The Million Dollar Mesothelioma Payout: What Patients Should Know

If you or someone you love has been diagnosed with mesothelioma or another asbestos-related illness caused by negligent manufacturers, you may be entitled to significant compensation.

For many victims and their families, this can mean financial recoveries that exceed $1 million. Sadly, far too many never realize the true value of their claim or receive the full support they deserve.

The Mesothelioma Fund, together with our trusted legal partners, is here to change that. We’ll help you understand your eligibility, estimate the potential value of your claim, and guide you through the process, all at no cost to you. Contact us today for your free case evaluation.

Breaking Down the Million-Dollar Average Payout for a Mesothelioma Diagnosis

When victims first begin exploring mesothelioma compensation, there are a lot of numbers that appear over and over again. The most critical one is the often-quoted $1 million average payout for qualifying claimants. But how can you tell if you qualify, and where does all of that money come from?

Most claimants who receive this level of financial recovery work with experienced mesothelioma attorneys. These legal experts guide clients through the different avenues available, helping them choose the options that best fit their needs and the specifics of their case.

Legal compensation for mesothelioma generally falls into two main categories, with one of the most common being lawsuits.

Mesothelioma litigation itself can be further divided into two primary types:

• Personal injury lawsuits are filed by individuals who are still living and have been harmed by non-bankrupt asbestos companies. These claims allow victims to recover damages for medical expenses, lost income, and more, and may also include punitive damages designed to hold companies accountable and deter future harm.
• Wrongful death lawsuits are brought by the surviving family members or loved ones of someone who has died due to asbestos exposure. These claims provide a way for families to seek financial recovery for lost income, medical expenses, and the emotional pain and suffering caused by the loss of their loved one.

Lawsuits typically conclude in one of two ways: an out-of-court settlement or a trial verdict. While verdicts often result in larger awards, the trial process can take years and carries the risk of no payout at all. Even a favorable verdict can be delayed or reduced through appeals.

Settlements, on the other hand, are negotiated agreements reached outside the courtroom. They provide victims with quicker access to funds, and once signed, the agreement is legally binding and cannot be revoked by the company.

Victims can also seek restitution through asbestos trust funds, which were created by bankrupt companies to compensate current and future victims of asbestos-related illnesses. Payments from trust funds can begin in as little as 90 days. That said, payouts are often adjusted based on available resources, and many claimants receive less than the full value of their claim.

Additional compensation options include:

• Benefits from the U.S. Department of Veterans Affairs (VA)
• Workers’ compensation
• Social Security Disability Insurance (SSDI)
• Medicare/Medicaid
• Private grants and charities

How This Happens

Mesothelioma victims are not limited to a single form of compensation. In many cases, factors such as a company’s bankruptcy status determine which options are available. For instance, you cannot file a lawsuit against a company currently in Chapter 11 bankruptcy.

Many victims pursue claims against multiple asbestos companies while also exploring several forms of restitution. An experienced lawyer can guide you through these options, helping you understand which are available and estimating the potential value of your case.

It’s crucial to work with an attorney who considers your unique needs and preferences when deciding which paths to pursue.

Here are two examples illustrating how this works in practice.

What They Want

Client 1

This client needs compensation quickly. They want to avoid the stress of going to trial.

Client 2

This client wants to hold all responsible companies accountable. They are open to pursuing compensation through multiple avenues, including lawsuits.

Which Options Work Best

Client 1

For Client 1, their attorney might recommend seeking recovery exclusively through asbestos trust funds.

These funds typically provide quicker payouts and avoid the stress and uncertainty of a trial. In some cases, this approach may mean opting not to pursue claims against eligible companies that do not have established trust funds.

Client 2

Client 2 may choose to pursue recovery through a combination of lawsuits and trust fund claims, ensuring all potentially negligent companies are held accountable.

Following a lawsuit filing, they may have the option to settle out of court, granting access to faster compensation while minimizing stress.

What is The Average Result?

Client 1

Trust fund payouts may begin in as little as 90 days. The average scheduled value for a mesothelioma claim from a single trust is around $180,000.

While most trusts do not pay the full claim amount, many victims, particularly those eligible for multiple trusts, can secure substantial financial support.

Client 2

Victims pursuing multiple avenues of recovery can use the faster payouts from trust funds and settlements to cover immediate needs while awaiting the outcome of ongoing court cases.

On average, settlements range from $1 to $1.4 million, while trial verdicts can reach between $5 and $11.4 million.

Why Averages Can Vary So Much

While the average payout for qualified mesothelioma victims often exceeds $1 million, this figure is neither a cap nor a guarantee. Some claimants may receive significantly more, depending on factors such as medical expenses, degree of disability, work history, the companies responsible for exposure, and other relevant circumstances.

Consulting with an experienced mesothelioma attorney before beginning your claims process is essential to fully understand the potential value of your case and ensure you pursue every avenue of recovery.

Claim Factors & Impacts to Your Claim

Degree of Disability

Victims with more severe and disabling conditions like lung cancer or mesothelioma are generally eligible for more compensation.

Amount & Duration of Asbestos Exposure

Workers who were exposed to asbestos in high concentrations or for long periods of time are often able to pursue higher compensation. The ability to prove significant occupational exposure (SOE) is often a requirement for seeking some forms of compensation.

Total Medical Expenses

Patients with higher current and future medical expenses are often eligible to receive greater compensation.

Military Service History

Veterans exposed to asbestos during military service are often eligible for special compensation through the VA.

Degree of Negligence

The level of proven negligence by the asbestos company can influence the outcome of a claim. For example, a company that merely used asbestos in its products may be seen as less negligent than one that directly manufactured the asbestos components.

The Number of Companies Responsible

The more companies a claimant can prove were involved in their asbestos exposure, the more potential sources of compensation they have access to. Due to the widespread use of asbestos, many claimants can seek compensation from more than one company.

The Bankruptcy Status of The Companies

The bankruptcy status of asbestos companies affects which types of compensation victims can pursue. Companies currently in bankruptcy cannot be sued.

Those that have completed bankruptcy typically establish asbestos trust funds, allowing victims to seek compensation directly from the fund. Companies that have never filed for bankruptcy can only be held accountable through lawsuits.

Details of Your Specific Case

Perhaps the most important factor in determining your case’s value is the unique details of your situation. Asbestos was used across countless industries, meaning people from diverse backgrounds and experiences have all been affected by negligent manufacturers.

Your lawyer will work closely with you to understand the specifics of your claim and provide an estimated case value. This process may take time and require repeating information or answering similar questions, but accuracy is essential. Every detail can significantly impact the potential award.

Factors that impact case value include:

• Amount and duration of asbestos exposure
• Bankruptcy status of at-fault companies
• The number of companies at fault 
• The asbestos products involved
• Degree of negligence
• Disease severity
• Lost wages and earnings
• Military service
• Number of dependents
• Pain and suffering
• Source(s) of exposure
• Total medical expenses
• Victim’s age and gender
• Work history

Choosing Your Legal Path

When meeting with your lawyer, they should take the time to understand your financial needs and help map out the best approach for pursuing compensation. Every path has its advantages and drawbacks, and some claimants pursue multiple forms of recovery depending on the bankruptcy status of the companies involved.

• Mesothelioma lawsuits: Cases that go to trial and result in a verdict in favor of the victim often yield the highest awards. However, lawsuits can take years to resolve, especially if appeals are filed.
• Out-of-court settlements: Many claims are resolved through negotiations outside of court. While settlements are generally lower than trial verdicts, they provide victims with quicker, more predictable results.
• Asbestos trust funds: Trust funds offer the fastest access to recovery, with some victims receiving initial payments in as little as 90 days. Most trust funds, however, pay only a percentage of the total claim value to ensure funds remain available for future victims.

Confidentiality

Negligent asbestos companies often prefer to keep settlement details private. Publicizing these agreements can damage their reputation and give other victims insight into the potential value of their own claims.

To maintain confidentiality, many settlement agreements include a non-disclosure agreement (NDA), which prohibits the claimant from discussing the specifics of their case, injuries, or settlement amount after the payment is made.

How the Mesothelioma Fund Can Help You Determine the Value of Your Case

Victims of asbestos exposure and their families deserve strong support when seeking justice for the harm they’ve endured. Financial recovery can help cover medical bills, daily living expenses, and pain and suffering, hold negligent manufacturers accountable, and provide a more secure future for your loved ones.

The Mesothelioma Fund has assisted countless families in securing millions in recovery, with many eligible claimants receiving payouts exceeding $1 million. Our streamlined, stress-free process makes it easier for victims to pursue the compensation they need.

With a free case evaluation, you can quickly determine your eligibility and get an estimate of your potential claim. Reach out to the Mesothelioma Fund today to access the guidance, resources, and support that can help you start your path toward justice.

Written & Legally Reviewed By

Daniel Wasserberg, Esq. Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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