Asbestos exposure, often a result of negligence by relevant entities, poses a grave risk to health, leading to diseases like mesothelioma and lung cancer. In Pennsylvania, many victims of such exposure are left struggling not only with their deteriorating health but the ensuing financial burden as well. However, facilitating the legal action to secure just compensation is often complex and daunting.
But what is the average settlement for asbestos claim in Pennsylvania?
This blog post aims to answer this vital question and provide useful insights into the related legal processes.
What Is Asbestos?
Asbestos refers to a group of six naturally occurring minerals, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite, that feature durable, heat-resistant fibers. In the past, manufacturers incorporated it into a multitude of products, including construction materials and insulation, due to its robustness, resistance to fire, and imperviousness to corrosion by chemicals.
How Is Asbestos Linked to Mesothelioma?
People located near asbestos extraction sites or those who have handled products containing asbestos, like factory workers and construction laborers, are at an increased risk of exposure to asbestos. When tiny asbestos fibers are inhaled or swallowed, they can cause significant health issues, including a dangerous form of lung cancer known as Mesothelioma. This aggressive disease is typically tied directly to asbestos exposure, highlighting the hazards associated with this mineral.
What Are the Types of Asbestos-Related Diseases?
- Mesothelioma. A rare, aggressive form of cancer that affects the lining of the lungs, abdomen or heart caused by asbestos exposure.
- Lung Cancer. Caused by inhaling asbestos fibers, which can cause permanent damage to the lungs.
- Asbestosis. A chronic lung disease caused by inhaling asbestos fibers, resulting in scarring of lung tissue and shortness of breath.
What Are Asbestos Lawsuit Settlements?
Asbestos lawsuit settlements are legal agreements reached between asbestos victims and the responsible parties, typically asbestos manufacturers or corporations. These settlements provide financial compensation to victims diagnosed with asbestos-related diseases like mesothelioma, lung cancer, or asbestosis due to exposure to asbestos-containing products. These compensations offered through asbestos lawsuits cover various costs, including medical bills, loss of income, and emotional distress.
Negotiated by skilled asbestos attorneys, these settlements serve the dual purpose of helping the financial burden for the victims and holding the company accountable for its negligence and failure to warn about the dangers of asbestos exposure.
What Is the Average Settlement For Asbestos Claim In Pennsylvania?
The average settlement for asbestos exposure isn’t a fixed figure, largely due to the multiple factors that each case encompasses. However, Mesothelioma lawsuit settlements average between $1 and $1.4 million, although individual payments may be much higher. The largest asbestos settlement amounts are over $10 million.
Here are several critical factors that directly impact the settlement amount:
Medical Costs Incurred
A key component of personal injury lawsuits, including the ones for asbestos claims, revolves around the extent of incurred medical costs. Asbestos victims diagnosed with asbestos-related diseases like mesothelioma are subject to costly treatments such as chemotherapy, radiation therapy, surgeries, and possible participation in clinical trials. The significant medical costs also include regular clinical visits, long-term medication needs, and palliative care, all of which weigh on the final settlement sum.
Earnings Lost Due to Illness
Victims of asbestos-related diseases often face incapacitation to varying degrees, limiting their ability to work and earn a living. The lost wages and potential future income lost due to the debilitating nature of diseases like mesothelioma form a crucial part of the equation when calculating the average asbestos settlement. These financial losses are factored in to ensure adequate compensation for the victims.
Extent of Negligence
The level of negligence demonstrated by the defendant, often an asbestos company or a manufacturer, significantly influences the settlement amount. Suppose evidence shows that the company was aware of the risk of asbestos exposure but failed to implement safety measures or issue necessary warnings. In that case, it gravely impacts the outcome of the lawsuit.
Such gross negligence can lead to the awarding of punitive damages on top of the financial compensation, acting as a deterrent for similar future actions in the industry.
Asbestos Trust Funds
Victims may have to seek an asbestos trust fund claim in the event of the responsible company filing for bankruptcy. The disbursement percentage from these trust funds can markedly affect the average mesothelioma settlement amounts received by mesothelioma patients and other victims of asbestos illnesses.
Impact on the Victim’s Life
The impact of asbestos-related diseases on a victim’s quality of life is vitally considered in determining the compensation amount. The assessment of this impact includes the physical pain and suffering, loss of enjoyment in daily activities, and resulting mental distress that the victims undergo.
Quality of Legal Representation
The legal representation’s competence, manifested by the mesothelioma lawyer or the asbestos attorney representing the victim, significantly shapes the asbestos claim payout. An experienced asbestos law firm that specializes in asbestos litigation and has a track record of successful mesothelioma lawsuit settlements can negotiate more substantial compensation for the claimants.
When Should You File an Asbestos Claim?
- Medical Diagnosis. The moment of medical diagnosis plays a determining role in when you should file an asbestos claim. If you’ve been diagnosed with an asbestos-related disease such as mesothelioma, lung cancer, or asbestosis, you might be eligible for compensation. Contact an asbestos lawyer to discuss the potential for a legal claim as soon as you receive your diagnosis.
- Statute of Limitations. The statute of limitations dictates the specific time frame within which you can file a claim. This duration varies from state to state. In most instances, the countdown begins at the time of your diagnosis. It’s important to consult with an experienced attorney as early as possible to ensure you do not miss the deadline for filing your claim.
- Exposure History. Your history of asbestos exposure is a significant factor in timing your claim. You must establish the time frame and location of your asbestos exposure and identify the responsible parties. This process can be time-consuming and complex, reinforcing the need for early action and experienced legal representation.
- Settlement or Trial. The choice between pursuing a settlement or going to trial can influence the timeline for filing your claim. While a settlement might be quicker and less stressful, it may result in a lower compensation amount compared to a trial verdict. Your attorney can advise on the best course of action based on your unique circumstances.
Why Pursue an Asbestos Settlement?
1. Compensation for Medical Costs
One primary reason to pursue an asbestos settlement is the escalating medical costs associated with asbestos-related diseases like mesothelioma, lung cancer, or asbestosis. Diagnoses often entail expensive treatment like surgery, chemotherapy, radiation, immunotherapy, and palliative care. The settlement from an asbestos claim helps cover these exorbitant medical costs, lifting part of the financial strain off the victim’s shoulders.
2. Reimbursement for Lost Income
Asbestos-related diseases can significantly inhibit a victim’s capacity to continue working, resulting in a devastating loss of income. An average asbestos settlement takes into account both past and future wage losses, thus helping sustain the victim’s and their family’s livelihood.
3. Ensuring Accountability From Asbestos Companies
Many asbestos companies knew about the risks of asbestos exposure but failed to disclose these to their employees or consumers. An asbestos settlement holds these companies accountable for their actions, or rather their lack thereof, and deters other companies from engaging in similar behavior.
4. Securing Future Financial Security
An asbestos lawsuit settlement amount can provide victims and their families assurance of future financial stability. This becomes particularly crucial in cases where the victim is the primary breadwinner. It aims to ensure that families can navigate their future economic obligations without being overwhelmed.
5. Funding Future Asbestos Victims
Pursuing compensation through Asbestos Trust Funds can help fund the compensation for future asbestos victims. Many companies responsible for asbestos exposure have set up these trust funds as part of bankruptcy protection proceedings. By claiming a settlement from these funds, victims indirectly contribute to the cause of other victims impacted by asbestos exposure.
6. Access to Experienced Legal Professionals
Asbestos litigation can be complex and requires the expertise of experienced asbestos attorneys to navigate successfully. Pursuing a settlement allows victims and their families to gain access to skilled legal professionals who can effectively advocate for their rights and secure the best possible compensation.
7. Addressing Non-Economic Damages
Asbestos-related diseases impact victims beyond their financial repercussions. They often lead to pain and suffering, emotional distress, loss of quality of life, and other non-economic damages. While these impacts can never adequately be quantified, an average asbestos settlement attempts to provide some form of redress for these non-economic damages.
How Do Asbestos Exposure Lawsuit Settlements Work?
Determining Eligibility for an Asbestos Claim
The initial step taken by mesothelioma lawyers is determining whether or not you qualify for asbestos trust fund claims. You become eligible when diagnosed with an asbestos-related illness or if you were exposed to asbestos-containing products and were exposed to risk. Eligibility also depends on the statute of limitations, varying between one and six years in different states.
Gathering Evidence for Your Claim
Once eligibility is confirmed, the process of collecting necessary evidence initiates the building of a robust case. This involves documenting your medical condition, evidenced by a mesothelioma diagnosis or a lung cancer diagnosis caused by asbestos exposure. Moreover, records of employment history and exposure to asbestos fibers through various types of asbestos products are also gathered.
Filing an Asbestos Lawsuit or Trust Fund Claim
The next step involves an asbestos lawyer preparing and filing a legal claim against the responsible parties. These can often be companies that manufacture asbestos-based products, knowing the dangers of asbestos but continuing with their production. If the company in question has declared bankruptcy, your lawyer might file a claim with the asbestos bankruptcy trust fund.
Negotiating an Asbestos Settlement
Most asbestos claims do not proceed to the trial stage and are instead settled out of court. Your attorney negotiates a settlement amount with the defense attorneys. The average asbestos settlement amount depends on various factors, like the extent of your illness and the level of negligence on the company’s part.
Receiving Asbestos Claim Payouts
Upon reaching an agreement, the defense pays the agreed-upon settlement amounts. These payouts are made either as a lump sum or periodic payments, depending on the agreement’s terms. An out-of-court settlement typically allows you to receive compensation faster than if the case proceeded to trial.
Appealing for a Verdict If No Settlement is Reached
If a settlement can’t be reached, the asbestos case proceeds to trial. Here, the court, after hearing both parties and reviewing the evidence, provides a jury verdict. In many cases, the jury verdicts in favor of asbestos victims, and they receive more substantial compensation as opposed to settlements, including payments for punitive damages.
Asbestos Claim After Death
It’s crucial to note that if the victim dies before the claim is settled, a wrongful death lawsuit can be filed on their behalf by their estate or family members. Therefore, even after a victim’s demise due to asbestos-related cancer or disease, the quest for justice and financial compensation could continue.
Seeking Legal Assistance
Considering the complex and lengthy nature of such legal proceedings, seeking assistance through experienced mesothelioma attorneys or asbestos law firms is highly advisable. An experienced asbestos attorney can guide you throughout the process, improve your chances of a favorable verdict or settlement, and ensure that you receive the maximum eligible amount for your asbestos lawsuit settlements.
Let Heiligman & Mogul, P.C. Help You Fight For Your Right
Asbestos-related diseases can bring emotional and financial strain. It’s crucial to seek legal guidance from a firm with decades of experience in asbestos litigation. Heiligman & Mogul, P.C. has a team of skilled asbestos attorneys dedicated to helping victims fight for the compensation they deserve.
Contact us today and allow our team to alleviate the financial repercussions of asbestos disease while you focus on your health and well-being