The average mesothelioma settlement pays between $1 million and $1.4 million, while the average mesothelioma trial verdict is $2.4 million. Settlements from a mesothelioma claim provide guaranteed compensation to patients or loved ones. Settlement compensation can be paid out in as little as a few months.
Understanding Mesothelioma Settlements vs. Verdicts
Mesothelioma settlements and verdicts are two different ways of achieving compensation through an asbestos claim. While there are many differences between settlements and verdicts, both offer a variety of benefits to patients and families coping with mesothelioma.
Settlement: A settlement is achieved when your attorney and the defendant negotiate a fair compensation amount to resolve the claim.
Verdict: A verdict is compensation issued by a jury or court at the close of a mesothelioma trial.
Payout: The payout is the amount of compensation you receive once the attorney’s fees and costs have been paid.
Mesothelioma Award Amounts
Average mesothelioma settlement payout: $1 million to $1.4 million
Average trial verdict amount for mesothelioma: $2.4 million
Largest mesothelioma verdict: $250 million (in 2005)
Source: 2016 Mealey’s Litigation Report
Benefits of a Mesothelioma Settlement
While a trial verdict may result in a larger award, there is no guarantee a jury will side with you. Qualified mesothelioma attorneys know there are no sure bets in a trial. The amount you can negotiate in a settlement may be smaller than what you could win in a trial verdict, but the compensation will be guaranteed.
The decision to settle or go after a verdict is best made with the advice of an experienced mesothelioma attorney. These lawyers understand the nature of malignant mesothelioma and other asbestos-related diseases.
The more evidence you gather to support your case, the easier it will be to agree on a reasonable settlement amount with a defendant company or companies.
Reasons a Defendant May Agree to Settle
Discovery of information that would likely lead to a favorable verdict for the plaintiff
A compelling deposition that favors the plaintiff
Lack of time to complete necessary research before a trial
Sudden unavailability of a key witness or expert needed to win the case
Mounting legal fees from a drawn-out lawsuit
Average Mesothelioma Settlement Amount
The amount of compensation won through asbestos personal injury and wrongful death lawsuits varies from case to case. Many patients or their estates have received settlements and jury awards worth millions of dollars. Mesothelioma trust payouts remain significantly less than what claimants may be eligible to receive in court.
The time frame for a mesothelioma settlement varies, with some patients receiving a check in a few months to some waiting more than a year.
Notable Settlement Payouts
Exact settlement figures are usually kept private, and claimants often are bound by confidentiality agreements. However, some mesothelioma lawsuit settlement amounts tend to become public from time to time.
Illinois:
In 2005, U.S. Steel was ordered to pay $250 million to the wife of a former steel worker who died of mesothelioma. U.S. Steel reached a post-verdict settlement for an undisclosed amount believed to be substantially less than the trial award.
Missouri:
In 2011, a circuit court judge approved a $10 million settlement to Nancy Lopez. The Jackson County courthouse employee was exposed to asbestos during a renovation project done by U.S. Engineering Company. A few years after Lopez died of mesothelioma, two of her former co-workers filed a lawsuit against Jackson County and the engineering company, resulting in an $80 million settlement.
Montana:
The mass asbestos exposure from the vermiculite mines in Libby resulted in two major payouts. In 2011, a district court judge approved a $43 million settlement covering more than 1,300 miners and their estates. A second class-action lawsuit awarded a $25 million settlement to more than 1,000 people in January 2017. Future settlements are likely as mesothelioma victims continue to file legal actions.
New York:
In 2006, Alfred D’Ulisse, a retired police officer and former brake specialist, reached a $25 million settlement with Daimler-Chrysler. The company had exposed him and many others to asbestos in automobile brakes.
Notable Trial Verdict Payouts
When plaintiffs and defendants don’t agree to a settlement, the case usually goes to trial. If jurors agree the defendants are liable, they will decide how much money the defendants should pay in damages.
California:
In November 2016, a Los Angeles Superior Court jury awarded Philip Depoian a record-setting $18 million verdict in a mesothelioma-talcum powder lawsuit. Depoian was exposed to asbestos-tainted talcum powder products used at the barber shop where his father worked.
Virginia:
A jury awarded former naval shipyard worker George Parker $6.5 million in March 2016. The jury determined John Crane Inc. was responsible for exposing Parker to asbestos, which led to his mesothelioma diagnosis. Parker worked with gasket materials containing asbestos at the Norfolk Naval Shipyard.
New Jersey:
In April 2018, damages awarded to Stephen Lanzo III and his wife totaled $117 million. A jury found Johnson & Johnson and Imerys Talc America liable for selling Lanzo asbestos-contaminated talcum powder products from 1979 to 2003, which led to Lanzo’s mesothelioma diagnosis.
New York:
In one of the largest verdicts of its kind in U.S. history, a jury awarded $190 million to five Weitz & Luxenberg clients in July 2013. The jury found boiler companies Burnham and Cleaver-Brooks negligent and reckless, which caused the plaintiffs to develop mesothelioma. W&L made history again in 2017, when a jury awarded Marlena and Ed Robaey $75 million in the largest single asbestos verdict in New York.