Average Settlement for Mesothelioma Lawsuits

Mesothelioma is a rare and aggressive form of cancer that develops in the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, a fibrous mineral commonly used in the construction and manufacturing industries before its health hazards were widely known.

For those who have been diagnosed with mesothelioma, seeking legal compensation for their suffering and medical expenses is often necessary. However, the average settlement for mesothelioma lawsuits varies depending on several factors.

In this article, we will discuss the factors that affect mesothelioma settlements and provide an overview of the average settlement amount based on recent case outcomes.

Factors that Affect Mesothelioma Settlements

The following are the primary factors that impact the settlement amount in a mesothelioma case:

The severity of Illness: The severity of a plaintiff's mesothelioma diagnosis plays a significant role in determining the settlement amount. A plaintiff with advanced-stage mesothelioma and a limited life expectancy will typically receive a higher settlement amount than a plaintiff with early-stage mesothelioma.

Exposure History: The amount and duration of asbestos exposure are critical factors in determining the settlement amount. Plaintiffs who were exposed to asbestos for an extended period or at higher concentrations are likely to receive higher settlements.

Defendant's Liability: The liability of the defendant is a significant factor in determining the settlement amount. If the defendant is found to be solely responsible for the plaintiff's asbestos exposure, the settlement amount is likely to be higher.

Strength of Evidence: The strength of the evidence supporting the plaintiff's case is also a critical factor in determining the settlement amount. If the plaintiff can provide strong evidence linking the defendant's actions to their mesothelioma diagnosis, they are likely to receive a higher settlement.

Average Mesothelioma Settlement Amounts

According to a report by Mealey's Litigation Report, the average mesothelioma settlement amount in 2020 was $1.4 million. However, this amount can vary widely based on the factors mentioned above.

For example, a mesothelioma case involving a plaintiff with a long exposure history and advanced-stage mesothelioma may result in a settlement amount of $2 million or more. In contrast, a case involving a plaintiff with early-stage mesothelioma and less asbestos exposure may result in a settlement amount of $500,000 or less.

It is important to note that these settlement amounts are not set in stone and can vary based on the unique circumstances of each case. Additionally, some cases may go to trial, resulting in a higher or lower verdict amount than the settlement amount offered.

Legal Citations

If you or a loved one has been diagnosed with mesothelioma and believe it may be due to asbestos exposure, it is essential to seek legal representation. Mesothelioma lawsuits fall under the category of personal injury lawsuits and are subject to state laws.

To file a mesothelioma lawsuit, you will need to provide evidence linking your illness to asbestos exposure and identify the parties responsible for your exposure. The following are some relevant legal citations that may be useful in a mesothelioma lawsuit:

Asbestos Hazard Emergency Response Act (AHERA) - 15 U.S.C. §2641 et seq.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - 42 U.S.C. §9601 et seq.

Federal Employers Liability Act (FELA) - 45 U.S.C. §51 et seq.

Occupational Safety and Health Administration (OSHA) regulations - 29 C.F.R. §1910.1001 et seq.

In conclusion, mesothelioma settlements can vary widely depending on several factors, including the severity of the last sentence.

In conclusion, mesothelioma settlements can vary widely depending on several factors, including the severity of the illness, exposure history, defendant's liability, and strength of evidence. While the average settlement amount for mesothelioma lawsuits is $1.4 million, this amount is not set in stone and can vary based on the unique circumstances of each case. If you or a loved one has been diagnosed with mesothelioma, it is essential to seek legal representation and understand your legal options under state laws and relevant legal citations such as AHERA, CERCLA, FELA, and OSHA regulations. A qualified mesothelioma lawyer can help you navigate the legal process and fight for the compensation you deserve.

The above is only general information and does not replace legal advice which is usually necessary before taking legal proceedings.