What Are Your Legal Options for Mesothelioma? Exploring Lawsuits

Mesothelioma, is an aggressive type of cancer that grows in the mesothelioma, the thin layer of tissue that encases most internal organs. While treatments are available, mesothelioma is often fatal. Mesothelioma is the result of being exposed to asbestos, most typically breathing in the microscopic particles. Asbestos was used as a fire-proof insulation for decades before the dangers were discovered and the damage done to the body by exposure typically does not manifest itself for many years.

The courts have maintained the companies that produced asbestos may be held legally libel for damages to those affected. The three types of compensation for asbestos exposure include trust-fund claims, lawsuit settlements and court verdicts. However, victims must meet certain criteria to file a claim, and an experienced attorney will be able to help determine if you are eligible and which type of settlement is best for your situation.

Trust-Fund Claims

Trust funds were set up for asbestos companies that were found negligent and have subsequently filed for Chapter 11 bankruptcy protection. The money in the funds is earmarked for current and future claims of Mesothelioma lawsuits who rightfully deserve compensation from the damages caused by the company’s products. Depending on the situation, mesothelioma sufferers may be able to file a claim against more than one company and receive money from more than one trust fund.

According to the 2016 Mealey’s Asbestos Bankruptcy report, the amount of trust-fund payouts have an average value of $180k and range from $7,000 to $1.2 million. Each asbestos trust assigns a “schedule,” or claim value, to different types of asbestos-related illnesses. The schedule takes several factors into account, and the amount of a payout depends on the specific type of illness, the payment schedule that was established for the trust and the trust’s current payment percentage.

Out-of-Court Settlements

Mesothelioma settlements occur when a plaintiff has filed a lawsuit, typically through an attorney, and the asbestos manufacturer agrees to pay the plaintiff a negotiated amount of money to settle the claim. The amount of the settlement is negotiated between you and your attorney, and the asbestos company. While most settlements occur before the case goes to trial, it is not unheard of for a settlement to be reached after a trial has started, but before a verdict is rendered.

While the law does not require a victim to use an attorney, the asbestos company will typically have a team of lawyers working for them so it is wise to consult with an attorney who has experience in mesothelioma lawsuits. Settlements are legally binding actions and offer guaranteed compensation. However, while settlements do provide for a quicker payout than waiting for a verdict and often multiple appeals, the compensation from a court judgment can sometimes be substantially higher, but it is not guaranteed. Most mesothelioma lawsuits do result in out-of-court settlements.

Trial Verdicts

Trial verdicts are determined by a judge and/or jury at trial. Court judgments can often result in larger amounts than settlement agreements, but appeals can drag on for months if not years, and the judgment may be reduced or even overturned completely by an appeals court. There are two types of lawsuits for mesothelioma damages. Personal injury lawsuits are filed by those who have suffered injury from receiving a mesothelioma diagnosis. Wrongful death lawsuits are filed by family members to receive compensation after a loved one has died from mesothelioma.

Jury awards consist of compensatory and punitive damages where compensatory damages are to compensate victims and their families for medical expenses, lost wages and reduced quality of life, whereas punitive damages are meant to punish wrongdoing. Court records show that mesothelioma filings accounted for over half of all asbestos lawsuits in 2022, totalling 1,900 mesothelioma suits of 3,550 for all types of cancer-related injuries.

Conclusion

Negotiating the legal waters of mesothelioma injury cases should not be taken lightly, and an attorney experienced in these types of cases is an invaluable asset. A qualified attorney will know the best course of action, prevent costly mistakes and will almost always be able to get you a larger settlement or judgment. Additionally, personal injury attorneys work on a contingency base so, win or lose; there is no cost to you.