Asbestos Settlements

It has been proven beyond a reasonable doubt that asbestos is, and always has been, a direct cause of mesothelioma. As such, there have been an ever-increasing amount of asbestos claims being filed in local and federal courts across the nation. Consequently, both settlements and jury awards have nearly doubled over time when it comes to asbestos-related diseases and mesothelioma claims. Recently, however, asbestos settlements have changed dramatically as the sheer amount of cases in this area of the law have increased all across the country.

Should You Go to Trial or Take a Settlement, if Offered?

Trial verdicts and settlements are two distinct ways that a claimant may be compensated after filing an asbestos-related mesothelioma lawsuit. When a patient is diagnosed with mesothelioma and knows that the disease has a direct link to working with asbestos at a current or former employer, he or she should know that a claim can be filed against the company, so he or she can be compensated for related monetary issues, as well as suffering and pain. These matters either go to trial before a jury, or they settle before they go to court. Either option can be advantageous, though deciding which one is better should be judged on a case-by-case basis.

Settlements are made when both the plaintiff’s attorney and the attorney for the defendant negotiate on a fair sum to compensate the plaintiff for his or her damages and then they resolve the claim. Unfortunately, it can take years before a trial commences, and if the victim and his or her family are experiencing financial hardship due to mesothelioma, or other asbestos-related diseases, it may be best for him or her to accept a settlement, though trial verdicts usually pay out more.

Settlements must be agreed upon and papers must be signed indicating that agreement. That is because the payouts are legally binding on both sides. Plaintiffs agree on taking no further legal action and defendants are offering guaranteed payment within a specific time frame. On the flip side, a verdict for a specific amount of damages can be appealed and eventually overturned, so it may be safer for most claimants to go with what is promised by a settlement. As such, most mesothelioma lawsuits, not unlike other personal injury cases, are settled out of court.

Just remember that each state has its own statute of limitations when it comes to filing a claim regarding asbestos exposure. The clock usually runs from the initial diagnosis of mesothelioma, asbestosis, or other asbestos-related diseases. Here in Louisiana, the statute of limitations for filing a claim starts from the diagnosis and ends exactly one year later. If the victim has passed away, the statute of limitations on a wrongful death lawsuit covers a period of one year after his or her death.

Remember, the plaintiff’s payout is the amount that he or she will be compensated once attorney’s fees and costs have been paid. These payouts to victims and the estates and families of victims usually number in the millions of dollars, though they will always vary between cases. Just know that payouts received through the court, with regard to both personal injury and wrongful death mesothelioma lawsuits, will always be greater than those received through a settlement, however, they are not guaranteed, and can take years to come to fruition.

For example, the average trial verdict with regard to a mesothelioma claim stands at approximately $5 million to $11 million, while a settlement typically reaps around $1 million. However, settlements are paid out in less than a year, though they may take a bit longer in some matters, and are non-taxable, while the same cannot be said about judgments.

So, while both judgments and settlements have their pros and cons, a good asbestos-related mesothelioma attorney will assist the plaintiff in determining which scenario best suits his or her needs at the current moment.

Who Can Accept an Asbestos Settlement?

While just how much liability a business should assume in an asbestos case has always been a bone of contention, it has been long proven that most companies were well aware of the horrifying effects of asbestos exposure long before the government regulated, and later, semi-prohibited, its use. As such, victims of this indifference are entitled to the reparations that will compensate them, or their heirs, for their devastating losses. These losses include not only the quantifiable, such as the loss of wages and payment of medical bills, but also those that cannot be measured easily, like the claimants’ mental and emotional suffering, physical pain, and bodily trauma.

How is a Mesothelioma Lawsuit Settlement Decided On?

There are many items that are factored into a settlement offer. Some of the most important include:

Personal Damages

As a personal injury matter, it can be difficult to determine an appropriate amount of damages sometimes. Compensation may vary due to the amounts affixed to medical bills and loss of wages, but surely the hardest aspect to put a price tag on would be a claimant’s pain and suffering. There are really no standards for these and they are difficult to appraise appropriately.

Punitive Damages

On top of reflecting compensatory damages, which represent a plaintiff’s economic loss, and damages related to pain and suffering, a good settlement should also cover punitive damages. These are damages that are awarded for the sole purpose of punishing the defendant for bad faith and bad acts related to the claim. It goes without saying that these sanctions are put into place to deter companies from committing the same behavior in the future.

Determining the Business Responsible

When it comes to the company responsible, it may be difficult to prove its fault after twenty or more years have passed. After all, mesothelioma can sometimes take up to twenty or thirty years to develop after exposure. However, if a victim is forthcoming, and recalls the place and time of exposure, a knowledgeable attorney, working alongside the former’s doctor, should be able to pinpoint when the exposure occurred and should be able to make a case against the offending company. Of course, the statute of limitations will vary according to state.  

Disclaimer: Many companies also settle early to avoid paying extravagant court costs and law firms’ and attorneys’ fees, as well as to avoid negative publicity and bad press.

Why Would a Defendant Agree to Settle?

There are a slew of reasons why the defendant’s attorney may feel that it is better for his or her client to settle. Here are just a few:

• There Are No Sure Bets at Trial
• The defendant knows that it is likely to lose if the case is put before a jury, and would rather dictate the outcome and designate the amount paid.
• The Defendant Lacks Time to Prepare
• The defense mesothelioma attorney may have just been put on the matter and may not have enough time to conduct the research necessary for a trial.
• It looks as Though the Case Will Go in the Plaintiff’s Favor

Through the discovery process, the defendant’s attorney may have seen evidence or have read a deposition that he or she sees as being favorable to the plaintiff’s case. Figuring that the plaintiff is likely to win, he or she settles, saving money in legal fees and court costs.

Unavailability of a Key Witness

A witness or expert may not be able to make it to trial to testify, and the defendant knows that he or she won’t win without the former’s testimony.

Regardless of why the defendant chooses to settle, just remember that the more evidence that the plaintiff provides to his or her mesothelioma attorney, the easier it will be to come to an agreement regarding a reasonable settlement.

What is the Asbestos Settlement Process?

A settlement process starts when the mesothelioma lawyer begins to prepare his or her client’s case to be presented before the court. Remember, settlement negotiations can take place during or before a trial at any time. Sometimes, though not that often, they can take place after a trial ends. That said, here are the steps an attorney takes to prepare for a mesothelioma matter:

Filing the Claim

The attorney will work with the plaintiff to get all the relevant information and paperwork to construct a claim. The defendant company then has approximately 30 days to respond. They can either offer a minor asbestos settlement or deny the claim, which most will do.

Discovery

Discovery is the legal process where each side sends copies of everything they have, regarding the case, to the other side, so there are no surprises at trial and each side is thoroughly prepared. Each attorney will work hard to build a rock solid case, and if the defendant feels unsure of securing a win, he or she may offer a settlement to avoid going to trial.

Trial

Even as late as in the midst of a trial, the defendant’s attorney may offer yet another settlement to avoid a crushing trial verdict and bad publicity. Even if things are turning out positive for the plaintiff, his or her attorney may advise the former to take the settlement rather than risk losing a judgment after trial in the appellate court.

A good asbestos-related disease, lung cancer, and mesothelioma lawyer can advise plaintiffs of their options and whether or not taking a settlement offer would be the best legal option for them based on each individual’s case. Most lawyers are prepared to take any and all cases to trial, yet only a small percentage actually make it to the verdict stage. That is because settling a claim can be best for all parties involved. It is always best to confer with an attorney in these matters, however, before making a hasty decision. After all, he or she will also know about the many mesothelioma-related trust funds and how they may affect the claims in question.

Noteworthy Settlements and Verdicts

Usually settlement figures cannot be quoted as exact figures since the parties to a particular claim are most likely bound by confidentiality agreements. That said, every so often, a settlement amount may become public due to the sheer egregiousness of a particular matter, or because the amount paid out is unusually large. However, judgments are always a matter of public record. Here are just some of the most notable asbestos-related payouts:

1. Auto Mechanic Ed Robaey

Robaey was awarded $75 million by a New York jury, in 2017, in the state’s largest asbestos-related mesothelioma judgment to date. Asbestos gaskets found in car engines were found to be the cause of the mechanic’s illness.

2. The Widow of a U.S. Steel Employee

The venerable U.S. Steel company, in 2003, was ordered by the court to compensate the widow of a steel worker that died from mesothelioma, due to long term asbestos exposure, to the tune of $250 million. Rather than paying, the company instead negotiated a wrongful death settlement with the plaintiff, after the trial verdict, for an undisclosed amount.

3. Navy Machinist Robert Whalen

Navy veteran Robert Whalen was awarded $70.8 million in California, in 2014, when he sued asbestos company John Crane, Inc., a manufacturer of asbestos-laden gaskets, and other asbestos products, with which he worked while serving in the U.S. Navy for 26 years. Whalen was diagnosed with mesothelioma caused by asbestos exposure.

4. Talcum Powder User Stephen Lanzo

Mr. and Mrs. Stephen Lanzo III received damages totaling $117 million in 2018. The jury found Johnson & Johnson liable for the former’s mesothelioma diagnosis caused by talc products sold by the company and used by Lanzo from 1979 to 2003.

5. Barber’s Son Philip Depoian

Depoian was awarded $18 million, in 2016, by a California jury, due to the mesothelioma he developed from exposure to talc in his father’s barbershop over the years. 

Frequently Asked Questions about Asbestos Settlements

What is the Average Mesothelioma Settlement Amount?

It is difficult to pinpoint, but the average mesothelioma settlement amount can range between $1 million and $1.4 million, according to verified statistics. A claimant’s settlement may actually be more or less than these figures, since amounts typically differ due to each case’s unique details, such as the number of litigants, and whether the claim is for one’s personal injury or a wrongful death.

Is a Mesothelioma Settlement Taxable?

No, settlements of any kind are not usually subject to taxation. However, additional monies received due to lost income or emotional distress can be. The Tax Cuts and Jobs Act of 2017 has expanded the amount of damages that plaintiffs need to pay taxes on.

Who Receives Damages in a Wrongful Death Lawsuit Settlement?

A wrongful death settlement may go to surviving family members or loved ones or to the estate of the deceased, depending on the particular circumstances in each matter.

How Much Will a Plaintiff Have to Pay in Legal Fees?

Mesothelioma attorneys, and mesothelioma law firms, like most personal injury attorneys and law firms, work on a contingency basis. That means they will receive an agreed-upon percentage of one’s settlement or judgment, once an asbestos claim is resolved. If the mesothelioma victim does not receive payment, the attorney will not be paid any amount of compensation. As such, guaranteed payment gives an asbestos attorney an extra incentive to settle your case before it goes to trial.

When Will the Claimant Receive Payment of a Settlement?

This is difficult to answer, because every case is different. With mesothelioma claims in particular, it can take anywhere from a few months to over a year to begin receiving financial compensation from a settlement.

Installments are the preferred way to make payments, rather than one lump sum. This is because these settlement awards tend to be quite large. That said, there is wiggle room and a plaintiff should be able to discuss how he or she would like to be paid with the defendant’s insurance company.

In conclusion, if you worked with asbestos, and you believe that you developed mesothelioma as a result of exposure, you have options. Mesothelioma patients should contact an experienced and qualified mesothelioma personal injury and wrongful death attorney. In Louisiana, the law firm of Landry, Swarr, and Canella, located in New Orleans, will handle and negotiate your mesothelioma case, which can lead to a hefty settlement. Come in today for a free consultation and we will help you to understand your legal options and formulate an ironclad case using your medical records and our local expertise and knowledge to get the settlement and punitive damages that you are entitled to. Take legal action today!