Mesothelioma & Asbestos Settlements

Fact checked and legally reviewed by Samuel Meirowitz • Contributor & Legal Advisor

According to Mealey's Litigation Report, the average mesothelioma settlement ranges from $1 million to $1.4 million.

Lawsuit settlements enable victims and their families to receive compensation from at-fault asbestos companies, holding them responsible for the harm they knowingly caused.

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Executives at asbestos companies knew about the dangers of asbestos and chose to continue using it anyway. Asbestos was a cheap way to make products more durable.

In many cases, these companies ignored research and worked to silence scientists and medical professionals whose work proved the dangers of asbestos. 

This willful negligence in pursuit of higher profits has left these companies open to legal action. Many of their victims have been left with no choice but to seek financial compensation for the injuries done to them to meet pressing expenses caused by an asbestos-related disease. 

One form of potential compensation is a mesothelioma settlement, a sum of money offered by an at-fault company to a victim for the harm done to them.

Unlike a trial verdict, which ranges from $5 million to $11.4 million on average, a settlement is a private agreement made outside the courtroom and must be accepted by both parties before it is finalized. 

An experienced mesothelioma attorney works with clients to help them understand which route — trial or settlement — is right for them and to seek the maximum possible compensation.

See if you are eligible for financial compensation.

Key Information

  • Average Settlement: The average mesothelioma ranges from $1 million to $1.4 million.
  • Family & Loved Ones: A mesothelioma settlement can be used to help pay for treatment costs and provide financial security for your family as a result of being exposed to asbestos by negligent companies and executives.
  • Settlement vs Verdict: Settlements are typically quicker, while a verdict goes through the entire trial process and offers payouts averaging between $5 million to $11.4 million.
  • Payout Timeline: Victims and families may begin to receive settlement compensation payments within 90 days of filing.
  • Legal Representation: An experienced mesothelioma attorney may be able to help you navigate the settlement process and seek maximum compensation.

How Mesothelioma Settlements Help Families 

Mesothelioma settlements allow victims of asbestos exposure to seek justice and compensation, helping them provide for themselves and their families during an extremely difficult time. 

Every victim is unique as are their reasons for seeking compensation. Whatever your reasons, a mesothelioma settlement can offer financial support quickly when you and your family need it most.

Some reasons to pursue a settlement include:

Holding Negligent Companies Accountable

Companies and executives knew for decades that asbestos was dangerous and decided to hide it from the public as long as possible to maximize profits. They even threw away or downplayed numerous medical studies. 

Medical Expenses

With mesothelioma treatment costing $400,000 or more on average, settlement compensation helps take care of your medical bills so you can focus on your health.

Security for Your Family

Mesothelioma diagnosis often goes hand in hand with job loss. A mesothelioma settlement can go a long way to creating lasting security for your family during financial uncertainty and stress.

Quicker Compensation

Mesothelioma settlements may begin paying successful plaintiffs in as few as 90 days. Getting an award from a trial verdict is less certain and can take years as the case is tried and then potentially goes through the appeals process. 

Financial Freedom & Security

When going through a severe illness like mesothelioma, the last thing you want to worry about is money. A mesothelioma settlement allows you and your loved ones to focus on healing, not bills.

Justice for Pain & Suffering

It’s impossible to undo the damage done to an asbestos disease victim’s health, but seeking justice from at-fault companies helps ensure they pay for the harm they’ve caused. When victims seek justice, it’s also a strong deterrent against future negligent behavior.

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Mesothelioma Settlement Amounts

The average mesothelioma settlement is between $1 million and $1.4 million, according to Mealey’s Litigation Report, although settlements can vary based on a case’s circumstances.

Mesothelioma settlements tend to pay out quicker than trial verdicts, with payment starting usually within 90 days. This gives eligible victims and their families access to well-deserved funds they can use to cover expenses.

These funds are typically not taxable, but a good attorney can help you navigate any potential taxes and fees you may need to know about.

Average Settlement for Mesothelioma Cases

While the average mesothelioma settlement is between $1 million and $1.4 million, there can be significant variation depending on your case’s individual facts.

Some factors that can impact the settlement amount include:

  • The age at which you were diagnosed
  • The severity of your illness
  • The number of companies responsible for your exposure
  • Which companies are at fault
  • How the exposure occurred
  • Your ability to provide clear proof of exposure

In addition to these concrete factors, the experience and skill of your lawyer can also make an enormous difference in the compensation you receive.

A law firm specializing in mesothelioma settlements has the expertise and resources to help you maximize your potential compensation.

Mesothelioma Settlements Obtained by Our Partner Law Firm

Our partner firm, Meirowitz & Wasserberg, LLP (M&W), has over 30 years of combined experience in getting compensation for families affected by exposure to asbestos, including mesothelioma settlements and trial verdicts. 

A firm with a strong background in mesothelioma and asbestos lawsuits, Meirowitz & Wasserberg’s motto is, “We represent people, not corporations.” When taking on large companies and their legal teams, it is vital to have an experienced legal advocate on your side. 

M&W has helped secure over $360 million in settlements and verdicts for individuals and family members exposed to asbestos. Settlement and verdict payout amounts have ranged from the hundreds of thousands to over $32 million.

Noteworthy Recoveries Include:

  • $32 million for secondhand exposure to asbestos, leading to mesothelioma
  • $28.5 million for a former pipe fitter in New York with lung cancer
  • $5.1 million for a U.S. Navy machinist with mesothelioma
  • $4 million for a sugar mill mechanic with mesothelioma 
  • $3.4 million for a Navy boiler tender with mesothelioma
  • $3.15 million for a construction worker with mesothelioma
  • $2.3 million for a school custodian with mesothelioma  
  • $1.2 million for a U.S. Merchant Marine electrician with asbestos lung cancer
  • $1 million for a crane operator with lung cancer caused by secondary asbestos exposure
  • $1 million for an 89-year-old millwright with lung cancer
  • $450,000 for a maintenance worker and auto mechanic with mesothelioma

These amounts represent historical examples and do not guarantee the specific amount you may recover. Every case is different, and various individual factors are considered when determining a settlement or verdict.

Those interested in learning more about the value of their case can reach out to our firm for an individual case assessment. Our experienced lawyers will review the case, determine your eligibility, and help estimate the potential value of your claim.

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How Are Settlement Amounts Determined?

One of the leading factors for determining a settlement award is the patient’s ability to work. Mesothelioma patients often can’t work or earn money because they are focused on treatment.

Other factors taken into consideration include:

Work History

Victims must have a history with the company or its products. The victim’s work history must be documented (via paycheck stubs or income tax information) and corroborated by witnesses (former coworkers).

Jurisdiction

Each state has rules regarding product liability, negligence, and wrongdoing. States also have evidence requirements and time limits to file a lawsuit, called statute of limitations. Each requirement individually can impact settlement amounts.

Evidence of Negligence

During pre-trial discovery and depositions, the plaintiff’s attorney typically uncovers proof of the defendant company’s negligence.

In many cases, companies knew about the dangers of asbestos exposure but hid the information from employees. Many companies settle lawsuits instead of making these facts known to the public.

Evidence of Disease
Mesothelioma patients must undergo a series of medical tests before a diagnosis. Physicians document the test results to provide proof of the disease.

Companies usually make a low initial settlement offer after which the two sides begin negotiation. Since every settlement negotiation differs, some elements may be more relevant than others.

How Does the Settlement Process Work?

A mesothelioma settlement is a legally binding financial agreement that provides funds to injured asbestos victims from negligent companies.

The initial stages of litigation follow this pattern:

  1. The victim finds a law firm specializing in mesothelioma cases like Meirowitz & Wasserberg, LLP.
  2. The plaintiff and lawyer work together to identify companies liable for the asbestos exposure and gather supporting evidence. Documents showing the plaintiff’s work history and current medical diagnosis are necessary. 
  3. The attorney, working with the plaintiff, files the claim. The claim is either denied or a settlement is offered.
  4. If the settlement amount is unacceptable, the plaintiff and lawyer will begin the discovery process to uncover evidence for a possible trial.
  5. A new, larger settlement offer may be extended even during a trial. Plaintiffs can accept the settlement at any time.

After a mesothelioma lawsuit is filed, the courts generally fast-track the litigation because patients have urgent medical and financial needs. After the initial stages of the litigation, including discovery and depositions, attorneys discuss possible settlement terms.

Timeline to Get a Mesothelioma Settlement

The timeline for receiving a mesothelioma settlement can vary depending on the individual circumstances of the victim’s illness and the at-fault company. In most cases, payment begins within 90 days, but more complex cases can take years to resolve.

Factors that affect the timeline include:

  • The severity of the case
  • The number of at-fault companies involved
  • The amount of the initial settlement offer
  • The willingness of the at-fault company and its legal team to negotiate 
  • The financial circumstances of the at-fault company
  • The number of other mesothelioma lawsuits the company is facing

Factors Affecting Settlement Amounts

​​As a starting point for determining a settlement, attorneys on both sides consider several factors:

Asbestos-Disease Diagnosis

Patients who are diagnosed with mesothelioma are given more consideration regarding settlement amounts due to the severity of the disease and the long-term impact on the patient’s life and family.

Treatment Costs & Medical Expenses

Since mesothelioma cancer is such an aggressive illness, most patients must undergo costly treatments that may not be covered by insurance.

Attorneys consider treatment costs during settlement negotiations to help ensure patients have enough money to pay medical bills.

The cost of mesothelioma treatment on average is $400,000.

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Place & Duration of Asbestos Exposure

Dozens of companies ignored experts’ warnings about the dangers of asbestos. Instead, they put thousands of workers and their families at risk for exposure.

Most victims of asbestos exposure were harmed by more than one company. The more responsible companies a victim and their legal team can identify, the larger the potential settlement may be.

Lost Income & Increased Debt

Since mesothelioma treatment can be demanding and strenuous, many patients take sick or unpaid leave from their jobs, which may ultimately end in lost wages that can have a trickle-down effect on household finances.

Lost wages and potential lost income are considered during settlement negotiations to ensure victims and their families have needed funds.

Why Do Companies Agree to Settle?

Many, if not most, companies that used asbestos would prefer to settle asbestos lawsuits out of court. Some of the reasons include:

Settlement Offers Usually Cost The Company Less

Trials are expensive, and at-fault companies don’t want to spend money on a trial they may lose. If the defendant company loses, they could face a massive jury award and be required to pay the plaintiff’s attorney fees in addition to their own.

Trials Are Bad for Their Image

Defendant companies want to avoid the spotlight of a trial because it will make them look bad. Company leaders don’t want the company’s negligent behaviors to be rehashed in open court.

Simplicity When Facing Thousands of Lawsuits

Some more prominent asbestos manufacturers have scores of pending lawsuits, making it nearly impossible to take each to trial. Settlement offers are easier for these companies in the long run.

Settlement agreements commonly prohibit the plaintiff from pursuing further action against the at-fault companies.

Settle or Go to Trial

In most cases, negligent companies are eager to reach an agreement that provides an ample financial settlement. But when a settlement amount is lower than expected, mesothelioma victims must decide if they want to pursue a trial.

When faced with this decision, consider the following:

  • A settlement provides a guaranteed sum that can be used for any expenses.
  • A settlement is legally binding, so companies are obligated to pay.
  • Trials can be time-consuming, expensive, and emotionally draining.
  • If a trial outcome is found in favor of the company, victims will not receive any compensation.
  • If the trial finds in favor of the victim, the company can appeal the verdict, which can take months or years. During this time, victims will not receive any financial compensation.

Comparing Mesothelioma Settlements vs Trial Verdicts

A mesothelioma settlement is a negotiated agreement to provide compensation between a plaintiff and one or more defendants that occurs outside a courtroom.

Once a settlement agreement has been reached, the legally binding nature means that the at-fault companies must pay the agreed-upon amount.

A trial verdict is awarded at the end of a trial argued before a judge or jury. The amount of compensation awarded to the plaintiff is determined by the judge or the jury only if the defendant is found liable.

If the defendant does not agree with this amount, they can appeal the verdict, drawing out the process often for years.

Mesothelioma SettlementsMesothelioma Verdicts
The plaintiff and defendant have more control over the terms and outcomes.The outcome is in a judge’s or jury’s hands, with less control for both parties.
Quicker timeline to start getting compensation, often as soon as 90 days. Settlements are often offered before or early on in a trial.It takes longer to get compensation, potentially years, especially if the defendant chooses to appeal the initial verdict.
The plaintiff receives a guaranteed amount of compensation.Trials are risky, but successful plaintiffs are often awarded much higher compensation.
Settlement amounts are typically confidential, keeping details out of public record.Verdicts are public, with all details noted in public court records.
Settlements reduce the stress on the plaintiff.Trials can bring on additional stress.
There is no risk of appeal, once a settlement is reached, compensation can begin.There is a risk that the defendant could appeal, further delaying the opportunity for compensation.
The settlement process offers flexibility around negotiation for specific conditions requiring ongoing medical care, etc.There is little negotiation, as a judge or jury determines the award.
Compensation is guaranteed for successful plaintiffs.Compensation is not guaranteed. Trials have an all-or-nothing outcome with clear successful and unsuccessful parties.

How Mesothelioma Lawyers May Help You Maximize Settlement Amounts

When choosing a lawyer to represent you in a mesothelioma lawsuit, choosing a firm with experience litigating mesothelioma and asbestos cases is essential.

A good mesothelioma lawyer can help their clients in a wide variety of ways, including:

  • Gathering evidence and documentation
  • Proving asbestos exposure
  • Identifying all responsible manufacturers and companies
  • Navigating regulations and guidelines when filing
  • Ensuring that cases meet essential deadlines and don’t exceed the statute of limitations

Maximizing their potential compensation is the most crucial way a mesothelioma lawyer helps their clients. Mesothelioma lawyers have experience negotiating with asbestos companies and can often get higher awards than a layman working alone could.

Clients can help their lawyer by:

  • Diligently attending all medical appointments
  • Providing a complete medical and employment history to ensure your lawyer can identify all potential sources of asbestos exposure
  • Giving a complete picture of how their diagnosis has affected them and their family emotionally and financially
  • Following their guidance if they need to testify in a deposition or at trial

See If You May Be Eligible for Compensation Today

Meirowitz & Wasserberg, LLP has a long and proven track record of holding asbestos product manufacturers accountable for their negligence.

If you or a loved one is suffering from an asbestos-related disease like mesothelioma and you’re ready to seek justice, please reach out to our team of experts for a free case assessment. 

What is a mesothelioma settlement?

A mesothelioma settlement is a private agreement between a plaintiff and a defendant to compensate the injured party. Once an agreement is reached, settlements provide a guaranteed payment amount relatively quickly.

What is the average mesothelioma settlement?

The average mesothelioma settlement ranges from $1 million to $1.4 million.

Are mesothelioma settlements taxable?

Most personal injury settlements are not taxable. However, other money received from an at-fault company, like money awarded as punitive damages or for lost wages, may be subject to state or federal taxes. 

How long does it take to get a settlement?

It varies. Most settlements begin initiating payments in as little as 90 days, but others can take years to negotiate and settle.

How are settlements paid out?

Some settlements are paid as a lump sum, while others may be paid out over time or provide for ongoing medical care. This is one of the factors negotiated during the settlement process. 

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Written & Legally Reviewed By

Samuel Meirowitz

Attorney and On-Site Legal Advocate

Samuel Meirowitz is a member of the “Top 100 Trial Lawyers.” Mr. Meirowitz was named a “Rising Star” in 2013 & 2014 by Super Lawyers and then a Super Lawyer every year since 2016. In 2013, Mr. Meirowitz obtained what is believed to be the first multi-million-dollar asbestos verdict seen in more than two decades in a New York federal court. In that highly contentious matter, Mr. Meirowitz was able to convince the jury to hold a boiler manufacturer responsible for 60 percent of the $3.8 million awarded, despite the defendant’s attempt to escape all blame by pointing fingers at the plaintiff’s employer and the U.S. Navy (in which the plaintiff admirably served from 1966-70 during the Vietnam conflict). This verdict was upheld by the United States Court of Appeals for the Second Circuit.

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