A mesothelioma wrongful death claim can help the immediate family members to recover compensation for the damages they suffered as a result of the loss of their loved one. The settlement can help them pay for the costs incurred during treatment, replace lost income, compensate them for their pain and suffering, and even help the family secure their financial future.
Average Wrongful Death Settlements for Mesothelioma
Because of the lengthy process involved, most mesothelioma lawsuits are often settled before going to trial. However, even if the case ends up going to trial, plaintiffs who win are awarded compensation based on factors like lost income, medical expenses, pain and suffering, and even punitive damages.
If you have recently lost a loved one due to mesothelioma and have already filed a wrongful death lawsuit, you are probably wondering what is the average wrongful death settlement for mesothelioma.
Well, it’s often a little bit difficult to estimate the average wrongful death settlements that plaintiffs receive as there are various factors involved in determining the amount. These factors include;
- Medical expenses
- Lost income
- Duration of asbestos exposure
- Pain and suffering
- Emotional distress
- Number of dependants
- Work history (number of accountable companies)
- Punitive damages
So if a lawyer promises you that you will get a certain amount for your settlement after the verdict is ruled in your favor, they are probably making a rough estimate. Perhaps the only possible way to estimate the average settlement amount is by reviewing past cases in which plaintiffs have been awarded wrongful death settlement.
A quick review of mesothelioma wrongful death settlement history shows that the average payouts range from 1 million to 1.4 million dollars. There are instances where plaintiffs have received more than 10 million dollars in settlement. A good example is one California family that was awarded 11 million dollars in a mesothelioma wrongful death lawsuit. This was after the death of Gordon Bankhead(1), an employee who was exposed to asbestos while working as a “parts man” in a company.
Mesothelioma Wrongful Death Lawsuit Requirements
If you are planning to file a mesothelioma wrongful death lawsuit, it’s important to ensure that your loved one had not filed a claim before his demise. As per the lawsuit requirement, there should be no double compensation. This means that if the responsible party had already compensated your loved one before his death, you are not eligible to file another claim.
Another requirement is that you should only file a lawsuit within the set statute of limitations. A statute of limitations is basically the time limit for filing a legal case. According to the law, a mesothelioma wrongful death lawsuit should be filed between 1-3 years. This period may be affected depending on the laws set by the state you live in.
If your spouse, parent, or someone in your family has passed away following a mesothelioma diagnosis, file a lawsuit as soon as possible to help you and your family obtain the compensation you deserve.
Your attorney will guide you through the entire process and collect the necessary information needed to help you win your mesothelioma wrongful death settlement.
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