The value of settlements for mesothelioma mass tort varies widely. They are dependent on many factors, including the strength of the evidence and the case presented by the claimant and their legal team. This type of settlement or court award can compensate the claimant for:
- Their medical care and related costs
- Expenses paid out of pocket
- Pain and suffering damages
- Lost wages and reduced earning capacity
Some people prefer to take their case to court. The award granted by the courts in mesothelioma lawsuits is sometimes seven figures. Most settlements reached from trust funds outside of the legal system are significantly less.
There Is Little Oversight Monitoring the Amount of Mesothelioma Settlements
Because of the vast number of companies and the number of claimants involved, there is little accounting available to show the full range or average settlement value in a mesothelioma case. The most complete and recent study available comes from research conducted into many of the largest asbestos companies in 2007 and 2008.
The Rand Corporation shows that the average mesothelioma settlement was around $180,000 in 2008. The scheduled cases at the time allowed for settlements to vary between $7,000 and $1.2 million. Mesothelioma generally offers a higher settlement value than other types of asbestos-related cancers. These types of conditions only averaged $34,100 in 2008.
Building a Case for a Mesothelioma Settlement or Award
If you are planning to pursue compensation in a mesothelioma case or a claim based on another type of asbestos-related cancer, you will have to gather evidence and build a strong case to prove your exposure, your diagnosis, and a link between the two. Many people choose to work closely with an attorney who regularly handles this type of case. Navigating the legal process can be complex.
To build a compelling case, you will need to first:
- Obtain copies of your medical records and other documents to prove your diagnosis.
- Determine when and where you encountered asbestos and document your exposure to asbestos, which, according to the National Cancer Institute, is a known carcinogen.
- Identify the company or companies responsible for your condition.
- Uncover the statute of limitations and other time limits that apply in your state.
- Take legal action to pursue compensation before time runs out.
No matter if you plan to file a claim for a settlement, pursue a lawsuit in court, or both, you will need to have the evidence necessary to prove your case and receive a mesothelioma settlement. This includes:
- Your employment history and related records
- Relevant medical documents
- Medical experts or industry experts who can testify on your behalf
- Bills, receipts, and other documentation of your related expenses and losses
A legal professional can provide you with more information on what evidence you may need to support your claim as you pursue a mesothelioma settlement.
For a free legal consultation, call (800) 794-0444
Asbestos Trust Funds Offer One Way to Recover a Settlement
Today, the asbestos mass tort continues, yet it is very different than it was when the lawsuits began 32 years ago. Today, most of the asbestos companies are long gone. The first major asbestos company filed for bankruptcy in 1988, and dozens more have followed suit over the last three decades.
However, the bankruptcy courts recognized that there would continue to be thousands of future claimants since it can take several decades for symptoms of mesothelioma to appear.
To this end, they required the companies to establish asbestos trust funds. If you can prove your case, you may be eligible to file a claim and pursue a legal award from one of these trust funds.
Trust Funds May Not Offer Full Compensation
Some of these trust funds now cover only a fraction of a claimant’s full loss in the average mesothelioma settlement they pay out. This is because they ration the remaining funds to ensure they can compensate all future victims. Currently, there are billions of dollars shared among these asbestos trust funds.
Talk to a Mesothelioma Mass Tort Attorney About Your Case
Pintas & Mullins Law Firm knows how the asbestos trust funds operate and how to pursue a settlement from them. We will not shy away from a tough case but will offer our honest opinion on the strength of your claim. We believe that the companies responsible for your exposure should pay for your expenses, not your family.
We work on a contingency-fee-basis. You pay nothing up front, and we only get paid when you do. You can reach a member of our team now by calling (800) 307-3113. We can review your case today.