Mesothelioma Compensation

Average Mesothelioma Compensation Amounts

Average mesothelioma compensation amounts vary, but most settlements range from $1 million to $2 million. The average trial verdict is $20.7 million, based on 2024 Mealey’s Litigation Report data. Every case is different, so compensation can differ significantly.

Our research shows that between 2021 and 2022, the average mesothelioma trial verdict was $10.6 million. Between 2018 and 2020, the average spiked to $53 million, mainly because of a single multibillion-dollar talc verdict against Johnson & Johnson.

When a mesothelioma claim goes to trial, the parties may reach a settlement or a jury may decide the compensation amount. Most cases settle before trial.

Mesothelioma compensation helps cover medical bills, lost wages, travel expenses and other losses. This support provides families with financial security when a loved one can no longer work.

Types of Mesothelioma Compensation

People diagnosed with mesothelioma and their families can pursue compensation through several types of claims. People may be able to file more than one type of claim depending on the defendants involved and the details of their case. An experienced asbestos attorney can assess the best course of action for you.

Types of Compensation:

• Asbestos Trust Funds
• Mesothelioma Trial Verdicts
• Mesothelioma Settlements
• VA Benefits

Veterans with mesothelioma may also qualify for monthly tax-free VA benefits, which can provide significant financial support. Each case is different, so an experienced lawyer can help you choose the best path to maximize compensation for you and your family.

Experience From a Mesothelioma Survivor

I asked my Patient Advocate, Missy Miller at The Mesothelioma Center, for law firm recommendations to help me afford treatment expenses. It was the best decision ever. It ended up being about more than just compensation. Let’s make these responsible entities accountable.

Kim Madril, pleural mesothelioma survivor

Asbestos Trust Funds

Many asbestos companies facing mounting asbestos lawsuits filed for bankruptcy, and in that process were required to set up asbestos trust funds. The companies put funds into the trusts  to compensate people exposed to their asbestos products and who then developed asbestos-related diseases like mesothelioma.

Asbestos trust fund claims usually allow people to receive payouts than mesothelioma lawsuits because they don’t go through the court system. Most people who file a trust fund claim receive compensation within a few months, which can help families get financial support sooner. 

Mesothelioma attorney Jim Kramer tells us litigation may not be possible or the best option depending on the circumstances of an individual case. He noted, “This is why asbestos trust funds are often a very good option.”

Mesothelioma Lawsuits

Mesothelioma compensation from lawsuits can include economic damages, such as medical bills and lost wages, as well as noneconomic damages such as pain, suffering and loss of companionship. Lawsuits involve a detailed legal process, including filing a claim, exchanging evidence and negotiating with the companies responsible for asbestos exposure.

While most cases settle before reaching court, some proceed to trial if a fair agreement isn’t reached. Throughout this process, an experienced attorney manages the legal complexities and works to secure the compensation your family deserves.

Mesothelioma Settlements

A settlement is when a defendant pays a plaintiff to dismiss the lawsuit. Many mesothelioma lawsuits settle before trial. Several factors affect whether your lawsuit settles. 

Some defendants decide that settling a claim is cheaper than incurring more legal fees. Other defendants are willing to risk a trial because they can negotiate an asbestos settlement at any point.

A qualified asbestos law firm will negotiate settlements on your behalf. They’ll advise you about whether to take the compensation or pursue a court trial.

Perspective From a Mesothelioma Lawyer

Because settlements provide compensation faster than lawsuits, they may be a more immediate solution to pay expenses. I’ve seen verdicts typically result in higher amounts of total compensation, but the majority of lawsuits are settled before trial.

Joe Lahav, lawyer and Asbestos.com legal advisor

Who Is Eligible for Mesothelioma Compensation?

People diagnosed with mesothelioma can file legal claims for compensation. Surviving family members may also have the right to file claims related to their loved one’s diagnosis or death.

An estate representative often files a wrongful death lawsuit on behalf of the estate. They may also file an asbestos trust fund claim if a defendant has established on to pursue compensation for the deceased.

Eligible Surviving Family Members Can Include

• Children or dependents
• Estate representatives
• Siblings
• Spouse

An experienced asbestos attorney will assess your eligibility and the best type of claim to help you get mesothelioma compensation. Your lawyer will help you gather evidence of asbestos exposure and tie it to your or your loved one’s mesothelioma diagnosis. 

Facing medical expenses and loss of income when she had to leave her nursing career early, survivor Kim Madril pursued financial help through mesothelioma compensation. Kim tells us, “I couldn’t work during treatment and recovery. And the surgical bill, anesthesia and hospital stay for one week with surgery was $160,000. Radiation treatment was $30,000, I think.” The compensation she received helped reduce financial stress, giving her the chance to focus on getting better.

How to File for Mesothelioma Compensation

You can work with a top attorney to file for mesothelioma compensation. They will manage the legal process for you and guide you every step of the way.

The right attorney will help you understand all your options for filing a mesothelioma claim. They’ll prove your history of asbestos exposure, track your expenses and ensure your claim is filed within the time limit to file, called the statute of limitations.

Mesothelioma Compensation Process

Your legal team will manage the process if you accept a defendant’s settlement offer. Both sides will report the settlement agreement to the court, which will issue an order of settlement. The defense will prepare a document called the release. Once agreed upon, your lawyer will send it to you to sign and have notarized.

Steps to Filing for Compensation

1. Get an attorney: Speak with an asbestos law firm to find out what you could receive and the statute of limitations. They can help determine what’s best for you and your family.
2. Discovery period: Your attorney will discover the facts about your asbestos exposure. This process generally focuses on the places and products that led to your exposure.
3. Weigh your options: Consider all options for compensation. Your attorney will review your eligibility for trust funds and lawsuits.
4. Accept or reject settlement offers: If you file a lawsuit, you may have to consider offers to settle. Your attorney will counsel you on resolving your claim or proceeding to trial.

An experienced mesothelioma lawyer will work to maximize your compensation but won’t promise a specific amount. Compensation can cover costs insurance often doesn’t, like transportation, home health aides and complementary therapies. The amount you receive depends on several factors such as the complexity of your case and your attorney’s track record with mesothelioma claims.

VA Claims and Other Types of Financial Assistance

In addition to compensation from a mesothelioma claim, you and your family can take advantage of other financial assistance. These programs help cover ongoing expenses and provide monthly benefits for people with mesothelioma and related diseases.

Types of Financial Assistance

• Community Assistance: Local organizations may provide grants to help patients and their families with transportation, lodging, food and other out-of-pocket costs that arise during treatment. Contact your local chapter of the American Cancer Society or another cancer support group for more information.
• Long-Term Disability Insurance: If you have long-term disability insurance, you may be able to receive a percentage of your salary. You must submit paperwork from your doctor verifying your disability.
• Medicare and Medicaid: These programs offer health care benefits for those meeting age, disability and income requirements. People on Medicare can pay an average of $8,000 annually.
• Private Health Insurance: Health insurance can help offset your expenses. If you already have insurance, review your out-of-pocket deductible and copay amounts and any coverage limits.
• Social Security Disability Payments: If you cannot work because of your illness and are still eligible, you can apply for Social Security Disability Benefits. The Social Security Compassionate Allowances program allows mesothelioma patients to apply for benefits under a fast-track process.
• VA Claims: Veterans have a right to file a VA claim seeking compensation for any illnesses resulting from their military service. A veteran diagnosed with mesothelioma and 100% disability could get more than $3,877 monthly.

These programs are designed to help those with severe illnesses and their families. Some can provide mesothelioma financial assistance in just a few weeks or months, and specific programs provide ongoing monthly compensation.

Mesothelioma Compensation for Veterans

Many people who served in the U.S. armed forces were exposed to asbestos. Veterans who develop mesothelioma or other asbestos-related diseases and their families may be eligible for disability compensation or VA benefits through the Department of Veterans Affairs.

VA-accredited claims agents often recommend that veterans file a VA claim at the same time they file a legal claim. Waiting to file these claims separately will only cause delays. The compensation received from one generally won’t impact the other, which means you’ll receive payment quicker if you also file this type of claim.

Common Questions About Mesothelioma Compensation

Is compensation available for asbestos exposure?

Compensation is available for people who have been exposed to asbestos and have been diagnosed with mesothelioma, as well as spouses, children, and heirs through litigation in the courts and by filing claims with the asbestos trusts.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What types of compensation can family members receive?

If your loved one has mesothelioma or another asbestos-related disease, you may qualify for different types of compensation. You can file a personal injury or wrongful death claim to help pay for medical bills, funeral costs, lost income and emotional loss. 

If your loved one was a veteran, a surviving spouse or dependent child may also get VA benefits. You can also apply to asbestos trust funds if your family member was exposed to asbestos. Private insurance and government programs like Medicaid and Medicare may help cover treatment costs, too.

How long will it take to get compensation?

The time it takes to receive compensation for a case filed in the courts depends on the jurisdiction in which the case is filed, but hopefully, it will be within a year of filing. As for a claim filed with the asbestos trusts, you may receive compensation within three months of filing a claim.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

How can I apply for asbestos compensation?

It is best to hire an attorney specializing in asbestos litigation and allow them to pursue litigation against the asbestos companies and file claims against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

How do I find an attorney who specializes in asbestos cases?

Researching and finding a national firm specializing in asbestos litigation is best. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What expenses can mesothelioma compensation help cover?

Mesothelioma compensation can help patients and their family members cover a wide range of expenses related to treatment, legal fees and the impact of the disease. These may include:

• Medical expenses
• Lost wages and loss of future earning capacity
• Funeral and burial costs
• Loss of consortium
• Pain and suffering
• Travel costs for treatment
• Caregiving expenses, including in-home or long-term care
• Legal fees associated with filing claims or lawsuits
• Mental health support
• Household expenses and modifications

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