Most people diagnosed with mesothelioma can obtain compensation. Victims of this disease often face significant medical expenses, lost wages, and a diminished quality of life and concerns about the financial positon of a spouse and family after they die.
Legal claims can be critical step in obtaining the financial compensation necessary to cover these costs. One of the most common questions we are asked by clients is “How much do mesothelioma claims typically settle for?”
While the amount varies depending on variety of factors, a typical settlement of a common law claim is about $550,000- $650,000 after payment of legal costs, plus any amount for economic loss, but may be a great deal more depending on the individual.
Types of Mesothelioma Compensation payments
Sufferers of mesothelioma can obtain compensation from several different sources. These include:
- A common law claim. This is generally the most significant amount, and the information below relates to this type of claim. A common law claim is a single lump sum amount. Most common law cases settle. If they do not settle then any compensation is determined by a judge, or, in some states, by a jury.
- Statutory Awards. Some states have statutory schemes that provide additional, or alternative payments of compensation for some sufferers. Some of these are pensions, and others lump sum payments.
- Insurance payments, such as TPD, loss of income, etc. Some people have entitlements under insurance policies that are generally part of their superannuation.
Factors Influencing coom law mesothelioma settlements.
The amount of compensation that can be obtained through a mesothelioma claim varies depending on each case. These include:
- The state in which the exposure occurred: In determining a settlement, the law of the state where a person was exposed to asbestos is used. Certain types of damages are only available in some states. The method of calculating other types of damages also changes between states.
- Pain and Suffering Mesothelioma causes significant physical pain and suffering. Compensation for these non-economic damages is normally the most substantial part of any claim. The manner in which an individual’s disease develops, such as the extent to which they have needed treatment, side effects they have suffered, and their individual experience of the disease, impact this amount. While there are some variations, it is generally between $450,000 and $550,000.
- Medical Expenses and out of pocket expenses: The costs associated with treating mesothelioma, including surgery, chemotherapy, radiation, and ongoing care, are covered unless, as is the case for people exposed in the course of employment in NSW, these costs will be meet by a statutory benefit. This amount is normally between $50,000 and $100,000.
- Care needs: The value of gratuitous care provided by family members and others as a result of the disease is compensable. Occupational Therapists normally provide a report of the care that has been and will be required. Typically, an amount of between $50,000 and $100,000 is recovered for this kind of loss.
- Care of others: In most states (not Western Australia) the value of gratuitous care that the person with mesothelioma would have provided to others, such as their spouse, or children is compensable. The provided by family members and others as a result of the disease is compensable. Occupational Therapists normally provide a report of this care as well.
- Lost Wages and Future Earnings: If the sufferer was still working at the time they become ill compensation for lost wages and the loss of potential future earnings are generally included.
- Legal Costs: Settlement generally allow legal costs. The amount of the legal costs will depend on how much work has been needed. Typically, a defendant will pay about 80% of legal costs, with the balance coming from the settlement amount.
Average Settlement Amounts
While each case is unique, mesothelioma settlements are typically at least $550,000 and may, in cases of economic loss, or where there is a great deal of care, be in the millions of dollars.
Segelov Taylor Lawyers
A significant factor as to any settlement is the quality of the legal representation. Mesothelioma compensation claims are a specialist area of law. Tanya Segelov, of Segelov Taylor has been acting for mesothelioma victims for more than 25 years. She is able to guide the claim to be best outcome, as quickly as possible, and with as little distraction or disruption as possible.
Segelov Taylor are specialist mesothelioma compensation lawyers. We act on a no win, no fee basis in all mesothelioma claims. Contact us today for a free case assessment.