Mesothelioma Compensation Amounts

The average asbestos lawsuit trial verdict is $10.6 million based on mesothelioma litigation data from 2021 and 2022 recently published in the 2023 Mealey’s Litigation Report, which is the latest available information.

However, Mealey’s also shows the average mesothelioma verdicts between 2018 and 2020 was $53 million, which is an anomaly in asbestos litigation. One example that skews those years is the multibillion-dollar talc verdict against Johnson & Johnson.

The average settlement ranges from $1 million to $2 million. Mesothelioma financial compensation differs for each case.

If a mesothelioma cancer claim goes to trial, the parties could reach a settlement, or a jury could determine the amount of compensation after finding the defendant liable for the asbestos exposure. Most cases settle before trial.

Mesothelioma Compensation Facts
The average mesothelioma trial, settlements and trust fund payouts.

If a loved one dies from mesothelioma, financial compensation may be available. Family members, spouses or dependents can file wrongful death lawsuits.

Mesothelioma financial compensation helps cover medical expenses, lost wages, travel costs and other losses. It provides financial security for families when a loved one can no longer work.

Types of Mesothelioma Compensation

Types of mesothelioma compensation include asbestos trust funds, trial verdicts and settlements.

Asbestos trust fund claims outnumber lawsuits because many asbestos companies have gone bankrupt. However, that does not mean those companies have escaped liability.

In bankruptcy cases, many asbestos companies set up trust funds. These trust funds have enough money to compensate future asbestos victims. They contain hundreds of millions to billions of dollars.

A top asbestos lawyer may suggest filing a trust fund claim and a lawsuit. This depends on which asbestos containing products are most relevant to your case.

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.

Asbestos Trust Funds

Some people develop mesothelioma after exposure to an asbestos product a now bankrupt company manufactured. In this case, your legal claim may go through the bankrupt company’s trust fund rather than the court system.

Asbestos trust fund claims generally process quicker than mesothelioma lawsuits. They don’t have to go through the court system. Claimants typically receive compensation within a couple of months.

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Asbestos Trust Funds

Mesothelioma Lawsuits

Mesothelioma personal injury lawsuits are often the best type of claims to file. Another option is filing a wrongful death claim when a person dies of mesothelioma. Surviving family members often represent the estate when filing this type of claim. 

If the defendants don’t settle and your case goes to trial, a court or jury will decide your case. The trial verdict will include monetary compensation if it finds the defendant liable. A mesothelioma attorney can walk you through the process and handle every legal detail.

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Mesothelioma Lawsuits

Mesothelioma Settlements

A settlement is when a defendant pays a plaintiff to dismiss the lawsuit. Many of these lawsuits settle before trial. 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.

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.

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Mesothelioma Settlements

Who Is Eligible for Mesothelioma Compensation?

Anyone diagnosed with mesothelioma after asbestos exposure can file a compensation claim. An experienced asbestos attorney will gauge the likely success of your case and statute of limitations or time limit to file.

You also may be eligible to receive compensation if you lost a loved one to mesothelioma. Family members, who also represent part of the deceased’s estate, may file a claim after the death of a loved one, also known as a wrongful death lawsuit. They may also file a mesothelioma trust fund claim.

Providing evidence of asbestos exposure and the mesothelioma diagnosis shows your eligibility for compensation. This is true whether filing an asbestos claim as a mesothelioma victim or as a relative of a loved one.

A top asbestos lawyer can review your case and tell you whether you can file a claim. They’ll also suggest the best claim to file, depending on the circumstances of your case. In some instances, surviving family members may be eligible to receive compensation through multiple legal options.

Survivor Story
Survivor Story
Kim Madril Pleural Mesothelioma

Survivor Seeks Financial Help Through Mesothelioma Compensation

Kim Madril shared, “I couldn’t work during treatment and recovery, and the surgical bill, anesthesia and hospital stay alone for one week with surgery was $160,000. Radiation treatment was $30,000, I think.” After talking to her thoracic surgeon, Kim pursued financial help via compensation. She said it helped eliminate some stress and allowed her to focus on her recovery.

Read Kim’s Story

How to File for Mesothelioma Compensation

You can file for financial compensation with a top mesothelioma attorney. The right attorney will help you understand all your options for filing a claim if you are within the time limit to file. They’ll prove your history of asbestos exposure and track your expenses.

Steps to Filing for Compensation
  1. Get an Attorney: Find out what you could receive and the statute of limitations by speaking with a mesothelioma lawyer. 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 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.
Process for filing for mesothelioma compensation

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.

An expert lawyer will maximize your compensation but won’t promise a certain amount. The financial award can cover costs incurred by asbestos-related diseases. Insurance does not cover many expenses. These can include transportation, home health aides and complementary therapies.

20+ years

Combined experience our VA-accredited claims agents at The Mesothelioma Center have helping veterans get compensation through VA benefits.

VA Claims and Other Types of Financial Assistance

In addition to compensation from a mesothelioma claim, you can take advantage of other financial assistance. These include VA claims, private health insurance, Medicare and Medicaid, long-term disability insurance, Social Security disability payments and community assistance.

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

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 eligible senior citizens, people with disabilities and those with limited income. They provide coverage for all forms of mesothelioma treatment.
  • 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. The paperwork can be confusing and complicated. A VA-accredited claims agent can help.

Many people who served in the U.S. armed forces, especially those who worked in shipyards, were exposed to asbestos. Veterans who develop mesothelioma or other asbestos-related diseases 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.

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Common Questions About Mesothelioma Compensation

Is compensation available for asbestos exposure?

Yes. Lawsuits, settlements and asbestos trust funds offer substantial compensation to people with asbestos-related diseases or families of those who died of an asbestos-related disease.

Answered By: Jim Kramer, Mesothelioma Attorney, Simmons Hanly Conroy Law Firm

How long will it take to get compensation?

Receiving compensation after a trial verdict can take several months to years. However, you may receive a settlement offer within the first few months. Compensation from trust funds is typically available within a few months.

Each case is different, and compensation depends on the type and strength of each case. A mesothelioma lawyer can provide the most accurate estimate.

How can I apply for asbestos compensation?

The first steps in applying for asbestos compensation include speaking with a mesothelioma lawyer and determining the type of compensation most appropriate for your case. A Patient Advocate can help you explore options to help with lost wages and your medical expenses.

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

You can begin your search for a mesothelioma lawyer by asking the right questions of a law firm: Can you provide a free case review? What’s your track record of success? How many years have you practiced mesothelioma cases? Are you available across the nation? What databases can you access for asbestos information?

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