Even if you file a mesothelioma lawsuit and the case starts moving along, odds are it will end the way most of them do – with a settlement. In fact, in some lawsuits settlement negotiations begin as soon as a complaint is filed and the defending company becomes aware it has been accused of wrongdoing.
The reason for so many settlements is easy enough to understand. Both sides want something, and a settlement is the fastest way for both sides to get their way.
Plaintiffs want money, compensation for having to fight mesothelioma cancer because of asbestos exposure. Defendants usually want to get the claim out of the way quickly and at a minimum cost. Fighting asbestos-related lawsuits can get expensive, and there is no guarantee that the court fight will be a winning one.
The Mesothelioma Center offers a free informational packet that puts the settlement process in context with the disease of mesothelioma and asbestos exposure. Fill out the following form to get your custom-made packet sent to you overnight.
How Much Are Mesothelioma Settlements Worth?
The question everyone wants to know is: How much money can you expect when settling an asbestos-related lawsuit? The answer: It depends. Settlements can range from moderate amounts to incredibly large amounts – of millions of dollars. Because many settlements are never made public, it’s helpful instead to look at court awards. Some of the highest court awards include these cases:
- $250 million was awarded to 70-year-old Roby Whittington from U.S. Steel after being diagnosed with mesothelioma
- $34.1 million was won by a previous employee of Shell Oil Company in Wood River, Illinois after the plaintiff developed pleural mesothelioma
- $33.7 million was awarded to the wife of a California resident from Foster Wheeler Corporation in a wrongful death lawsuit
Not every asbestos-related lawsuit results in such high settlements. Most settlements are tied to the cost of medical expenses, lost wages and other costs built up from fighting an asbestos-related illness. They are also tied to the facts of the case itself. For instance, whether a company knowingly exposed an employee to asbestos and did not protect the employee or make the worker aware of potential exposure. In those kinds of cases, multi-million dollar settlements are possible.
Whether you can recover more money from a trial verdict or from a settlement is difficult to determine. Again, the circumstances of your case will dictate the outcome.
Settlement Process
The settlement process doesn’t start out as a settlement. It starts with a mesothelioma attorney preparing to present a case to a judge and jury.
“We’re prepared to take every one of our cases to trial. A very small percentage, though, ever get to a verdict,” said Dan Kraft, an attorney for Weitz & Luxenberg who won a $22 million asbestos-related verdict against Goodyear in 2011.
If the defendant has settled – or lost – cases in the past, it may want to settle the latest claim quickly without going through the case process again. However, settling early may not provide proper compensation for your expenses or for the damage asbestos exposure has done to your life.
Generally, a defendant first will offer an amount much lower than what it can and will pay. You may benefit from holding out for another (better) offer. This is one example where an experienced mesothelioma attorney can help you evaluate your options.
Even right before a mesothelioma trial starts, the defendant’s lawyers may make another settlement offer. If no settlement is reached before trial, yet another settlement offer could come during the trial. What’s more, if there is more than one defendant in the case – if you sue multiple companies, which is common – some companies may settle while others may choose to take their chances at trial.
“The great majority settle before (trial),” Kraft said. “The pressure of a trial allows us more negotiating power. As the trial gets closer, everyone is keenly aware of what might happen. The reason defendants settle is that they realize they made the asbestos product, and we’ve done everything possible to prove the liability, the case against them.”
One of the reasons lawsuits are settled out of court is when a defendant fears it can’t win the case. Some of the reasons that can encourage a defendant to settle:
- The 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 trial
- Sudden unavailability of a key witness or expert needed to win the case
- Mounting legal fees
The process of settling your case probably will include the defendant’s insurance company. That should not concern you or impact you. This is another area your attorney will handle, but your attorney will get your approval before accepting or rejecting any offer.
If you do agree to settle your case with a defendant, you will have to drop your claims against that defendant. You may also have to agree to keep the settlement terms private. As part of the settlement, the defendant will not necessarily admit responsibility. These details are all part of the settlement process, things your attorney will negotiate on your behalf.
Attorney Fees
Keep in mind that your attorney will receive a percentage of any award or settlement. The percentage can vary if you negotiate a settlement rather than win in court. When determining the minimum acceptable amount of a settlement, be sure to account for the percentage your attorney will receive. These percentages will be determined at the beginning of your case, and your attorney usually will not take any money until the case is finalized and you have received compensation.
You will likely receive your compensation in installments rather than in one lump sum, especially if the settlement is very large. Exactly how you want your payments is something you should discuss with your attorney during the settlement process.