01. Financial Compensation Amounts
Average Mesothelioma Compensation Amounts
Average mesothelioma payouts vary depending on the type of compensation pursued and other factors. The annual Mealey’s Litigation Report: Asbestos states average mesothelioma compensation amounts, including:
- Average mesothelioma lawsuit verdicts are about $2.4 million.
- Average mesothelioma settlement payouts range from $1 million to $1.4 million.
Asbestos trust fund payouts vary greatly. High-paying trusts may award $125,000 or more. Individuals may seek compensation from more than one trust.
Asbestos victims can discuss compensation options with mesothelioma lawyers. A lawyer can explain how the facts of a case may affect compensation. Together with their lawyers, victims can decide on strategies to pursue compensation that align with their goals.
Factors Affecting Mesothelioma Payouts
Several factors affect the amount of mesothelioma financial compensation awarded to asbestos victims. Things that may affect total mesothelioma compensation amounts include:
- Exposure history: A mesothelioma patient’s exposure history can affect compensation options.
- Filing location: Different jurisdictions may be more or less favorable to asbestos victims. A lawyer can determine the most favorable jurisdiction to file a legal action.
- Individual goals: A victim’s personal goals may affect compensation options. For example, a victim who wants compensation quickly may prefer settling instead of trying to get a higher payout from a trial verdict.
- Type of legal action: Different legal actions have different average payouts. Asbestos lawsuits generally result in more compensation than trust fund claims.
Lawyers can explain how these factors may affect individual cases. They can also help develop goals, research occupational histories and explain compensation types.
Financial Assistance to Help With Treatment
02. Types of Compensation
Types of Asbestos Exposure Compensation
There are several types of compensation for mesothelioma. A mesothelioma lawyer can help determine which compensation options you may be eligible for. Some asbestos victims may be eligible to seek compensation from multiple sources.
Asbestos Trust Funds
Trust fund claims may be an option for people who develop asbestos diseases like mesothelioma, lung cancer or asbestosis. Many bankrupt asbestos companies have trusts to handle current and future asbestos claims.
High-paying trusts may award $125,000 or more to eligible asbestos victims.
More than $30 billion has been set aside in trust funds to compensate asbestos victims. There are around 70 asbestos trusts.
Companies with a lot of asbestos liabilities often go into bankruptcy to manage costs and handle claims.
Trust funds make sure bankrupt companies continue to compensate the people they exposed to asbestos. These trusts have criteria that asbestos victims must meet to be eligible for payouts.
An asbestos attorney can help determine if a mesothelioma patient or family member can file one or more trust fund claims. This varies for each case.
A mesothelioma lawsuit is a legal action handled in the court system between an asbestos victim and asbestos companies. A lawsuit may end in settlement agreements between parties, or a verdict decided by a jury. Asbestos victims may file different types of lawsuits depending on the facts of their case, namely:
- Personal injury lawsuits: This type of lawsuit may be an option for people who receive a mesothelioma diagnosis.
- Wrongful death lawsuits: This type of lawsuit may be an option for family members after a loved one dies from mesothelioma.
According to KCIC’s Asbestos Litigation: 2022 Year in Review report, mesothelioma filings make up more than half of asbestos lawsuits. In 2022, mesothelioma patients and their family members filed almost 1,900 lawsuits.
People with asbestos-related diseases other than mesothelioma may also be able to file lawsuits. Lung cancer, ovarian cancer and other asbestos cancer victims have also received compensation. In total, 3,550 asbestos lawsuits were filed in 2022, including mesothelioma, lung cancer, other cancers and non-malignant tumors.
Mesothelioma Lawsuit Verdicts
A jury delivers a mesothelioma lawsuit verdict at the end of a trial. If the jury finds an asbestos company liable for a person’s diagnosis or death, they will decide how much compensation the company owes. A mesothelioma attorney can advise their client on the strength of their case and the likelihood of a favorable verdict.
Juries may base verdict award amounts on several considerations. For example, they may factor in medical expenses and lost wages due to inability to work. Juries may also award punitive damages to victims. This type of compensation is meant to punish asbestos companies for bad behavior.
A mesothelioma settlement is an agreement to end litigation against an asbestos company. Companies may offer compensation to settle a case before, during or after a trial.
Many mesothelioma lawsuits consist of a victim suing several companies. Each company can offer a settlement to end litigation against them. Accepting a settlement offer from one company does not end litigation against other companies named in the lawsuit.
An experienced mesothelioma attorney can negotiate settlements on behalf of their clients. It is then up to asbestos victims to choose whether to accept a settlement offer. If they do not accept, the case continues.
Other Types of Mesothelioma Compensation
Lawsuits and asbestos bankruptcy trust claims are just two ways of seeking compensation. Other types of mesothelioma claims and assistance programs may provide additional compensation. For example, eligible asbestos victims may receive veterans benefits or workers’ compensation.
A lawyer can help asbestos victims explore options for compensation in addition to lawsuits and trusts.
Workers’ Compensation Claims
Workers’ compensation is a type of insurance that covers costs of on-the-job injuries. People who develop an asbestos disease from an asbestos jobsite may be able to receive this type of benefit. Workers’ compensation benefits may include money for lost income and medical costs.
Workers’ compensation may be difficult for mesothelioma patients to secure. Mesothelioma’s long latency period means that people often develop the disease decades after exposure. Each state has their own workers’ compensation program with their own benefits. Nationwide asbestos law firms can help asbestos victims navigate and file this type of claim.
Veterans and family members may be eligible to file benefits claims with the U.S. Department of Veterans Affairs (VA). The VA has several programs to help veterans with mesothelioma. To qualify, veterans must have experienced asbestos exposure during military service. Asbestos use was common in the military during the 20th century.
A VA disability rate is a percentage representing how much a disability affects a person’s overall health.
The VA assigns a 100% disability rate to veterans with mesothelioma. The VA’s 2023 compensation rates entitled veterans with mesothelioma to more than $3,500 a month. Veterans with dependents are entitled to higher compensation.
Filing for VA benefits claims does not prevent asbestos victims from filing lawsuits or trust fund claims. Many asbestos filings have included people who spent time in the Army, Navy, Air Force or other military branch.
Other Financial Assistance
Individuals may supplement mesothelioma compensation with other forms of financial assistance. These programs may provide additional money to help pay medical bills, travel costs and other expenses. Other types of financial assistance include:
- Community assistance: Community organizations may offer grants to help pay for costs associated with treatment. Volunteer organizations may also be available to help with errands, transportation and more.
- Medicaid: Medicaid is a government program that provides health coverage to individuals in need. Eligible low-income adults and disabled people may be able to enroll in this program.
- Medicare: Medicare is a government program that provides health care to people 65 and older.
- Private health insurance: Private insurance may help cover mesothelioma treatment costs. Patients can review their insurance policy to determine potential coverage.
- Social Security Disability Insurance (SSDI): Eligible patients and family members may qualify for SSDI benefits. People who meet the program’s work requirements and pay Social Security taxes on their earnings can apply.
These other forms of financial assistance can help provide further support to asbestos victims. Getting assistance from these sources does not prevent a person from filing a lawsuit or mesothelioma claim.
Did You Know?
03. Payout Time Frames
How Long Do Mesothelioma Payouts Take?
The time it takes to receive mesothelioma payouts is different for each individual case. Verdict payouts may take several months to a year, and settlements may pay out quicker depending on when the case settles. Asbestos trust funds typically pay out within a few months. Filing soon after a mesothelioma diagnosis or death can help individuals receive compensation more quickly.
Mesothelioma lawyers can help set expectations for time frames for individual cases. They can explain how things like lawsuit type, party availability and the facts of a case can affect the time it takes to resolve a legal action.
How Is Asbestos Compensation Paid Out?
Asbestos lawsuit compensation is usually paid out in a lump sum or structured settlement. The money typically comes as a check or through a wire transfer. Payment plans for mesothelioma cases depend on the type of lawsuit or claim. Recipients may receive lump sums, monthly payments or other types of payments.
Compensation is generally provided without specifications on how to spend it. This helps asbestos victims cover costs as needed given their individual situations.
04. Who Is Eligible to File?
Who Is Eligible for Mesothelioma Compensation?
Eligible individuals can file lawsuits to seek mesothelioma compensation. Mesothelioma patients may file personal injury lawsuits. Families of deceased patients may file wrongful death lawsuits. Different claim types, such as trust fund claims, have their own eligibility requirements.
In general, to be eligible for compensation, asbestos victims must:
- File within any time frames, such as windows for filing lawsuits outlined in a state’s statutes of limitations
- Have evidence of asbestos exposure, often provided in the form of work history or military records
- Have medical documentation showing a diagnosis of an asbestos-related illness
Experienced mesothelioma lawyers can help asbestos victims determine eligibility. They can also help gather evidence and file within appropriate timelines.
Are Family Members Eligible for Compensation?
Family members may seek compensation for the death of a loved one from mesothelioma. For wrongful death lawsuits, this includes children, spouses and other close relatives or dependents. They may also be entitled to certain benefits, such as monthly VA claim payments or healthcare benefits.
Compensation from wrongful death lawsuits and other sources can help provide financial security. It can also help pay for outstanding medical costs.
Mesothelioma attorneys can help family members file asbestos claims after death. They have experience with asbestos cases and claims filed on behalf of mesothelioma patients’ families.
05. How to File for Compensation
How to File for Mesothelioma Compensation
Mesothelioma lawyers can file lawsuits and claims on behalf of asbestos victims. The lawsuit and claims processes vary based on the type of legal actions victims and their legal teams pursue. But the filing process to seek mesothelioma compensation follows a general series of steps.
- Connect With a Mesothelioma Lawyer
The first step for filing any mesothelioma claim is to consult an experienced lawyer. Top law firms usually offer an initial, free case review with no obligation to hire them. Mesothelioma attorneys at these firms have experience with different types of claims and can help get the maximum possible award.
- Research Details for Your Claim
Lawyers can research case details, such as how and when asbestos exposure occurred. It is also important for clients to provide attorneys with any medical or employment documents to prove these facts. Lawyers also have access to previous cases, asbestos product records and exposure reports to help with this stage.
- Determine Your Options
Lawyers will discuss compensation options and help choose the best strategy to achieve clients’ goals.
- File Your Claim
Once a case is prepared, a lawyer can file a lawsuit or claims on behalf of their client. After filing, next steps will vary based on the type of lawsuit or claims. For example, settlement offers may arrive after filing or during lawsuit hearings.
- Negotiate Your Award
After filing a claim or lawsuit, a lawyer can work the case on behalf of their client. For a lawsuit, a lawyer can negotiate settlement amounts and litigate at trial.
Expenses Considered When Determining Award Amount
Asbestos companies and juries consider many costs to determine the amount of compensation owed to an asbestos victim, including:
- Diagnostic costs, treatment costs and other healthcare expenses that may not be covered by insurance
- End-of-life costs
- Loss of companionship, care and guidance due to a mesothelioma diagnosis or death
- Loss of income and earning potential from an inability to work as a result of a mesothelioma diagnosis
- Punitive damages to punish a company for bad behavior
- Travel costs associated with finding a cancer center and mesothelioma specialist
06. Mesothelioma Compensation Myths
Myths About Mesothelioma Compensation
Asbestos victims may have concerns about hiring a law firm based on misconceptions about the legal process. This is understandable, as several myths surround mesothelioma cases and compensation. Learning more about asbestos litigation can correct misconceptions and allow victims to make more informed decisions.
Examples of myths surrounding asbestos litigation include:
- Myth: Hiring a mesothelioma lawyer is too expensive.
- Top mesothelioma law firms offer free consultations to review cases. A consultation does not come with an obligation to hire the firm. Once hired, lawyers at the firm usually work on a contingency fee basis. This means they do not receive payment unless their client receives compensation. Simply put, if your case is not successful, you do not pay.
- Myth: I cannot get compensation because I’m not sure how or when the asbestos exposure happened.
- Mesothelioma lawyers can help asbestos victims determine how they were exposed. They have the resources and experience to help make this determination. They can review clients’ work histories and military records to find out who may be responsible for their exposure.
- Myth: Mesothelioma lawsuits are stressful and take a long time.
- Mesothelioma law firms handle lawsuits and claims on behalf of their clients. This includes filing, negotiating settlements and arguing cases at trial. This leaves patients and families time to focus on treatment and time together. Most mesothelioma lawsuits settle before trial. Many clients receive compensation within a year of beginning legal action.
- Myth: Veterans filing mesothelioma lawsuits are suing the government.
- Veterans who pursue mesothelioma lawsuits are not filing against the government. Instead, they sue the asbestos companies who made the materials that led to exposure. Veterans should not feel they are being unpatriotic by seeking the justice they deserve.
Asbestos victims can discuss any other concerns with lawyers during free consultations. Experienced lawyers can answer any questions related to asbestos cases.
07. Common Questions
Common Questions About Mesothelioma Compensation
How do I apply for asbestos compensation?
- Asbestos victims may seek compensation from lawsuits, trust fund claims and other asbestos claims. A mesothelioma lawyer can handle the process of applying for compensation on behalf of their client. This process includes filing, negotiating settlement amounts and arguing cases at trial.
How long does it take to get an asbestos payout?
- The time it takes to receive an asbestos payout varies from case to case. Asbestos trust fund claims may pay out within months. Compensation from lawsuits may take longer, depending on the facts of the case. Most mesothelioma lawsuits settle, leading to earlier payment than if the case went to trial.
How much money will I get from an asbestos payout?
- Average asbestos compensation for mesothelioma settlements range from $1 million to $1.4 million. According to Mealey’s Litigation Report: Asbestos, the average lawsuit verdict is around $2.4 million. Trust fund payouts vary depending on the trust. High-paying trusts may award $125,000 or more.
Does everyone with mesothelioma get money?
- Asbestos attorneys have experience getting compensation for their clients. They can file lawsuits that may result in settlements or jury verdicts. They can also help find additional sources of money, like asbestos trust funds. Some of these sources provide compensation for anyone who meets their eligibility requirements.
How do I prove who caused my mesothelioma?
- Mesothelioma law firms know how to prove which companies exposed their clients to asbestos. Lawyers at these firms have the experience and resources to build strong cases. They can use their resources, clients’ work histories and other evidence to support their clients’ cases.
Do other asbestos cancers qualify for compensation?
- Patients with asbestos diseases other than mesothelioma may qualify for compensation. Patients with lung cancer, asbestosis and other asbestos diseases may also file lawsuits and claims. An asbestos attorney can help patients explore the best legal options based on an individual’s diagnosis.