While many mesothelioma claimants were awarded a million dollars or more, others received amounts to cover medical costs only—and those unable to prove their cases didn't recover anything. The amount a person receives in a mesothelioma lawsuit varies widely depending on the details of the case and the ability of his or her lawyer to link asbestos exposure to the defendant.
Factors That Impact Damages in a Mesothelioma Lawsuit
Mesothelioma lawsuits are similar to other injury claims in that the goal is to compensate the victim for any losses caused by the illness. The first consideration is your economic damages or the amount you've lost as a direct result of your condition.
If you were forced to retire early or were unable to earn a living, your lost wages must be calculated into your damages.
In addition, the amount you've spent on past and future medical expenses can form a significant portion of your settlement, especially if you needed mesothelioma surgery, chemotherapy, or other expensive treatments.
In addition to economic damages, the amount you might receive depends on:
- The number of defendants. In most cases, more than one company or former employer is liable for damages. If you're seeking payment from multiple defendants, the amount paid by each can be significant.
- Proof of negligence. The compensation you receive is directly related to the strength of your case. Your attorney has to prove the extent of liability for each defendant, including whether the company was aware of the potential risk of using asbestos.
- Your diagnosis and medical history. The defendants may attempt to escape liability based on the details of your claim. Your overall health, your specific diagnosis, your potential to have suffered exposure somewhere else, and even your status as a smoker or former smoker can all be called into question.
- Settlement or trial. While trial awards are often higher than settlements in mesothelioma cases, most of these lawsuits are settled out of court. Your attorney will help you determine whether settling or proceeding to trial is the best option for you.
When so many factors can affect the amount you'll receive for the rest of your life, you need an attorney who will fight aggressively on your behalf. The attorneys at Neblett, Beard & Arsenault can explain your options. To learn more, please contact us online or call us directly at 318.588.6303 for a free consultation. Our experienced lawyers work on a contingency fee basis.