Here are 10 other publicized settlements in mesothelioma cases:
Settlement Process
Settlement Process
A Pearl Harbor shipyard worker who developed mesothelioma from asbestos exposure received a $9.8 million settlement.
A construction worker who died in his 40's from asbestos exposure received a $9.1 million settlement.
A Navy veteran who developed mesothelioma received a $5.8 million settlement.
A 72-year-old Navy veteran received a $4 million settlement after being diagnosed with mesothelioma.
A retired New York boilermaker received a $3,797,083 settlement after forming lung cancer from asbestos exposure.
A building maintenance worker received a $2 million settlement after developing mesothelioma.
A Navy submarine worker who developed mesothelioma received a $1.7 million settlement.
The widow of a Navy veteran who developed mesothelioma received a $1.3 million settlement.
A New Jersey construction worker received a $2.1 million settlement after dying of mesothelioma.
A Navy veteran received settlements totaling $461,000 after developing asbestos-related lung cancer.
Author: Tim Povtak
Tim Povtak is an award-winning writer with more than 30 years of reporting national and international news. His most recent experience is in researching and writing about asbestos litigation issues and asbestos-related conditions like mesothelioma.
Factors That Affect Settlement Amounts
Anyone considering filing an asbestos-related lawsuit should understand what affects any settlement amount. Certain factors are more relevant than others as the defendant decides whether a settlement is warranted.
Aspects of a case that influence a settlement amount range from personal hardships to third-party liability. If evidence clearly shows that asbestos exposure negatively affected your life, in addition to having other documentation in order, you will have a better chance of a higher settlement.
Medical Expenses and Lost Wages
As most mesothelioma patients deal with the hardships of cancer, they also undergo financial difficulties as the costs of medical expenses like treatment, doctor visits and medicines mount. Furthermore, because patients need to focus on treating their disease, they may be unable to working, causing a loss of wages and other income.
Medical expenses and lost wages from asbestos exposure typically add to settlement totals. Depending on the financial hole that a patient is in with medical expenses and bills, a settlement may be viewed as the best option for them because trials may take long periods of time to conclude.
Company Negligence
During the late 1900s, research showed a definitive link between asbestos exposure and the development of diseases like mesothelioma. Companies that produced asbestos-containing products eventually become aware of the dangers that their products posed to consumers and employees.
In cases where the manufacturer knowingly allowed asbestos-containing products to harm people, the potential financial liability may be enormous. Settling with plaintiffs may be the best way to minimize expenses as some historic cases have warranted awards in the tens of millions of dollars.
Number of Companies Being Sued
During a patient's history, he or she may have been exposed to asbestos through more than one product. As a result, during litigation, claims are often filed against multiple companies who manufacture asbestos-containing products. Most claims now involve between 20 and 30 different defendants. In the event of a settlement, all defendants will be required to participate in the payment to the mesothelioma patient.
State of Case
Proving liability, negligence and wrongdoing on the part of a defendant may or may not be easy, depending on where the claim is filed and how exposure occurred. As litigation revolving asbestos-related claims have filled the court system, some states have actively changed the way this process works in their state.
Different amounts of evidence and proof will be required in different states. If you are considering filing an asbestos-related lawsuit, consider researching the trends and requirements in your state so that you understand what will be expected of you.
Case Matrix
The totality of factors that determine settlement amounts is already well understood by trust funds established by companies that manufacture asbestos-containing products. The factors have been calculated and weighed based on importance, forming an equation-like matrix that these trusts funds will use to determine settlement amounts. Some factors include the patient's age, specifics of the cancer diagnosis, level of asbestos exposure, and past health records.
Depending on the criteria of the case, there will be a settlement amount assigned to that plaintiff. This means that settlement amounts are predetermined based on qualifying factors. For example, a mesothelioma patient who smoked and worked as a boilermaker for 10 years may receive one settlement amount while a mesothelioma patient who worked as painter, who didn't smoke or have prior health issues, will receive another settlement amount. Each factor of each situation will be assigned values and will be calculated accordingly.
At the end of the day, no settlement amount will return health to a mesothelioma patient. Legal action simply provides compensation to the patient for damages while financially punishing the company or companies that are responsible.
Attorney Fees
Keep in mind that your attorney will receive a percentage of any award or settlement. The percentage can vary if you negotiate a settlement rather than win in court. When determining the minimum acceptable amount of a settlement, be sure to account for the percentage your attorney will receive. These percentages will be determined at the beginning of your case, and your attorney usually will not take any money until the case is finalized and you have received compensation.
You will likely receive your compensation in installments rather than in one lump sum, especially if the settlement is very large. Exactly how you want your payments is something you should discuss with your attorney during the settlement process.
What To Do Next?
If you or someone you know is a mesothelioma patient who is considering taking legal action, ensure that you take the necessary steps to position your case for the best chance of success. Contact the right legal professionals, have the right documentation and take all the proper action. It may make the difference from you receiving a modest settlement or a historic one.
To receive free guidance on your legal options, contact the Mesothelioma Center by calling(800) 615-2270 or completing the form on this page. You will be able to speak with a Patient Advocate who will be dedicated to getting you the assistance you need.
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