top of page
  • Writer's pictureRobert Schuerger II

Understanding Injury Claims | What Is the Average Mesothelioma Payout? 

Mesothelioma lawsuit settlements and verdicts are the catalysts that provide victims of asbestos exposure with compensation for mesothelioma. Average mesothelioma settlements can range from $1 million to $1.4 million.


Any mesothelioma compensation is generally not taxable. Nonetheless, victims with a mesothelioma diagnosis are recommended to talk to an experienced asbestos attorney to find out what compensation options they have. Schuerger Shunnarah Trial Attorneys are experts that can answer questions like How do you prove mesothelioma?


What Is the Difference Between Mesothelioma Settlements and Verdicts?

What Is the Difference Between Mesothelioma Settlements and Verdicts?


When a judge or jury makes a decision at the end of a trial determining asbestos liability, it is called a mesothelioma verdict.


However, a mesothelioma settlement occurs when an agreement is made between a victim of asbestos exposure and the company responsible for this exposure.


This is done to end a lawsuit before it goes to court, but a mesothelioma settlement can also take place during court proceedings. Schuerger Shunnarah Trial Attorneys can advise on what the different types of mesothelioma lawsuits are.


Mesothelioma settlements and verdicts are two results that can come from a mesothelioma lawsuit.


Statistics of Mesothelioma Settlements

The average mesothelioma trial verdict awarded is approximately $2.4 million. The average mesothelioma settlement amount awarded ranges from $1 million to $1.4 million.


However, one of the most significant mesothelioma verdicts ever recorded was for $223 million. Johnson & Johnson was the asbestos company liable for paying this out-of-court settlement.


Accepting a Mesothelioma Settlement

Victims of asbestos exposure are guaranteed compensation when they accept a mesothelioma lawsuit settlement. Asbestos companies responsible for this exposure to asbestos offer settlement money to these mesothelioma patients to end the lawsuit against the organization.


It's important for those filing a mesothelioma lawsuit to have an experienced asbestos lawyer in Nashville. That's because these professional attorneys can negotiate mesothelioma settlements to ensure the victims get the best options possible.


The victim can then decide on whether to accept the offer or continue to a trial for a judge or jury to come to a verdict. The average mesothelioma verdict amount is typically higher than the average mesothelioma settlement amount.


However, there's also the risk of receiving no compensation if the victim loses the case at trial. That's why most mesothelioma patients tend to settle.


What Is the Average Mesothelioma Payout?


Mesothelioma is a form of cancer that's caused by asbestos exposure. Individuals who are diagnosed with mesothelioma generally file a lawsuit for compensation for pain and suffering, lost wages, and medical expenses.


The average asbestos payout is between $1 million and $1.4 million. This is the actual transfer of funds from the defendant (or the responsible party) to the plaintiff (or the party seeking compensation). Any funds collected from a mesothelioma settlement or verdict aren't taxable.


Why Aren't Mesothelioma Settlements Taxable?


There are various reasons why mesothelioma settlements are often not taxable. These are:

  • Treatment of Physical Injury or Sickness: Any compensation received for sickness or personal physical injuries isn't considered taxable income under U.S. tax law. Mesothelioma settlements and verdicts are often treated as compensation for sickness or physical injury because mesothelioma is a form of cancer caused by exposure to asbestos.

  • Compensation for Pain and Suffering and Medical Expenses: Typically including compensation for pain and suffering, medical expenses, and other damages relating to physical harm caused by being exposed to asbestos, these damages are considered compensatory and aren't subjected to federal income tax.

  • Structured Settlements: Some cases might structure the average asbestos settlement. This means the compensation is paid to the plaintiff over an agreed-upon period rather than a lump sum. Tax treatment on structured settlements can vary. That's why it's best to ask for guidance from a tax professional who's experienced in compensation received from physical injury and sickness.

  • State Tax Laws: State tax laws vary. However, federal tax law generally exempts any compensation for sickness or personal physical injuries from taxation. Nonetheless, it's important to be aware of the state-specific tax regulations when managing any mesothelioma settlements.


What's the Difference Between a Mesothelioma Settlement and a Mesothelioma Payout?


Even though the terms "payout" and "settlement" are related concepts, these terms are used to refer to the different aspects and stages of an asbestos dispute or lawsuit's legal resolution.


A settlement is recognized as the agreement received between the different parties involved in a legal dispute. This is before a final court judgment is issued or a mesothelioma case goes to trial. When the plaintiff and the defendant reach an agreement, a settlement has been made.


The agreed-upon settlement typically covers the terms and conditions. One of these clauses is that the plaintiff agrees to drop the lawsuit and release the defendant from any further liability in exchange for a certain amount of money.


A payout refers to the distribution or disbursement of funds outlined in the court judgment or settlement agreement. The defendant is required to make a payout (or payment) to the plaintiff when a court issues a verdict in the plaintiff's favor or once a settlement has been reached.


This payout includes the agreed-upon (mesothelioma settlement) or awarded (mesothelioma verdict) compensation for pain and suffering, lost wages, medical costs, and other expenses.


The Factors That Impact Mesothelioma Settlement Amounts


Mesothelioma settlement amounts depend on various factors. Those interested in filing an asbestos lawsuit settlement should look at hiring an experienced mesothelioma lawyer. That's because lawyers with experience in mesothelioma and asbestos litigation can assess the facts of individual cases and identify the possible mesothelioma lawsuit settlement offers.


Here are some of the most important factors that can affect a mesothelioma lawsuit settlement:


The Company's Asbestos Use History

Many asbestos companies are likely to face larger liabilities if these defendant companies show a very high disregard for worker safety. Companies involved in instances of worker safety negligence are more likely to settle mesothelioma lawsuits.


Lost Wages and Medical Expenses

Asbestos settlements typically include enough compensation to cover lost wages and medical bills. This is when victims diagnosed with mesothelioma file a claim against the responsible company or companies.


The Company's Experience in Mesothelioma Cases

If a mesothelioma lawsuit involves companies that have already lost other asbestos lawsuits, a settlement is more likely to be offered. That's because these companies would rather settle quickly and avoid an expensive asbestos verdict.


History of Exposure to Asbestos

A company's liability might increase because of long-term asbestos exposure. This can lead to larger settlement offers.


Where the Mesothelioma Case is Being Filed

Each state has its own laws regarding the way an asbestos cancer case proceeds. Statutes of limitations, awards caps, and laws of evidence can play a role in the asbestos settlement amounts available for personal injury cases, wrongful death lawsuits, and other claims to get a mesothelioma settlement.


The Number of Companies Involved

Many mesothelioma victims are eligible to file an asbestos claim against multiple companies accountable for exposure to asbestos. Each of these companies can decide to go to trial or negotiate a settlement.


What Is the Mesothelioma Settlement Process?


From filing a mesothelioma lawsuit to reaching a compensation agreement, the mesothelioma settlement process is made up of several stages.


This is an overview of the different phases making up the process followed for many mesothelioma settlements:


Medical Evaluation and Diagnosis

Being diagnosed with mesothelioma is the catalyst that often starts the process. Medical professionals will assess the disease's extent. From here, the victim or their family might consult mesothelioma attorneys to explore their legal options.


Identifying the Responsible Parties

A mesothelioma lawyer will work with asbestos victims to identify the responsible parties for the exposure of asbestos. Tactics used during this stage might include investigating the individual's places of residence, work history, and other potential sources where the victim was exposed to asbestos.


Case Evaluation and Legal Consultation

Consulting with their mesothelioma lawyers, the affected individual and their family members will review the case. The mesothelioma attorney will evaluate the case's strength while gathering any necessary documentation. Before filing a claim, the attorney will advise on the various legal options available.


Filing the Lawsuit

An asbestos lawyer files a lawsuit on the individual's behalf if the decision is made to pursue legal action against the responsible parties. When this is done, it initiates the formal legal process.


Discovery Process

Once the lawsuit has been initiated, both parties partake in the discovery phase. Evidence and other information related to the case is exchanged. This discovery process might include deposition, the gathering of medical reports, interrogatories, and other relevant documentation.


Settlement Negotiations

Parties often interact in settlement negotiations once the discovery process has been completed. Its objective is to reach an agreement regarding the plaintiff's compensation to avoid going to trial. The individual's experienced mesothelioma attorney will negotiate with the dependent's lawyers.


Trial (If Necessary)

The asbestos-related case will go to trial if settlement negotiations don't end in an agreement. This is when a mesothelioma verdict will be released after a judge and/or jury hears the evidence presented by both sides.


Settlement Agreement or Verdict

The parties enter into outlining the terms of the settlement agreement if negotiations are successful. However, the court might issue a mesothelioma verdict that involves the plaintiff being awarded damages if the case goes to trial.


Payout and Distribution

The responsible party is required to make the agreed-up payment once a verdict has been issued or a settlement agreement has been reached. Payment is then distributed according to the settlement or verdict's terms. This covers legal fees, medical costs, and other expenses.


What Does a Person Need for a Mesothelioma Lawsuit Settlement?


Victims need to file a mesothelioma claim if they plan to seek compensation. Experienced mesothelioma lawyers have the knowledge and experience to guide mesothelioma patients and their families through the legal process.


An individual can get a free legal consultation for most mesothelioma lawsuits. The firm chosen for this free case review will then begin building the case if the individual decides to hire one of the asbestos lawyers available.


Information Needed for Mesothelioma Settlements

  • Asbestos victims' medical bills. These can include travel expenses incurred to receive mesothelioma treatment.

  • Evidence of work history in the form of military service records or union membership cards.

  • Witness statements from family members, friends, co-workers, and experts.

  • Medical records that include the mesothelioma diagnosis


Factors to Consider Before Accepting a Settlement from Asbestos Companies

Factors to Consider Before Accepting a Settlement from Asbestos Companies


It's an impactful decision to accept any mesothelioma settlements from asbestos companies. That's why individuals and their families need to consider the various factors before accepting any mesothelioma settlements.


Here are the key elements to consider:

  • Future Medical Expenses: Mesothelioma is known for requiring ongoing medical treatments. That's why individuals should ensure their mesothelioma settlements include adequate provisions for future medical expenses. These might include clinical trials and potential experimental treatment costs.

  • The Compensation Extent: Most patients need to evaluate the proposed asbestos settlement to ensure it compensates for current and future medical expenses, pain and suffering, lost wages, and other damages associated with mesothelioma.

  • Legal Costs and Fees: A mesothelioma patient should understand the terms of their attorney's fees. Most mesothelioma attorneys work on a contingency fee basis, which means that they only get paid if a settlement or verdict is reached. Many patients forget this, but it's vital to ensure all legal fees are agreed upon and transparent.

  • Tax Implications: Compensation for physical injuries and sickness is tax-exempt in many cases. Nonetheless, individuals and their families should consult with a tax professional and verify the specifics. This will help them understand the tax implications of the settlement.

  • Financial Impact and Lost Wages: Patients need to consider the impact this asbestos-related illness has on their ability to work and earn a living. Any settlement should address any potential future earnings and lost wages.


Schuerger Shunnarah Trial Attorneys Are Here to Help with Mesothelioma Lawsuit Settlements


When choosing a law firm for asbestos and mesothelioma-related cases, it's important that victims select a well-established and professional law firm that's experienced in asbestos litigation.


That's why Schuerger Shunnarah Trial Attorneys is a top choice. The law firm has years of experience in handling mesothelioma and asbestos cases.


The deep understanding its lawyers have of the complexities of mesothelioma cases is unmatched. Moreover, individuals gain a law firm with a great track record and compassionate, personalized service.

Contact Schuerger Shunnarah Trial Attorneys to learn more today!

留言


bottom of page