Mesothelioma is a serious disease that is caused by exposure to asbestos. It is a form of cancer that attacks the tissues that line your vital organs, including the lungs, heart, and stomach.
If you have been diagnosed with mesothelioma due to exposure to asbestos, you should hire an asbestos attorney who understands the in’s and out’s of these types of cases.
They know what type of medical information will be needed and can estimate the potential cost of your medical care for the future and add it to the medical care you have already paid for. Their goal is to make sure you are adequately compensated for the changes in your quality of life.
You need an attorney who can build the strongest case possible and represent you to the highest level of their profession.
Average Mesothelioma Settlement Amounts
No two cases are ever alike, and the settlements that are awarded to plaintiffs vary from case to case. The average settlement amount tends to run between $1 million and just less than $1.5 million. This is normally the amount the plaintiff receives after attorney fees are taken out.
Attorney fees can range from 30% to 50% of the trial award. Because the amount of the settlement is almost always based partly on the cost of the medical treatment you have received, the amount could be higher or lower depending on the total cost of your care.
Do I Have to Pay Taxes On My Settlement?
If your settlement is intended to compensate you for lost wages, you will have to pay at least a portion of the taxes due on the amount. If the settlement was provided to help you cover the cost of your medical expenses and the mental anguish you endured during your illness, the taxable amount of your settlement will be much less.
Emotional distress and mental anguish can be difficult to measure. In most cases, the attorneys will look at the person’s quality of life and how having the diseased has made things more difficult.
What About Wrongful Death Cases?
In a wrongful death case, attorneys have to prove that the mesothelioma was directly caused by asbestos exposure that a company should have prevented. Wrongful death cases can be filed by close family members of the person who passed away.
Settlement amounts for wrongful death cases are typically lower than personal injury payouts, because there is no ongoing medical treatment involved. A wrongful death settlement can still cover past medical bills, though, as well as funeral expenses and pain and suffering.
How Long Will The Process Take After My Claim Is Filed?
Attorneys do everything possible to make sure cases get resolved in a timely fashion. With a mesothelioma case, however, it can take from several months to a few years for a case to be finalized. Every case is different and the outcome will be determined by many factors.
Both sides will have to investigate medical records, exposure claims, and many other factors that will come into play as the case is being tried.