Mesothelioma Settlements and Verdicts
Nemeroff Law has recovered more than $650 million in mesothelioma settlements and verdicts for people diagnosed with this aggressive cancer and their families. Companies that knowingly exposed workers to asbestos owe compensation and our attorneys have spent decades making sure they pay it.
What Is a Mesothelioma Settlement?
A mesothelioma settlement is an agreement reached outside of court. The defendant agrees to pay compensation to the plaintiff in exchange for releasing future claims against them. Both sides negotiate until they reach an amount they agree to accept, without a judge or jury deciding the outcome. Most mesothelioma cases settle before reaching a courtroom.
Defendants in these cases are usually asbestos manufacturers, employers or their insurers. They’re often large corporations with significant legal resources that prefer to avoid the unpredictability of a jury verdict. For plaintiffs, a person diagnosed with mesothelioma or their surviving family, settling can also mean faster access to compensation to help cover medical bills.
Settlements are similar to asbestos trust fund claims in often being quicker avenues for compensation and many people qualify to pursue both at the same time. While settlements involve active litigation against an active and financially solvent company, asbestos trust claims are filed with funds companies create within bankruptcy proceedings.
At Nemeroff Law, our attorneys pursue every available avenue of recovery simultaneously. Our team investigates your full exposure history, identifies every liable party and files all claims you qualify for to get you and your family the compensation you need.
Mesothelioma Settlements vs. Verdicts
While negotiated settlements are reached before or during trial, a judge or jury decides a verdict after hearing a full case presented in court. Both types of compensation can help families cover mesothelioma treatment and other diagnosis-related expenses, but there are key differences.
Verdicts can include punitive damages, which are additional money the defendant is ordered to pay as punishment for especially harmful acts and to discourage others from doing the same thing. While verdicts can yield larger amounts than settlements, there’s no guarantee of a favorable outcome. Defendants can also appeal verdicts. You and your attorney will discuss the pros and cons of all options as your case progresses and determine what best meets your needs.
At Nemeroff Law, we believe in preparation that truly serves our clients. We approach every case as though it will go to trial, so we’re always ready for anything. This thorough readiness often makes a real difference in settlement discussions. When defendants know we’re prepared to effectively argue your case in court, they’re usually more willing to come to a fair agreement.
We’re fully prepared to stand by you in court and fight for the verdict you deserve if a reasonable agreement isn’t reached. We have successfully tried cases across the country, giving us a unique feel for local court dynamics, judges and juries. This invaluable insight means we can tailor an effective approach for your case from day one.
Mesothelioma Settlement Amounts: What to Expect
While mesothelioma settlements average in the millions, no two cases are identical. Total compensation amounts vary based on the specific factors of each lawsuit.
Nemeroff Law will thoroughly review your case and discuss potential compensation in your initial consultation. They’ll keep you updated on settlement offers and negotiations as your case progresses.
Average Mesothelioma Settlement and Verdict Amounts
According to Mealey’s Litigation Report, nationally mesothelioma settlements average between $1 million and $1.4 million. National settlement averages are often based on large, publicly reported cases, not the vast number of private, confidential settlements. These averages may not reflect your specific situation, and you should always discuss your unique case with your lawyer.
When cases go to trial, verdicts tend to run significantly higher. According to the 2024 Mealey’s Litigation Report, the average trial verdict is $20.7 million. However, it’s important to remember a small number of exceptionally large awards can dramatically elevate this average, rather than reflecting the typical outcome of most trials.
In addition to personal injury and wrongful death lawsuit settlements and verdicts, asbestos trust fund payouts average around $180,000 to $200,000 per trust, according to RAND Corporation. Some people qualify to file claims with multiple trusts and may be able to file trust fund claims, lawsuits, workers’ compensation and VA benefit claims. Nemeroff Law has helped clients secure financial assistance from multiple sources and achieved compensation well above national averages.
What Affects Your Mesothelioma Settlement Amount?
Settlement amounts reflect the strength of the evidence presented, the specific harm the plaintiff has experienced and where your case is filed. The specific state or even county where your legal case is tried has its own unique laws, judges and juries that can all affect the amount of compensation you might receive.
Factors That Affect Settlements
- Age, health and life expectancy of the person diagnosed
- Impact on quality of life
- Jurisdiction where the case is filed
- Lost income and loss of earning capacity
- Number of liable defendants identified
- Past and projected medical expenses
- Speed of resolution needed based on the patient’s health status
- Strength and documentation of asbestos exposure history
- Type and stage of mesothelioma at diagnosis
- Whether punitive damages may apply, which is particularly relevant when a case goes to a verdict
No two cases produce the same outcome because no two people share the same asbestos exposure history, diagnosis or circumstances. What doesn’t change is our approach: We investigate thoroughly, identify every liable party and build the most complete case possible to ensure you receive fair compensation.
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What Damages Can Be Recovered in a Mesothelioma Settlement?
Mesothelioma settlements and verdicts can cover two broad categories of loss. Economic damages reflect quantifiable financial harms, like bills and lost paychecks, which add up fast after a diagnosis. Non-economic damages cover losses that don’t come with a receipt but are just as real such as pain, disruption to daily life and the overall toll a diagnosis takes on a person and their family. A well-built case accounts for both economic and non-economic damages and a strong settlement agreement reflects both.
Damages Typically Recovered in Mesothelioma Cases
- Emotional distress
- Funeral and burial expenses in wrongful death cases
- Future medical costs and long-term care needs
- Loss of consortium, which compensates a spouse or partner for the impact on their relationship
- Loss of earning capacity for cases involving younger patients or those still working
- Loss of enjoyment of life
- Lost wages and income the person diagnosed can no longer earn
- Medical expenses, including hospitalization, surgery, chemotherapy, radiation and ongoing care
- Pain and suffering
- Punitive damages in cases where a defendant’s conduct was especially reckless or willful
- Travel expenses related to treatment
Wrongful death settlements, which surviving family members file after a loved one has passed, can include many of these same types of damages. These settlements also compensate families for the financial support and companionship they’ve lost.
How Nemeroff Law Fights to Maximize Your Settlement
Nemeroff Law has recovered more than $650 million in mesothelioma settlements and verdicts across more than 3,000 cases won over 40+ years of practice. Our attorneys bring more than 150 years of collective experience to every case. That track record reflects decades of holding asbestos manufacturers accountable across the country, in courtrooms and at the negotiating table.
The resources we bring to each case include proprietary databases of asbestos-containing products and job sites that help our attorneys uncover difficult-to-trace exposure sources. In-house investigators reconstruct each client’s exposure history in detail, tracing the specific products, worksites and time periods that establish liability. A network of medical experts supports every claim with testimony that connects a diagnosis to asbestos exposure.
Your Nemeroff team will manage identifying defendants, gathering records, filing claims and negotiating on your behalf. And we’ll come to you so you and your family won’t need to travel. We serve clients in all 50 states and maintain offices in Dallas, Houston, New Orleans, Pittsburgh and Salt Lake City.
What It’s Like to Work with Nemeroff Law
Working with Nemeroff Law starts with a free consultation with one of our lawyers. There’s no obligation and no upfront cost. We’ll listen to your situation, evaluate your case and discuss the best approach for your case. We’ll gather all of the records and documentation needed to begin building your case and file all claims you qualify for.
We’ll maintain clear and consistent communications throughout the process from initial evidence-gathering to settlement negotiations. We’ll ensure you and your family have everything you need to make empowered decisions about your case.
We work on a contingency basis, which means you won’t owe anything unless we successfully secure compensation for you. We cover all case expenses and only get paid when you do, aligning our success with yours.
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Frequently Asked Questions About Mesothelioma Settlements
Mesothelioma settlements average between $1 million and $1.4 million, according to Mealey’s Litigation Report. Verdicts tend to run higher, with averages reaching into the tens of millions when cases go to trial. Those figures reflect national averages across thousands of cases and no two cases produce the same outcome. The amount any individual can recover depends on factors including diagnosis, exposure history, number of defendants and jurisdiction. Nemeroff Law investigates every one of those factors thoroughly and fights to maximize what each client recovers.
Some cases resolve in a matter of months, while others take a year or more, depending on the number of defendants, the complexity of the exposure history and whether the case goes to trial. When a client’s health status makes speed a priority, Nemeroff Law treats that urgency as a central part of our legal strategy, working to reach a resolution as quickly as possible without sacrificing compensation.
Yes. Surviving family members can file a wrongful death lawsuit to seek compensation for medical expenses, funeral costs, lost financial support and loss of companionship. Some states have laws (known as survival actions) that ensure any legal cases or claims a person had begun while alive can continue even after their passing. Statutes of limitations for wrongful death claims vary by state and typically run from the date of death, not the date of diagnosis. It’s important to contact an attorney as soon as possible.
Most mesothelioma cases settle before trial, but Nemeroff Law prepares every case as if it will go to trial from day one. If a defendant won’t offer fair compensation, we leverage our experience to litigate your case in court.
Nemeroff Law works on a contingency fee basis. You won’t pay anything or owe any legal fees unless we successfully recover compensation for you. That means anyone can access experienced mesothelioma representation regardless of their financial situation. Contact Nemeroff Law directly to confirm the specific fee structure for your case.
D. Carl Money
D. Carl Money is a mesothelioma trial attorney and retired Army Lt. Col. licensed in TX, NY and the UK.