Mesothelioma is a rare but aggressive form of cancer primarily caused by asbestos exposure. The prognosis of this illness is often poor. Many times, mesothelioma symptoms appear years after initial exposure. Because of this, mesothelioma is often diagnosed when it has advanced to later stages. Sadly, this means that many people die due to mesothelioma every year, leaving families devastated and facing significant financial burdens. However, for some families, it may be possible to file a wrongful death claim and seek compensation. A common question that families ask is, “What is the average wrongful death settlement for mesothelioma?”
What is Wrongful Death?
Not all families who lose their loved one due to mesothelioma can file a wrongful death claim and seek compensation. Only those whose loved one’s death was caused by another party’s negligence or misconduct are eligible to file a wrongful death claim. Often, wrongful death claims arise because companies failed to warn workers or consumers about the dangers of asbestos exposure. Manufacturers and contractors who fail to warn or protect people from the risks of asbestos exposure can also be held liable in wrongful death claims. Spouses, children, parents, other dependents, or the representative of a mesothelioma victim’s estate can file a wrongful death claim and seek various types of damages.
Damages Recoverable in a Mesothelioma Wrongful Death Claim
Usually, families can recover economic and non-economic damages through a wrongful death claim. Economic damages cover the financial losses associated with the deceased’s illness and passing. They include medical expenses, funeral and burial costs, and lost income or benefits. On the other hand, non-economic damages cover intangible losses, such as pain and suffering, emotional distress, loss of companionship, and loss of support and guidance.
What is the Average Wrongful Death Settlement for Mesothelioma?
There is no average wrongful death settlement for mesothelioma. How much a mesothelioma wrongful death claim is worth depends on the unique factors surrounding the case. The following are some of the factors that can impact the value of a mesothelioma wrongful death claim;
- The deceased’s pain and suffering: The amount of pain and suffering the mesothelioma caused the deceased before their death can play a vital role in determining settlement amounts. Cases where the deceased experienced severe pain and suffering may result in higher payouts.
- Medical expenses: The costs related to the medical treatment the deceased received before their passing can significantly affect settlement amounts.
- The evidence presented: The strength of the evidence against the defendant(s) can affect settlement amounts. Strong evidence demonstrating that the defendant(s) are to blame for the asbestos exposure that led to the deceased’s illness can potentially lead to higher compensation.
- Jurisdiction: State laws can affect settlement amounts. For example, caps on damages can dictate how much a family can recover in a mesothelioma wrongful death claim.
- The attorney: The skills of the attorney representing the family, including their negotiation skills, can affect settlement outcomes. Attorneys with a successful track record in mesothelioma cases usually secure higher settlements.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.