Average Payout For Mesothelioma: What You Need To Know
Asbestos exposure can lead to mesothelioma, a rare and aggressive cancer. If you or a loved one has been diagnosed with this disease, you may be entitled to compensation. But what is the average payout for mesothelioma cases? Let's take a closer look.
Mesothelioma is a type of cancer that affects the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, a mineral that was widely used in construction and manufacturing until the 1980s. Symptoms of mesothelioma can take decades to appear, and the disease is often diagnosed at an advanced stage.
Factors Affecting Mesothelioma Payouts
The amount of compensation you may receive for a mesothelioma claim depends on several factors:
1. Stage of the disease
The more advanced the cancer, the higher the payout.
2. Age and health of the victim
Younger and healthier victims may receive higher payouts, as they may have more years of lost wages and medical expenses.
3. Degree of negligence by the asbestos company
If the company knowingly exposed workers to asbestos without proper safety measures, the payout may be higher.
4. State laws and statutes of limitations
The laws governing mesothelioma claims vary by state, and there may be time limits on filing a lawsuit.
5. Settlement vs. trial
Settlements are typically lower than payouts awarded by a jury in a trial, but they can be resolved more quickly.
What is the Average Payout for Mesothelioma?
According to a 2020 report by the RAND Corporation, the average mesothelioma payout is $2.4 million. However, this amount can vary widely depending on the factors listed above.
Frequently Asked Questions
How long does it take to receive a mesothelioma payout?
The timeline for receiving a payout can vary depending on whether you settle out of court or go to trial. Settlements can take a few months, while trials can take years. Your lawyer can give you a more accurate estimate based on your case.
Can I file a mesothelioma claim if the asbestos company went bankrupt?
Yes, many asbestos companies have set up trust funds to compensate victims even if the company is no longer in business.
Do I have to go to court to receive a mesothelioma payout?
No, you can also settle out of court. Your lawyer can negotiate a settlement with the asbestos company's lawyers.
What if I was exposed to asbestos at multiple jobs?
You may be able to file claims against each company responsible for your exposure.
Do I need a lawyer to file a mesothelioma claim?
It is highly recommended to hire a lawyer who specializes in asbestos litigation, as these cases can be complex.
Can family members file a mesothelioma claim on behalf of a deceased loved one?
Yes, family members can file a wrongful death lawsuit on behalf of the victim.
Will I have to pay taxes on my mesothelioma payout?
It depends on the type of compensation you receive. Your lawyer can advise you on the tax implications of your payout.
Can I receive compensation if I was exposed to asbestos outside of work?
Yes, you may be able to file a claim against the manufacturer of the asbestos-containing product.
Pros of Filing a Mesothelioma Claim
There are several benefits to filing a mesothelioma claim:
- You can receive compensation for medical expenses, lost wages, and pain and suffering.
- You may be able to hold the asbestos company accountable for their negligence.
- You can help raise awareness about the dangers of asbestos exposure.
Tips for Filing a Mesothelioma Claim
If you are considering filing a mesothelioma claim, here are some tips to keep in mind:
- Hire a lawyer who specializes in asbestos litigation.
- Keep detailed records of your medical expenses and lost wages.
- Be prepared to provide evidence of your exposure to asbestos.
- File your claim as soon as possible, as there may be time limits on filing a lawsuit.
Summary
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. The amount of the payout depends on several factors, including the stage of the disease, the age and health of the victim, and the degree of negligence by the asbestos company. The average mesothelioma payout is $2.4 million, but this amount can vary widely. By hiring a lawyer who specializes in asbestos litigation and following the tips for filing a claim, you can increase your chances of receiving the compensation you deserve.
