Understanding Mesothelioma Settlements and Compensation

3 min read time
Headshot of Bret C. Gainsford, a Chicago-based wrongful death lawyer at Morgan & Morgan Reviewed by Bret C. Gainsford, Attorney at Morgan & Morgan, on January 9, 2025.
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Mesothelioma settlements provide much-needed financial relief to those impacted by this disease. Victims can shift their focus from expenses and hardships to relief and recovery.

At Morgan and Morgan, we have a team of attorneys with a solid history of fighting for families impacted by mesothelioma. If you’re wondering where to start, simply fill out our free case evaluation form in minutes. We might be able to represent you for free unless you win.

 

Types of Compensation in Mesothelioma Cases 

Compensation for mesothelioma varies from case to case. That’s because this cancer impacts victims and their families differently. With that said, the most common types of compensation for such cases include:

 

Medical Expenses

A standard mesothelioma treatment usually involves chemotherapy, and ongoing care. The last thing you want when battling mesothelioma is to worry about whether you can afford treatment.

If you have a viable claim, you may be able to obtain compensation that can help you to cover medical expenses, such as the cost of these treatments, hospital stays, and prescribed medications.

 

Lost Wages and Future Earnings

Given its aggressive nature, this disease can prevent you or a loved one from continuing your employment. Similarly, if you’re self-employed, you may not be able to attend your medical appointments, get the much-needed rest, spend time with your loved ones, and at the same time run your business.

That’s where compensation for lost wages and future earnings kicks in. It replaces lost income and accounts for wages you or your beloved would have earned had they not fallen ill.

 

Pain and Suffering

Mesothelioma also causes emotional distress and a reduced quality of life. Many families worry about the possibility of losing their loved ones. On the other hand, those who’ve already lost their loved ones have to live with this pain for the remainder of their lives.

The treatment itself can be painful and stressful for victims. For example, while surgeries like pleurectomy or pneumonectomy help remove cancerous tissues, they are painful.

Chemotherapy isn’t fun, either. It can cause fatigue, nausea, and discomfort. You or your loved one don’t deserve this. The least the other party can do is offer some form of compensation for the pain and suffering they’ve caused.

 

End-of-Life Costs

In the unfortunate event that a loved one succumbs to the cancer, eligible loved ones can file a wrongful death claim. Compensation for such a claim can cover funeral and burial expenses.

That way, grieving families won’t have to carry the financial burden of giving their loved one a befitting funeral.

 

Factors That Influence Settlement Amounts 

One important thing to note is that each mesothelioma case is unique. That’s the primary reason why settlements vary widely. Let’s take a look.

 

Severity and Stage of the Disease  

The stages of mesothelioma are as follows:

Stage 1: Cancer is localized to the lung lining.

Stage 2: Spreads to nearby tissues or lymph nodes; symptoms increase.

Stage 3: Affects deeper tissues and organs; treatments intensify.

Stage 4: Metastasizes to distant organs; focus shifts to symptom management.

 

Medical Costs and Length of Treatment

Long-term care, including surgeries, chemotherapy, and palliative care, can someimtes factor into the overall settlement amount. This is a way of making sure that victims receive adequate financial coverage.

As we saw earlier, treatment for mesothelioma is usually very expensive. While your insurance company might cover part of the costs, the scope of coverage depends on the terms of the insurance policy.

 

Impact on Earning Potential

Younger victims or those in higher-paying careers may be entitled to larger settlements to account for lost future income. Courts also consider how the illness affects the victim’s ability to support dependents. 

A good mesothelioma attorney will evaluate how such a diagnosis will likely or has already impacted the young family from a financial standpoint. They’ll then factor this loss into the final settlement amount their client is entitled to.

 

Choosing Between Settlement and Trial

Deciding whether to accept a settlement or go to trial will depend on many different factors.

 

Advantages of Settling Out of Court

Settlements offer a quicker resolution out of court. In fact, more than 99 percent of mesothelioma cases are resolved before going to court. For this reason, victims won’t have to worry about the stress and uncertainty of a trial.

This option also reduces the legal costs involved in pursuing compensation for mesothelioma victims. Lastly, it ensures that compensation is received sooner, which is a major advantage given how financially demanding this disease can be to the victim and their loved ones.

 

When Going to Trial May Be Necessary

If the settlement offer is unfair or does not adequately cover the victim’s expenses, then pursuing a trial may be the better option. The same applies if you have a strong case and the other party refuses to settle.

Keep in mind that trials, though more time-consuming, can sometimes result in larger compensation amounts. Your attorney should be able to represent you through the settlement process and also be ready to fight for you in court if the need arises.

 

Let Morgan & Morgan Help You 

Morgan & Morgan, America’s largest personal injury law firm, has been fighting For the People since 1988. Our attorneys have extensive experience handling mesothelioma cases and a track record of securing favorable outcomes for victims.

We understand the complexities of asbestos-related cases and how important it is that you get the financial compensation you need to plan ahead. Don’t wait—get in touch with us today for a free, no-obligation case evaluation. If we take on your case, we won’t charge you anything unless we secure a settlement or verdict for you.

Disclaimer
This website is meant for general information and not legal advice.

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