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Mesothelioma Settlements & Verdicts
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The average mesothelioma or asbestos settlement ranges from $1 million to $2 million. The average trial verdict is between $5 million and $11.4 million. Amounts are different based on individual cases.
Written by Joe Lahav, Esquire | Legally Reviewed By William A. Davis | Edited By Walter Pacheco | Last Update: September 16, 2024
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Written by Joe Lahav, Esquire | Legally Reviewed By William A. Davis | Edited By Walter Pacheco | Last Update: September 16, 2024
What Can I Expect From Mesothelioma Settlements and Verdicts?
Plaintiffs who receive a mesothelioma settlement may get a million dollars or more and verdict amounts often exceed $5 million. The payout in a settlement or a verdict is the amount of money you receive once the attorney’s fees and costs have been paid, as described in your retainer agreement with your mesothelioma lawyers.
When you file a mesothelioma lawsuit, you can expect that an asbestos lawyer will work to negotiate a favorable settlement on your behalf. If your case goes to trial, your lawyer will draw on their experience and track record of success to try to win a verdict.
I had been able to use some of that settlement money to pay for the copay or meet the deductible. I couldn’t work during treatment and recovery, and so that helped pay for food and transportation for my kids.
Kim M., Mesothelioma Survivor
In a mesothelioma settlement, the company responsible for your asbestos exposure agrees to pay an agreed upon amount determined through negotiations between your attorney and the defendant. Settlements are legally binding and legal action can be taken if your settlement isn’t paid on time, offering guaranteed compensation.
A jury or court determines a mesothelioma verdict at the close of a trial. Verdicts often result in higher payouts for plaintiffs, but defendants can appeal to pay a reduced amount or have the verdict overturned completely.
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Average Mesothelioma Settlement and Verdict Amounts
Mesothelioma settlements range from $1 million to $2 million, while mesothelioma verdicts average between $5 million and $11.4 million. Actual amounts vary based on case details.
Many mesothelioma survivors and their families have received settlements or jury awards worth millions of dollars. These figures reflect the average amount awarded in mesothelioma cases. Actual amounts can vary greatly based on individual case details and circumstances.
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Expert Take | Daniel Wasserberg: What is the average settlement payout for a mesothelioma case?
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Additional forms of financial assistance exist for many mesothelioma patients. Examples include asbestos trust fund payouts from bankrupt companies and VA claims for veterans. Talk to an attorney to evaluate the best options for you and your family.
Notable Mesothelioma Lawsuit Settlements and Verdicts
Exact mesothelioma settlement amount figures often are kept private, and claimants often are bound by confidentiality agreements. However, some mesothelioma lawsuit settlement amounts become public from time to time.
When plaintiffs and defendants don’t agree to a settlement, the case usually goes to trial. If jurors find that the defendants are liable, they will decide how much money the defendants should pay in damages.
“After a mesothelioma lawyer evaluates all of the factors of when to settle a case and advises their client,” attorney Jim Kramer explained to The Mesothelioma Center at Asbestos.com. “They can fight with the defendant or fight on their client’s behalf to maximize the value of the case against that particular defendant.”
- Metal Worker: $250M Verdict
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U.S. Steel was ordered to pay $250 million in 2003 to the wife of a former steel worker who died of mesothelioma. U.S. Steel reached a post-verdict settlement for an undisclosed amount believed to be substantially less than the trial award.
- Talc Consumer: $117M Verdict
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A jury awarded damages to Stephen Lanzo III and his wife totaling $117 million in 2018. A jury found Johnson & Johnson and Imerys Talc America liable for selling asbestos-contaminated talcum powder products to Lanzo from 1979 to 2003, which led to Lanzo’s mesothelioma diagnosis.
- Auto Mechanic: $75M Verdict
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A jury awarded Ed Robaey $75 million in the largest single asbestos verdict in New York history in 2017. Robaey claimed he developed mesothelioma from working with asbestos gaskets in car engines.
- Navy Veteran: $70.8M Verdict
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A California jury awarded $70.8 million to U.S. Navy machinist Robert Whalen in a mesothelioma lawsuit involving gasket manufacturer John Crane Inc. in 2014. Whalen claimed he developed mesothelioma working with the company’s asbestos-containing products during his 26-year service in the Navy.
- Brake Mechanic: $25M Verdict
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A New York jury ordered DaimlerChrysler to pay $25 million in 2006 to Alfred D’Ulisse, a retired police officer and former brake specialist. His lawsuit claimed he developed mesothelioma from exposure to the company’s automobile brakes.
- Dock Worker: $24.26M Verdict
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A San Francisco jury awarded $24.26 million in 2018 to longshoreman George Lucas. His lawsuit claimed he developed mesothelioma because of asbestos exposure he endured while working at shipyards around San Francisco Bay for nearly 30 years. He was exposed to asbestos insulation, gaskets and packing.
- Factory Worker: $18.6M Verdict
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A Texas jury awarded $18.6 million in 2014 to the surviving family of Carl Rogers, who died of mesothelioma after working at a Goodyear tire factory for 30 years. Rogers was exposed to asbestos-containing machinery parts and pipe insulation at the factory.
- Barber’s Son: $18M Verdict
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A Los Angeles Superior Court jury awarded Philip Depoian an $18 million verdict in a mesothelioma-talcum powder lawsuit in 2016. Depoian was exposed to asbestos-tainted talcum powder products used at the barber shop where his father worked.
- Drywall Worker: $13.4M Verdict and $75K Settlement
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A drywall worker who developed mesothelioma received a $13.4 million verdict and $75,000 in lawsuit settlements in 2020 from an asbestos lawsuit filed in Washington state. Drywaller Raymond Budd said he developed the cancer from working with multiple asbestos-containing products including Kaiser Gypsum’s asbestos-containing joint compound.
- Shipyard Worker: $6.5M Verdict
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A jury awarded former naval shipyard worker George Parker $6.5 million in 2016. The jury determined John Crane Inc. was responsible for exposing Parker to asbestos, which led to his mesothelioma diagnosis. Parker worked with gasket materials containing asbestos at the Norfolk Naval Shipyard.
- Mechanic: $630K Settlement
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The family of a mechanic from Redding, California, received a $630,000 settlement in 2018 to resolve a wrongful death lawsuit from asbestos-related lung cancer. The surviving family claimed their loved one developed lung cancer because of exposure to asbestos brakes, clutches and gaskets.
Asbestos settlement and verdict amounts hinge on factors like the severity of the diagnosis, strength of evidence and degree of negligence on behalf of the defendant. Settlement amounts can vary widely, with some reaching millions of dollars. Jury-determined verdicts can also vary based on the unique circumstances of your mesothelioma case.
Summary
Average mesothelioma settlement amounts are between $1 million and $2 million. The average trial verdict amount for mesothelioma is between $5 million and $11.4 million. The biggest asbestos lawsuit verdict awarded to date was $250 million.
What Factors Affect Mesothelioma Lawsuit Settlement Amounts?
When you file an asbestos claim, many factors affect the potential mesothelioma settlement amount a defendant may agree to. These can include medical expenses and lost wages, punitive damages and the number of asbestos companies named in the lawsuit.
Factors Affecting Average Mesothelioma Settlements
- Company Negligence: Financial liability may be significant with strong evidence of negligence. Some historic cases have resulted in awards of damages in the tens of millions of dollars.
- Compensatory and Punitive Damages: Jurors consider compensatory damages such as the plaintiff’s economic losses. Jurors also may consider punitive damages to punish a defendant.
- Jurisdiction: Different states require varying amounts of evidence to prove a defendant’s liability, negligence and wrongdoing. Some states also cap the amount of damages a jury can award.
- Medical Expenses and Lost Wages: Medical expenses can mount while patients and caregivers focusing on mesothelioma treatment may be unable to work, causing a loss of income.
- Number of Companies in Lawsuit: Some mesothelioma lawsuits name multiple defendants. It’s common for some of the defendants to settle early.
You can speak with your attorney about the individual factors that may affect your average settlement amount. Each mesothelioma case is different, and every family has personal financial factors that influence settlement outcomes.
A defendant’s history of success at trial can also play a role. If a defendant has settled or lost cases in the past, the asbestos company may want to settle quickly without going through the trial process again.
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Get Your Free GuideAsbestos Settlement Process & Common Scenarios
The settlement process starts with a mesothelioma attorney preparing to present your case to a judge and jury. Asbestos settlement negotiations with defendants can take place before, during or even after a trial.
- Filing Claims and Receiving Responses: After you file a mesothelioma lawsuit, the defendants typically have 30 days to respond in the form of an answer. Some defendants may offer a small settlement immediately, but most file an answer denying the claim.
- Discovery and Preparation for Trial: During discovery lawyers on both sides collect evidence to build their cases. Defendants may be willing to negotiate a settlement at this stage to avoid a trial.
- Trial and Appeal: If a trial starts going badly for a defendant, they may settle to avoid a damaging verdict. If a jury takes your side, it may be in your best interest to accept a settlement if the defendants waive their right to file an appeal.
Your lawyer can advise you about your options and whether you should hold out for a better proposal. Asbestos attorneys can also advise you about trust fund claims and how they might affect other legal claims available to you.
The best firms prepare well for court knowing a strong mesothelioma case improves settlement outcomes. “We’re prepared to take every one of our cases to trial. A very small percentage, though, ever get to a verdict,” said Dan Kraft, an attorney at Weitz & Luxenberg, the mesothelioma law firm responsible for two record-setting asbestos verdicts in New York.
What Do I Need to Win a Mesothelioma Settlement?
Essential evidence to secure a mesothelioma settlement includes medical records, work history, expert testimony and financial records demonstrating the impact on your family. A robust amount of evidence greatly enhances your chances of a successful outcome.
Necessary Documentation
- Documentation showing your diagnosis through medical records
- Proof of employment history at the asbestos company listed as a defendant
- Records that prove mesothelioma caused claimed economic challenges
- Testimonies about your asbestos exposure and medical diagnosis
A mesothelioma lawyer plays the biggest role in securing a settlement or verdict. They navigate complex legal processes, gather crucial evidence, secure expert witnesses and negotiate on your behalf. They strategize how to maximize the chances of a successful outcome.
How Long Before I Get a Mesothelioma Settlement?
The time frame to receive money from a mesothelioma settlement varies for each case. After a mesothelioma settlement is reached, it can take anywhere from a few months to more than a year for you to start receiving settlement checks.
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
You may choose to receive your money in installments rather than in one lump sum. You should discuss with your mesothelioma attorney how you want your payments distributed.
Benefits of a Mesothelioma Settlement
One of the main benefits of a mesothelioma settlement is that your money is guaranteed. While a trial verdict may result in a larger award of damages than a settlement might, there is no guarantee a jury will side with you.
Qualified mesothelioma attorneys know there are no sure bets in a trial. The more evidence you gather to support your case, the easier it will be to obtain a favorable mesothelioma settlement amount.
The decision to settle or not is best made with the advice of an experienced mesothelioma attorney. These lawyers understand the nature of malignant mesothelioma and other asbestos-related diseases.
Should You Always Accept a Mesothelioma Settlement?
A skilled attorney can help you decide whether to accept a mesothelioma settlement. It requires careful consideration of various factors.
Settlement Offer Considerations
- Fairness Evaluation: Your asbestos attorney can provide valuable insights based on their extensive experience, ensuring you receive a just and equitable amount.
- Lost Wages Coverage: If the settlement includes funds for lost wages, it can help you maintain financial stability during and after treatment.
- Medical Expenses Coverage: Ensure the offered settlement covers all current and future medical expenses for mesothelioma treatment and related health expenses.
Even if you need a settlement quickly, it’s vital to weigh these considerations carefully. The first offer may not be fair in your case. Hiring a lawyer with experience in mesothelioma cases who can manage the negotiation process on your behalf will improve your settlement offers.
Most Common Reasons a Defendant May Agree to Settle
Asbestos defendants may agree to settle because of overwhelming evidence, expert testimony or a pressing need to avoid costly trials. Sometimes defendants don’t have enough time to prepare for smaller trials if they’re facing bigger legal issues.
Why Asbestos Companies Settle
- A compelling deposition that favors the plaintiff
- Desire to avoid ongoing legal fees from a drawn-out lawsuit
- Discovery of information favorable to the plaintiff
- Lack of time to complete necessary research before a trial
- Sudden unavailability of a key witness or expert needed to win the case
Mesothelioma settlements offer a predictable financial outcome and protect defendants from potentially higher verdicts. Additionally, settling may help companies avoid negative publicity associated with asbestos-related litigation.
Mesothelioma Settlement Payouts
Mesothelioma settlements are typically paid out in two primary ways. The first is a lump sum, which provides immediate financial relief. The second is a structured settlement that involves payments over an agreed-upon period.
Settlement Payout Options
- Lump Sum: This option is a one-time, full payment of the agreed-upon settlement amount. It provides fast financial assistance for patients and their families.
- Structured Settlement: Instead of a single lump sum, this option involves payments over a certain period, providing a steady income stream and more financial stability.
These payment options have different benefits and drawbacks. A lump sum may not account for long-term expenses. A structured settlement provides a steady income stream but may lack the flexibility needed for unforeseen financial challenges. Choosing which one is right for your family depends on personal circumstances.
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Latest Mesothelioma Lawsuit Settlement and Verdict Updates
For the past five years, between 3,500 and 4,100 asbestos lawsuits have been filed in U.S. courts each year, according to the consulting firm KCIC. Most of these claims are settled privately before reaching a jury trial.
Status of Asbestos Lawsuits
- September 2024: Plaintiffs have dropped a lawsuit against BNSF Railway and Zurich American Insurance Company over their handling of asbestos-related injury claims. The estates of two people filed the suit in August 2024. They allegedly died from asbestos exposure at a rail yard in Libby, Montana, owned by BNSF. The lawsuit claimed that BNSF assumed insurer duties by “buying back” several policies. It alleged that Zurich breached contracts by not covering the claims.
- August 2024: Johnson & Johnson secures enough support to move forward with its proposed $6.475 billion talc settlement. 75% of claimants voted in favor of the proposal through a secret ballot. If given final approval, the settlement would resolve tens of thousands of lawsuits that claim J&J’s talc-based products cause cancer. It would also give J&J another path toward a third attempt at filing for bankruptcy protection.
- July 2024: A federal judge blocked a group of cancer patients who were attempting to stop Johnson & Johnson from filing for bankruptcy. The judge said he couldn’t grant the motion because any harm from the bankruptcy proposal to the plaintiffs was “strictly hypothetical.” Attorneys for the plaintiffs call J&J’s bankruptcy plan a way the company can settle tens of thousands of talc lawsuits without paying the full compensation plaintiffs deserve.
- June 2024: Johnson & Johnson offered to pay $700 million to settle an investigation initiated by 42 U.S. states and Washington, D.C. The pharmaceutical company is accused of misleading marketing practices against the public claiming its talc-based products including its popular Johnson’s Baby Powder was safe. J&J admits no wrongdoing and denies violating the law.
Mesothelioma settlements and verdicts are two different ways you can achieve compensation through a mesothelioma lawsuit. Patients diagnosed with mesothelioma and their loved ones may be eligible to file an asbestos claim. While there are many differences between the two, both offer a variety of benefits to patients and family members coping with mesothelioma.
Common Questions About Mesothelioma Settlements
- What Is The Average Asbestos Settlement Amount?
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The average settlement amount for asbestos and mesothelioma claims typically ranges from $1 million to $2 million, according to Mealey’s latest findings. The average verdict amounts for mesothelioma cases are between $5 million and $11.4 million.
- How Do Mesothelioma Settlements Work?
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A mesothelioma settlement is reached when someone who was exposed to asbestos agrees to the compensation offer from a company that may be responsible for their asbestos exposure.
- Are Mesothelioma Settlements Taxable Income?
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In general, mesothelioma settlement payouts are not taxable. Financial compensation you receive for lost wages and emotional distress can be taxable.
An experienced mesothelioma law firm can explain how your settlement may be taxed. The Tax Cuts and Jobs Act of 2017 expanded the amount of settlement money that may be taxable.
- Who Receives Money in a Mesothelioma Wrongful Death Settlement?
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Compensation awarded in a mesothelioma wrongful death settlement may go to the deceased person’s estate. How mesothelioma settlement money is distributed to surviving family members depends on the unique circumstances of each case.
- What is the Average Asbestos Wrongful Death Settlement Payout Amount?
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The average asbestos wrongful death settlement amount is between $1 million and $2 million. This is the same payout as an asbestos personal injury case.
- How Much Are Legal Fees?
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Most mesothelioma attorneys work on a contingency fee basis. This means your attorney generally agrees to receive a percentage of any award or settlement, but you will owe nothing if you don’t receive compensation for your mesothelioma injuries. You agree on the specific terms with your lawyer at the beginning of the case.
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