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Mesothelioma Case Value

There are a variety of factors that must be considered when evaluating a case for a possible mesothelioma lawsuit. The process of how to value a potential case is not necessarily an easy process, but it is a necessary one and can be accomplished without too much strain on a patient or their family. Because the valuation of a case can be so complex, potential plaintiffs should get the opinion of an experienced mesothelioma attorney, someone who can explain the hows and whys of a case and what will be needed to get the case to the finish line..
Mesothelioma case values are determined in part by:

• The specific type of mesothelioma and at what stage it has been diagnosed
• The patient's work history and whether the patient is a veteran
• The patient's location, age and gender

In many instances, the value of a mesothelioma claim is black and white. A number of lawsuits are settled before trial and are then paid out of a special fund set aside to handle the financial load of these cases. To do that, the managers of most funds rely on a case valuation matrix that puts a dollar figure on each particular case.

To learn more about mesothelioma, other asbestos-related diseases and how those can turn into legal claims by patients, request The Mesothelioma Center's free informational packet. The care package examines a wide range of issues related to asbestos, mesothelioma and the law. Fill out this form to get your free packet mailed to you.

Determining the Value of a Case

Despite the existence of case valuation matrixes, there are many variables that go into the calculation, so a legal claim can never be calculated precisely in advance. On the other hand, a qualified attorney, after reviewing your case factors against a specific matrix (or a number of them) should be able to give you a range of expected case values. Those estimates should assist you in deciding whether to pursue a claim.

Personal, Work Factors to Consider

The first factor to consider is the seriousness of the patient's mesothelioma cancer. What stage is the cancer and what is the patient's prognosis are two questions that should be answered immediately. Anyone who is responsible for documenting someone's battle with mesothelioma should collect any relevant medical files and correspondence and provide the information to the patient’s attorney. A patient’s pain and suffering, his or her ability to continue working and supporting dependents and the cost of continued medical care will all contribute to the valuation.

Work history is another integral part of the case value. In order to pursue a legal claim, it is necessary to determine where the exposure occurred and whose asbestos-containing products were involved.  Mesothelioma typically strikes older men who worked mostly blue-collar jobs or who were exposed to asbestos while serving in one of the military branches. Those blue-collar jobs include mechanics, textile workers, shipyard workers, plumbers, roofers, insulation installers, drywall installers, plant workers and many others.

While less common, mesothelioma also affects a fair number of people with mostly white-collar backgrounds, such as teachers, lawyers and dentists. These unlikely exposure victims increase the complexity of the background investigation, and can usually separate the good mesothelioma attorneys from the less experienced.  Frequently, after a thorough investigation, the exposure can be traced back to a home or business renovation project or as a result of secondary exposure from a family member.

Gender Factors to Consider

Women also have been diagnosed with mesothelioma and other asbestos-related diseases, frequently as a result of second-hand exposure. In some cases the exposure was the result of something as innocent as washing clothes that were covered in asbestos dust.  Additionally, at its heyday asbestos was used throughout the house and workplace, everything from artificial snow to dental molds to wallpaper, and exposure could have occurred form incidental contact with any of these products.

Case Valuation Matrix

Almost every trust fund set up to settle asbestos claims uses a case valuation matrix. The matrix is a legal document that assigns base dollar figures to cancer types and then recalculates that base amount with additional information. For example, the matrix will assign one baseline dollar amount for mesothelioma, one for lung cancer and so on. Those dollar amounts can vary by state or region because exposure levels are set by location. The baseline dollar figure can be as low as several thousand dollars to as high as several hundred thousand dollars.

Once a baseline number is established for a claim, multipliers can kick in. Common multipliers include those for:

• A patient's age
• Whether the patient worked at a high- or low-exposure job site.
• How much, if at all, a patient smoked.
• The exact cancer diagnosis

Many case valuation matrixes have a number of other adjustments built in, for medical and funeral expenses, for whether a patient is already deceased and for the number of dependent children.

Remembering Your Exposure

No one is expected to remember everything about their own work, medical, life and exposure history. It's simply too much information and the time between exposure and diagnosis is too long. Do not be discouraged if you cannot remember or identify where you were exposed. That's why the single most beneficial action you can take if you are considering an asbestos-related claim is to speak with a qualified attorney. They have resources other attorneys do not have, and those resources can help your case significantly.

For instance, many mesothelioma attorneys have product identification books that feature pictures of asbestos containing products as well as pictures of packaging from those products. You don't remember what kind of brakes you worked on as an auto mechanic? Did they come in a box that looked like this? Those kinds of images can help jog someone's memory, long since forgotten. Specific knowledge of exposure to specific products or brands can significantly raise the value of a case.

Even if you don't remember all of your employment history, your attorney can find it for you. Employment records are accessible through the federal government, with your approval. Likewise, a good lawyer will know to dig through your medical records (with your permission, of course) and to establish certain facts about you, your work history and your life history. All of these factors are important in establishing how and where you were exposed.  Attorneys may also be able to identify and locate coworkers, friends, shipmates or other witnesses who can help identify or corroborate your exposure history.

An attorney who is experienced at mesothelioma cases should also be able to compare how your case stacks up to other cases they have handled.. Case histories can be a good indicator of what can be expected in your case process including any settlement talks or as you look toward a jury verdict.

If you know that you have a history of any of the following, you should talk to a mesothelioma lawyer:

• A diagnosis of asbestosis or mesothelioma: These diseases are directly related to asbestos exposure. A diagnosis of either of these diseases is almost always an indicator that you have been exposed to asbestos.
• Workplace exposure to asbestos: Because asbestos was commonly used for so many years, it can be difficult to determine when you were exposed to asbestos. However, many occupations — including shipbuilding, construction work and electrical work — bear a history of asbestos exposure in the workplace.  If you worked in any of these occupations, it may be easier to trace your asbestos exposure.
• Medical and other expenses from asbestos-related illness: If you have been diagnosed with an asbestos-related illness, you likely have incurred or will incur substantial expenses. These can include medical expenses, costs of modifications to your home for health reasons, or in-home caregiver expenses. All of these expenses can add up quickly and should be taken into consideration when you are deciding whether to enter into a lawsuit. You may be able to obtain financial assistance through a mesothelioma lawsuit.

Deciding whether to file a lawsuit is an important decision in any situation, especially if you are coping with a serious illness. Experienced attorneys can ease the burden on you and your family. Having the support, experience and know-how of a mesothelioma attorney on your side can make a huge difference.

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