Although the value of mesothelioma and asbestos cases will vary according to each person’s individual claim, there are a number of things to consider when determining your own. By understanding that factors that go into determining what your case is worth, you’ll have a better ballpark figure of what you may be able to expect.
If you or a loved one were diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information about top mesothelioma lawyers in your area, how to get paid in 90 days, how to file an asbestos trust fund claim, and much more.
How to Determine Your Mesothelioma and Asbestos Case Worth
On average, mesothelioma and asbestos plaintiffs are generally awarded around $1-2 million for settlements and around $6 million for trial verdicts. Yet, there have been many instances where the compensation was much higher, and on the other hand, much lower. The following factors will determine your overall case worth.
Anyone dealing with an aggressive disease such as mesothelioma will tell you how costly medication and other treatment expenses can get. All of these expenses, even including the costs of getting to and from medical appointments, are factored into your case worth.
Medical costs will differ depending on your medical center and the type of treatment you receive. For instance, the average cost of lung surgery can be around $39,000, whereas the average costs of chemotherapy can be $30,000 and over. Radiation therapy, even if the patient has insurance, can sometimes run up to $2,000 or more per month.
If you have travel out of town to medical appointments, lodging and gas prices can add up quickly, as well as expenses for dining. All of these expenses are considered when determining the medical costs of your case.
Loss of Wages/Economic Loss
Economic loss for both the patient and the patient’s loved ones is factored into the overall mesothelioma and asbestos case worth. For instance, any work missed due to medical appointments, illness, and other factors that surround mesothelioma are all considered.
Stage of the Disease
The stage of your disease and how long you’ve suffered from mesothelioma will greatly impact your case value. People in the later stages of the disease and those who’ve lived with the disease for a long time after diagnosis typically have a higher case value.
Amount of Asbestos Exposure
The amount of asbestos you were exposed to, as well as how long you were exposed to the toxic mineral will be accounted into your overall case value. Although asbestos is not safe at any level, generally, the longer the exposure and the higher amount of exposure, the more likely the patient will develop an aggressive asbestos-related illness.
Pain and Suffering
Mesothelioma is a life-threatening disease that puts a physical and mental strain on both victims and loved ones. The amount of physical and emotional pain you and your loved ones have had to endure may factor into your case value.
If you have dependents, your case value may increase due to loss of economic support, loss of emotional support, and more. This may include anyone who lives in your household that depends on you for financial support. In general, compensation for emotional support is reserved for those who have minor children in the home. However, you may qualify for loss of consortium if you have a spouse or partner whose suffered due to your illness.
Other factors that are considered when determining a mesothelioma and asbestos case value include:
- Your age
- Employer negligence
- State laws where you live
Settlement or Trial: How it Affects Your Case Value
Most mesothelioma cases end in settlements. However, there are instance in which your case may go to trial. There are pros and cons to both trials and settlements, but an experienced asbestos attorney will make sure you understand all of your options and what’s best for you.
Settlements provide a guaranteed way for you to obtain compensation for your disease. An attorney typically negotiates a settlement amount with the defense after providing solid proof of your case. Settlements are also much quicker than going to trial and you don’t have to worry about the other side appealing the decision.
However, settlement amounts are usually lower than the amount you may win if you go to trial. In addition, the responsible party may not be held publicly liable for their faults, as many settlement cases are undisclosed.
A trial offers you a chance to expose the parties responsible for exposing you to asbestos which led to a toxic illness. If you win your case in trial, the compensation is usually higher when compared to settlement amounts. On the other hand, trials take longer than settlements, are typically more mentally and physically taxing, and are you are guaranteed a victory.
Asbestos Trust Funds
In instances in which a company is responsible for large amounts of people developing mesothelioma and other diseases related to asbestos exposure, an asbestos trust fund may be set up to compensate those who file a case against the company.
If you’re eligible for compensation from an asbestos trust fund, your case value will be determined by the amount of funds the responsible party put into the trust fund, the stage of your disease, the extent of your exposure, number of dependents, your marital status, and whether you have an expedited or individual review.
For more information, refer to our article Mesothelioma Trust Funds.
Additional Resources to Help Determine Your Case Value
Don’t forget to fill out our form to get our free Financial Compensation Packet, filled with information on the leading asbestos and mesothelioma attorneys in your area. For additional assistance, contact us toll-free at 800-793-4540.
Page Reviewed and Edited by Mesothelioma Attorney Paul Danziger
Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering hundreds of millions of dollars for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.