
Mesothelioma is a rare type of aggressive cancer in the mesothelium, the thin tissue covering the internal organs, caused by exposure to asbestos. When you or a loved one are facing the challenges of a mesothelioma diagnosis, life can feel overwhelming. The medical bills, the lost income and the uncertainty about what lies ahead can be a heavy burden.
A mesothelioma lawsuit settlement can help you recover compensation for these losses and hold the negligent people responsible. However, it’s important to recognize that this compensation is often the result of a determined legal battle—seeking justice, not just a settlement. Shrader & Associates, L.L.P. is experienced in guiding mesothelioma patients and their families through this complex legal procedure with compassion and skill.
What Is a Mesothelioma Settlement and How Is It Different from a Verdict?
A mesothelioma settlement can bring some relief during this difficult time by providing financial support without the need to endure a long and stressful court trial. A settlement happens when you and the company responsible for your asbestos exposure agree on a compensation amount. But this agreement is not reached easily. Many cases are hard-fought, with patients and their families pushing for justice. This agreement is often reached before the case ever goes to trial, which means families can receive the funds they need sooner. Settlements are designed to help cover the costs of treatment, replace lost wages, and provide financial support for you and your family—all without adding more stress to an already difficult situation.
Trials, on the other hand, can take months or even years to conclude. While jury verdicts sometimes result in larger compensation, they’re unpredictable and often come with risks. A judge or jury decides the outcome, and there’s no guarantee of success. The process can also be emotionally draining, something many families want to avoid when dealing with such a personal and painful issue.
For most people, a settlement feels like the better path—it’s faster, less stressful, and provides much-needed certainty during an uncertain time and it is the result of fighting for the compensation you deserve. It allows you to focus on what matters most: spending time with your loved ones and taking care of yourself.
How Much Do Mesothelioma Cases Pay on Average?
Mesothelioma settlement amounts can vary greatly case-by-case. Payouts typically average between $1 million and $20 million. A settlement usually pays between $1 million to $1.4 million, while a verdict at trial can be much higher. Those numbers, however, are contingent on a variety of factors, including the severity of the illness, the strength of the evidence, and the level of liability of the defendant.
Do People with Mesothelioma Have a Right to Compensation?
Yes, mesothelioma patients will usually qualify for compensation if they can prove asbestos exposure led to their illness as a result of negligence by an employer or manufacturer, or any other involved party. Any compensation recovered may help towards medical treatments, travel expenses, lost wages or other damages. If the patient has died, family members can also pursue compensation in wrongful death cases.
Who Can Be Compensated for Mesothelioma?
If you are diagnosed with mesothelioma or any other asbestos-related disease as a result of exposure in the workplace or environment you are entitled to mesothelioma compensation through a legal fight for justice. Workers in construction, manufacturing, the military or similar industries are particularly at risk. Family members who are secondarily exposed to asbestos through activities like handling clothing may also be eligible for mesothelioma compensation.
Asbestos exposure has been linked to various cancers, including lung cancer. If you or a loved one has been diagnosed with any issues following asbestos exposure, it’s important to choose the right mesothelioma firm to explore potential compensation options.
A Mesothelioma Settlement Beneficiary
A mesothelioma settlement is generally paid to the patient or the patient’s estate. In cases where the patient has died, the compensation is commonly paid to the surviving members of their family, e.g., spouse, children, or other dependents, per the laws of a state. This compensation is the result of a process that ensures that justice is served, often involving substantial legal action to get the responsible parties to pay for their role in the exposure.
How Is Compensation for Mesothelioma Determined and What Factors Are Considered?
Mesothelioma settlement amounts vary, and several factors determine the amounts. The following are some of the factors that calculate mesothelioma settlement amounts:
- Medical Expenses: Ongoing and future treatment costs, including surgery, chemotherapy, and palliative care.
- Lost Income: To cover the wages that are lost from getting sick and not being able to work going forward.
- Pain and Suffering: Non-economic compensation for the physical and emotional pain and suffering resulting from the illness.
- Liability: How negligent the defendant was regarding a high lack of employee safety.
The final amount of compensation will also depend on the facts of your case, including if there are multiple defendants involved and whether your legal team settles with an asbestos trust fund before going to trial. Other things to consider include the plaintiff’s age and general health and the severity of the disease.
How Long Does It Take to Receive a Mesothelioma Settlement?
The average timeline is around 12-18 months. The duration is affected by factors including:
- the complexity of the case
- the number of defendants involved
- the willingness of the defendant to settle
Sometimes, there may be multiple rounds of settlement offers before it is accepted, which can also impact the timeframe. Claims against a trust fund are generally processed faster than lawsuits and may provide a quicker route to compensation.
How Long Does It Take to File a Mesothelioma Lawsuit?
It’s important to note that while the filing itself may take only a few weeks, the entire litigation process—from filing the lawsuit to reaching a settlement or verdict—can take longer. The lifetime of a mesothelioma lawsuit ranges from several months to a few years to completely resolve. Cases that go to trial tend to be longer and could get even longer if appeals are filed. But pretrial settlements pay victims much sooner than that, so they have more time to spare.
Are Mesothelioma Settlements Subject to Income Tax?
Under federal law, compensation for physical injuries or illnesses is generally not taxable, including mesothelioma settlements. The portion of the settlement meant for lost wages or penalties (money intended as punishment for the defendant’s actions) could be taxable. It is best to consult a legal or tax professional who can explain your individual scenario.
Do I Need to File a Mesothelioma Lawsuit to Obtain a Settlement?
No, you don’t always need to file a mesothelioma lawsuit in order to receive a settlement. Many mesothelioma cases are settled before going to trial through negotiations with the responsible party or their insurance company. In some cases as mentioned before, patients can also seek compensation by filing a claim with an asbestos trust fund, which doesn’t require a lawsuit.
If a fair settlement can’t be reached through these methods, a lawsuit might be necessary. However, the goal is to secure compensation as efficiently as possible—either through negotiation or legal action.
Let Shrader & Associates L.L.P. Help
At Shrader & Associates, L.L.P., we understand the unique challenges that mesothelioma patients and their families face. Our team has the experience and commitment to pursue a hard-fought legal battle to secure the compensation you deserve. We are committed to providing specialized, compassionate care to support you every step of the way, with years of experience handling asbestos litigation.
For more information, you can contact us for a free consultation if you have received a diagnosis of mesothelioma or a loved one has.