What is the Average Mesothelioma Settlement?
Anyone who’s been considering filing a mesothelioma-related lawsuit is probably curious about the “average” settlement received by those who’ve already sued the negligent parties that caused their mesothelioma.
So, is there an “average” number and how accurate is it?
We all know that every case is different. That said, Mealey’s Litigation Report noted at the end of 2017 that the average mesothelioma trial award (cases that go to trial) is estimated at $2.4 million.
The average mesothelioma settlement (cases settled out of court) is between $1 million and $1.4 million and typically paid by multiple defendants.
Of course, there have been much larger awards and those are the ones that tend to make news. However, they are certainly the exception rather than the rule.
So, will each plaintiff receive at least a million dollars if they proceed with a suit? Not necessarily, but perhaps. And if you chose to go to trial, will you get more?
Maybe yes, maybe no.
The amount of a settlement or award depends on many, many factors. Some of these include:
- The number of companies, etc. named in the suit
- The medical history of the plaintiff, including whether he or she was/is a smoker, and his/her current diagnosis
- Ability to prove negligence with solid evidence
- The location where the suit is filed
- Expenses incurred, including lost wages and medical bills
While much of this can be determined by the attorney that handles the case, it’s often a wise idea for potential plaintiffs to put get all their so-called “ducks” in a row at the start, assembling important information that can be discussed at initial meetings with their attorney.
This will help the attorney build the case more quickly and can certainly also assist that person in determining whether the injured does indeed have a viable case.
Of course, the question of whether to go to trial or accept an out-of-court settlement is always a huge and difficult one. Plaintiffs often see stories of large court awards and want to move in that direction, “holding out” for as much money as possible.
But that’s not always a wise idea. While the supposed average trial award is a million dollars more than the average settlement, a trial award is NEVER a sure thing.
There’s no formula one can use to determine what the right decision might be, but an attorney who’s well-versed in these kinds of cases can certainly make an educated recommendation after assessing the case and examining the details.
Nevertheless, the decision as to whether to settle or proceed to trial belongs to the plaintiff(s).
A good attorney prepares for trial from the start, but if the case doesn’t proceed in that direction, he/she is prepared to help the plaintiff make the best decision possible.
The truth is that very few cases actually go to trial, so injured parties should be open-minded about their options.