Mesothelioma Settlement Amounts

Attorney Nick Oberheiden
Mesothelioma Lawsuit Team Lead
Founding Attorney

This is an active lawsuit and many of the allegations against the defendant(s) have been proven. The contents of this page reflect the allegations in the litigation.

Filing a mesothelioma lawsuit can, but will not necessarily, lead to a trial. In most successful cases, however, the plaintiff and the defendants will settle the matter through out-of-court negotiations. The process of settling a mesothelioma lawsuit is delicate, and the amount of compensation available to individual plaintiffs will depend on a number of complicated factors. Working with experienced legal counsel will make a difference.

If you have been diagnosed with mesothelioma, it’s time to explore your legal options and how a settlement from one of the companies that sold asbestos-contaminated products could help you move on. Contact us to talk to a member of the experienced team at Oberheiden Law Group today.

Verdict Versus Settlement

Once a mesothelioma lawsuit is filed, the path is set to the courtroom. There may be settlement discussions along the way, but a trial will be necessary if the mesothelioma claim is unsuccessful. At trial, the plaintiff and the defendant(s) will present their arguments, and the plaintiff will argue for the maximum compensation possible. The jury will deliberate at the conclusion of the trial to determine whether the defendant or defendants are liable and how much, if any, should be awarded to the plaintiff. If the judge agrees with the amount awarded, an order will be entered requiring the defendant to pay the plaintiff; however, the judge may determine the award to be too high and decrease it.

Settlement negotiations are different. Until the trial date, the companies facing liability and mesothelioma patients can discuss the merits of the lawsuit and the damages requested as often as they want. These discussions may occur informally in phone calls or emails between the attorneys, or they may occur in an out-of-court process known as mediation.

Mediation is facilitated by a neutral third party known as a mediator. The mediator cannot make decisions for the parties or compel them to agree; his or her role is to guide negotiations and hopefully help the parties reach a settlement agreement, resolving outstanding wrongful death claim. The mediator will meet separately with all parties to gauge their arguments and offer advice on how they might hold up in court. The mediator may also propose settlement amounts in consultation with the parties. If an offer is on the table, the mesothelioma plaintiff can decide whether to accept the final settlement offer or go to trial in consultation with his or her attorney.

The Benefits of Settlement

Compared to going to trial, there are several important advantages of reaching a settlement:

Control over the outcome: If your case goes to trial, the ultimate decision of whether and how much to award you lies with the jury and judge. You may receive nothing, or you may receive a low amount of money. In a settlement, the outcome is with you and the defendant (plus its insurers and lawyers). This gives you greater confidence that you will be fairly compensated.

Saves time: You are more likely to receive a settlement amount sooner than if you need to go to trial and win a verdict. There are several reasons. First, court dockets are crowded, and obtaining a trial date could take time. Also, motions filed by the defendants and the necessary hearings to dispense with them could cause delays. Finally, if the defendants do not agree with the verdict, they may appeal, further delaying mesothelioma compensation.

Reduces stress: There is a good chance that you are struggling with your physical and perhaps mental health due to your mesothelioma diagnosis and asbestos-related diseases. The assurance that comes with a quicker resolution through settlement negotiations can help alleviate that stress. Trials are sometimes necessary but they are generally more stressful events than mediation.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

How Much Will My Settlement Be?

No two mesothelioma cases are alike, so the settlement amount in one case will be different from the settlement amount in another. Several important factors will affect how much your settlement could be, including:

The number of defendants: Many mesothelioma plaintiffs file lawsuits against more than one defendant. The more defendants, the more complicated settlement discussions are. Your settlement could be higher if more parties are liable for your injuries.

The seriousness of your injuries: All types of asbestos exposure are serious, but some are worse than others. Mesothelioma generally ranges in severity from stage 1 to stage 4. More serious cases will require more expensive medical treatments since the asbestos exposure occured, which will impact the amount of settlement.

The nature of your damages: Medical bills are just one facet of settlement negotiations. Mesothelioma patients may also experience lost income, decreased work capacity, other financial losses, and non-economic losses that are more subjective, such as pain and suffering. The asbestos exposure history should be taken into account during your settlement discussions.

The attitudes and positions of the defendant(s): The defendants themselves must be considered. How large of a company or companies are you suing? Do they have ample insurance to cover lawsuit damages? Have they run out of money or declared bankruptcy due to other lawsuits? Are they willing to negotiate or are they prepared to fight through trial?

The law firm you choose: It is imperative that you select a law firm with experience handling asbestos litigation and settlements. Our approach is built on tireless advocacy for our clients, consistent responsiveness to our clients’ needs and concerns, and seeking efficient solutions to complex issues that arise in these cases.

Talk to a Lawyer About Seeking a Mesothelioma Settlement Today

Our firm understands what is at stake in asbestos lawsuits and how valuable settlement discussions can be. Our mesothelioma lawyers take this process seriously and are always open to exploring potential settlements that fairly compensate our clients. Whether you have a mesothelioma claim or a wrongful death lawsuit for the loss of a loved one, it’s never too early to start working with a lawyer to seek a settlement. Contact Oberheiden Law Group today to begin these important discussions.

Further Information About Our Mesothelioma Lawsuit Services

Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.