Why Time Is Critical in Asbestos Lawsuits
- Mesothelioma has a poor prognosis, with many patients living only 12–24 months after diagnosis.
- Laws in most states allow for fast-tracked cases to ensure victims see justice in their lifetime.
- Families can also continue the lawsuit through wrongful death claims if the victim passes away.
📌 Next Section (Part 3): Compensation & Settlements in Mesothelioma Lawsuits – Average Payouts, Trust Funds, and Factors That Influence Compensation
Compensation & Settlements in Mesothelioma Lawsuits
Mesothelioma lawsuits are among the highest-value cases in the legal system, often leading to multi-million-dollar settlements and verdicts. This is because asbestos exposure usually results from corporate negligence and causes devastating, incurable illness. Let’s explore how compensation works.
1. Average Mesothelioma Settlement Amounts
- Individual settlements: Typically range between $1 million and $2.4 million.
- Jury verdicts: Can exceed $10 million if corporate misconduct is proven.
- Wrongful death claims: Families often receive $1 million+ in compensation.
⚖️ Example: A California jury awarded $52 million to a mesothelioma victim exposed to asbestos in construction materials.
2. Factors That Influence Compensation
a. Medical Costs
Mesothelioma treatment is expensive—surgeries, chemotherapy, immunotherapy, and palliative care. Settlements include all past and future medical expenses.
b. Lost Wages and Earning Capacity
Victims often must stop working immediately after diagnosis. Compensation covers both lost wages and reduced earning potential.
c. Pain and Suffering
Mesothelioma causes intense physical pain and emotional trauma. Non-economic damages are a significant part of settlements.
d. Age of Victim
Younger victims may receive higher payouts due to longer expected loss of income and life expectancy.
e. Strength of Evidence
Detailed medical records, work history, and expert testimony can dramatically increase settlement amounts.
f. Punitive Damages
If companies knowingly exposed workers to asbestos without warning, courts may award punitive damages—sometimes doubling or tripling payouts.
3. Asbestos Trust Funds
Many companies that produced asbestos products filed for bankruptcy. Courts required them to establish asbestos trust funds to compensate victims.
- Over $30 billion is available in these trust funds.
- Victims can file claims in addition to lawsuits.
- Trust fund payouts are usually faster than trial verdicts.
👉 Example: Johns-Manville Corporation, once a major asbestos manufacturer, created a trust fund worth billions for victims.
4. Structured Settlements vs. Lump Sum Payments
- Lump Sum: Entire compensation paid at once.
- Structured Settlement: Payments spread over years, often ensuring long-term financial stability for families.
5. Why Settlements Are Often Preferred
- Speed: Trials can take years, while settlements are quicker.
- Certainty: Avoids unpredictable jury verdicts.
- Health considerations: Many mesothelioma patients prefer faster resolution due to limited life expectancy.
6. Compensation for Families (Wrongful Death Claims)
If the victim passes away before the lawsuit is resolved, families can continue the case. Damages may include:
- Funeral costs.
- Loss of companionship.
- Loss of household income and support.
📌 Next Section (Part 4): Choosing the Right Mesothelioma Lawyer, FAQs, and Final Conclusion.