster than trials, often within 12 to 18 months.
3. The largest mesothelioma verdict was $250 million in 2003.

In a mesothelioma verdict, a jury or court decides whether to award compensation at the close of a trial. Verdicts often lead to higher payouts. But, defendants can appeal. They may pay less or have the verdict overturned.

A mesothelioma payout is what you get after paying attorneys’ fees and costs. Your mesothelioma lawyers describe this information in your retainer agreement.

Average Mesothelioma Settlement & Verdict Amounts

Mesothelioma settlements range from $1 million to $2 million, while mesothelioma verdicts average between $5 million and $11.4 million. Average settlement amounts vary from case to case based on individual case details and circumstances. Many mesothelioma survivors and their families have received settlements or jury awards worth millions of dollars.

“Because settlements provide compensation faster than lawsuits, they may be a more immediate solution to pay expenses,” says Joe Lahav, a lawyer and Asbestos.com legal advisor. “I’ve seen verdicts typically result in higher amounts of total compensation, but the majority of lawsuits are settled before trial.”

Additional forms of financial assistance exist for many mesothelioma patients. Examples include asbestos trust fund payouts from bankrupt companies and VA claims for veterans. Talk to an attorney to evaluate the best options for you and your family. 

Notable Mesothelioma Lawsuit Settlements and Verdicts

Exact mesothelioma settlement amounts are often kept private. Claimants are usually bound by confidentiality agreements. But some mesothelioma lawsuit settlement amounts become public from time to time. 

When plaintiffs and defendants don’t agree to a settlement, the case usually goes to trial. If jurors find the defendants liable, they will decide on damages.

Metal Worker: $250M Verdict

U.S. Steel was ordered to pay $250 million in 2003 to the wife of a former steel worker who died of mesothelioma. U.S. Steel reached a post-verdict settlement for an undisclosed amount believed to be substantially less than the trial award.

Talc Consumer: $117M Verdict

A jury awarded damages to Stephen Lanzo III and his wife totaling $117 million in 2018. A jury found Johnson & Johnson and Imerys Talc America liable for his mesothelioma. Lanzo bought their asbestos-contaminated talcum powder from 1979 to 2003. 

Navy Veteran: $70.8M Verdict

A California jury awarded $70.8 million to U.S. Navy machinist Robert Whalen in 2014. Whalen claimed he developed mesothelioma working with John Crane’s asbestos-containing products. He served for 26 years in the Navy. 

Drywall Worker: $13.4M Verdict and $75K Settlement

A drywall worker received a $13.4 million verdict and $75,000 in settlements in 2020 from a lawsuit filed in Washington. Drywaller Raymond Budd said he developed mesothelioma from working with multiple asbestos-containing products. Among them was Kaiser Gypsum’s asbestos-containing joint compound. 

Mechanic: $630K Settlement

The family of a mechanic from Redding, California, received a $630,000 settlement in 2018. It resolved a wrongful death lawsuit over asbestos-related lung cancer. Exposure to asbestos brakes, clutches and gaskets led to their loved one’s mesothelioma.

Asbestos settlement and verdict amounts depend on several factors. The severity of the diagnosis, the strength of evidence and the defendant’s negligence play roles. Settlement amounts can vary widely, often reaching millions of dollars. Jury verdicts also vary based on the unique circumstances of your mesothelioma case.

Factors Influencing Mesothelioma Settlements and Verdicts

When you file an asbestos claim, many factors affect the potential settlement or verdict amount. These can include medical expenses and lost wages, case strength and jurisdiction.

Factors Affecting Average Mesothelioma Settlements

• Case Strength: The strength of a claim significantly impacts settlements. Strong evidence of liability usually leads to higher settlements and quicker resolutions.
• Company Liability and Negligence: Financial liability may be significant with strong evidence of negligence. Some historic cases have resulted in awards of damages in the tens of millions of dollars.
• Compensatory and Punitive Damages: Jurors consider compensatory damages such as the plaintiff’s economic losses. Jurors also may consider punitive damages to punish a defendant.
• Jurisdiction: Different state laws and historical court verdicts greatly impact compensation awards. For example, some states cap the amount of damages a jury can award.
• Medical Expenses and Lost Wages: Medical expenses can mount while patients and caregivers focus on mesothelioma treatment. They may be unable to work, causing a loss of income.
• Number of Companies in Lawsuit: Some mesothelioma lawsuits name multiple defendants. It’s common for some of the defendants to settle early.

Speak with your attorney about factors that may affect your settlement or trial claim. Each mesothelioma case is different. Every family’s finances affect settlement outcomes.

A defendant’s history of success at trial can also play a role. If a defendant has settled or lost cases in the past, the defendent may want to settle quickly without going through the trial process again.

How the Mesothelioma Settlement Process Works?

The settlement process starts with a mesothelioma attorney preparing to present your case to a judge and jury. Asbestos settlement negotiations with defendants can take place before, during or even after a trial.

1. Filing Claims and Receiving Responses: After you file a mesothelioma lawsuit, the defendants typically have 30 days to respond in the form of an answer. Some defendants may offer a small settlement immediately, but most file an answer denying the claim.
2. Discovery and Preparation for Trial: During discovery lawyers on both sides collect evidence to build their cases. Defendants may be willing to negotiate a settlement at this stage to avoid a trial.
3. Trial and Appeal: If a trial starts going badly for a defendant, they may settle to avoid a damaging verdict. If a jury takes your side, it may be in your best interest to accept a settlement if the defendants waive their right to file an appeal.

Your lawyer can advise you about your options and whether you should hold out for a better proposal. Asbestos attorneys can also advise you about trust fund claims and how they might affect other legal claims available to you.

The best firms prepare well for court knowing a strong mesothelioma case improves settlement outcomes. “We’re prepared to take every one of our cases to trial. A very small percentage, though, ever get to a verdict,” said Dan Kraft, an attorney at Meirowitz & Wasserberg.

What’s Needed for a Mesothelioma Lawsuit Settlement? 

Evidence to secure a mesothelioma settlement includes medical records, work history, expert testimony and financial records demonstrating the impact on your family. A robust amount of evidence greatly enhances your chances of a successful outcome.

Necessary Documentation

• Documentation showing your diagnosis
• Proof of employment history at the asbestos company listed as a defendant
• Records that prove mesothelioma caused claimed economic challenges
• Testimonies about your asbestos exposure and medical diagnosis

Mesothelioma lawyers play a large role in securing a settlement or verdict. They navigate complex legal processes, gather crucial evidence, secure expert witnesses and negotiate on your behalf. They strategize how to maximize the chances of a successful outcome.

Mesothelioma Settlement Time Frame

A mesothelioma settlement may take several months to a year or more to receive. Filing a lawsuit initiates the legal process. Soon after, the discovery phase starts, where both parties exchange evidence and information. Negotiations can begin early, often before the trial date, because the parties may prefer to settle quickly. 

Multiple rounds of discussions and settlement offers may occur over several months. If no agreement is reached, the case may go to trial, which can take a year or longer. On average, settlements may be reached within a few months to a year to receive, while trials may extend the process further.

Is Accepting an Asbestos Settlement the Right Choice?

A skilled attorney can help you decide whether to accept a mesothelioma settlement offer. It requires careful consideration of various factors. Your asbestos attorney can provide valuable insights. Their experience will help you get a fair amount.

If the settlement includes funds for lost wages, it can help you maintain financial stability during and after treatment. Make sure the settlement covers all current and future medical costs for treatment and related health issues.

Rich D., a pleural mesothelioma survivor, was fortunate that after his diagnosis. His son found a mesothelioma law firm that secured settlements with several asbestos manufacturers. The funds have allowed him and his wife to enjoy their time together without financial worries.

Even if you need a settlement quickly, it’s vital to weigh these considerations carefully. The first offer may not meet your needs. Hiring a lawyer with mesothelioma case experience will improve your settlement offers. They can manage the negotiations for you.

Key Benefits of Accepting a Mesothelioma Settlement

One of the main benefits of a mesothelioma settlement is that your money is guaranteed. While a trial verdict may result in a larger award than a settlement, there is no guarantee that a jury will side with you. 

• Faster, Guaranteed Compensation: Settlements usually resolve claims faster than a long trial. They ensure families get a secure financial outcome.
• Covers Expenses: They provide funds for medical bills and lost wages quicker than a trial verdict.
• Predictability: Settlements offer compensation and security instead of waiting for a jury verdict that may not land in your favor. 
• Lower Legal Costs: Trials can take time to resolve. Settlements often result in reduced fees compared to prolonged litigation.
• Privacy Protection: Settlements are usually confidential. Jury verdicts may not be.

Qualified mesothelioma attorneys know there are no sure bets in a trial. The more evidence you gather to support your case, the easier it will be to obtain a favorable mesothelioma settlement amount.

The decision to settle or not is best made with the advice of an experienced mesothelioma attorney. These lawyers understand the nature of malignant mesothelioma and other asbestos-related diseases.

Latest Mesothelioma Lawsuit Settlement and Verdict Updates

For the past five years, between 3,500 and 4,100 asbestos lawsuits have been filed in U.S. courts each year, according to the consulting firm KCIC. Most of these claims are settled privately before reaching a jury trial.

Status of Asbestos Lawsuits

• November 2024: A New York jury awards $600,000 to a mechanic who claims that his asbestos exposure is linked to his career. The plaintiff, Michael Wagner, sued several defendants, including North American Honda Motor Co., Inc. He claims Honda is to blame for his mesothelioma diagnosis. Wagner believes Honda knew of the dangers of its asbestos-based auto parts but failed to warn users.
• October 2024: A federal judge in Houston will decide on Johnson & Johnson’s $8.2 billion settlement offer in January 2025. The offer includes plans for J&J’s third attempt at filing for bankruptcy. In September 2024, Red River Talc LLC, a J&J subsidiary, filed a “voluntary prepackaged Chapter 11 bankruptcy case.” If approved, the deal would end thousands of cancer lawsuits linked to J&J’s baby powder.
• September 2024: Plaintiffs have dropped a lawsuit against BNSF Railway and Zurich American Insurance. The lawsuit was about their handling of asbestos-related injury claims. The estates of two people filed the suit in August 2024. They allegedly died from asbestos exposure at a rail yard in Libby, Montana, owned by BNSF. The lawsuit claimed that BNSF assumed insurer duties by “buying back” several policies. It alleged that Zurich breached contracts by not covering the claims.
• August 2024: Johnson & Johnson secured enough support to move forward with its proposed $6.475 billion talc mesothelioma and lung cancer settlement. At least 75% of claimants voted for the proposal. It gives J&J another path toward a third attempt at receiving bankruptcy protection for these types of claims.

Mesothelioma settlements and verdicts are two forms of compensation awarded in mesothelioma lawsuits. Patients diagnosed with mesothelioma and their loved ones may be eligible to file an asbestos claim. Though different, both benefit patients and families coping with mesothelioma.

Common Questions About Mesothelioma Settlements

What is the average asbestos settlement amount?

Mealey’s latest findings show that asbestos claims settle for $1 million to $2 million. The average verdict amounts are between $5 million and $11.4 million.

Compensation in a mesothelioma wrongful death settlement may go to the deceased person’s estate. The distribution to surviving family members depends on the unique circumstances of each case.

Are mesothelioma settlements taxable income?

In general, mesothelioma settlement payouts are not taxable. Financial compensation you receive for lost wages and emotional distress may be taxable.

An experienced mesothelioma law firm can explain how your settlement may be taxed. The Tax Cuts and Jobs Act of 2017 expanded the amount of settlement money that may be taxable.

How much does an attorney cost?

Most mesothelioma attorneys work on a contingency fee basis. This means your attorney will take a percentage of any award or settlement. You will owe no attorney fees if you don’t get compensation for your mesothelioma injuries. You agree on the specific terms with your lawyer at the beginning of the case.

How are mesothelioma settlements paid out?

Mesothelioma settlements are often paid out in two primary ways: a lump sum and a structured settlement. A lump sum is a one-time, full payment. It provides fast financial assistance for patients and their families. A structured settlement pays you over a set period. It gives you a steady income and more financial stability.

These payment options have different benefits and drawbacks. Choosing which one is right for your family depends on personal circumstances.

How long does it take to receive a mesothelioma settlement check?

The time frame to receive money from a mesothelioma settlement varies for each case. After a mesothelioma settlement is reached, it can take anywhere from a few months to more than a year for you to start receiving settlement checks. You may choose to receive your money in installments rather than in one lump sum. You should discuss with your mesothelioma attorney how you want your payments distributed.

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