Asbestos exposure diseases are normally fatal, asbestos providers recklessly used this substance, and the plaintiff’s winning percentage in mesothelioma trials is about twice as high as the winning percentage in other personal injury matters. These three factors combine to make the average asbestos payout more than $900,000.

Wrongful death survivors generally need and deserve more compensation than injury victims. These incidents cause massive economic losses and noneconomic losses that are almost incalculable. For many years, asbestos providers knew about this mineral’s health risks. But they ignored those risks so they could continue to use this cheap substance. 

Finally, a personal injury case is a little like a poker game. The insurance company knows it holds a losing hand, so it often folds faster than Superman on laundry day.

These factors are very encouraging, but they don’t guarantee maximum compensation. An asbestos exposure lawyer cannot make such a guarantee either. However, the average attorney-negotiated settlement is over three times higher than the average non-attorney-negotiated settlement. In other words, a lawyer makes the most out of a good opportunity.

Until 2002, the United States was one of the largest asbestos producers in the world. Asbestos miners usually wore at least some PPE (personal protective equipment). This PPE often wasn’t enough to fully protect these workers from tiny asbestos fibers. 200,000 asbestos fibers can fit on a penny. Therefore, these toxic fibers easily pass through tiny pores on the skin.

A single fiber could cause pleural mesothelioma or another aggressive kind of cancer of the lungs, throat, stomach, colon-rectum, or ovaries. 

Office workers at asbestos mines generally never wore any PPE. So, they were completely exposed to floating fibers, when miners came into the office or when they went to the parking lot.

Many industrial workers, whether they used an adding machine or a wrench, faced similar risks. Most asbestos mined in the United States remained in the United States. The high supply kept prices low and demand up. Construction workers used many of these finished products.

Asbestos exposure risks don’t end there. Floating fibers often infected the friends and family members of these workers. These secondhand exposure victims are also entitled to asbestos payouts. 

Asbestos, Cancer, and Asbestos Payouts

We mentioned pleural mesothelioma above. Since this cancer is so aggressive, these victims normally have very high medical bills. Advanced cancer treatments usually cost tens of thousands of dollars a month. Moreover, these victims must endure almost unimaginable pain and suffering.

Substantial compensation is also available if the victim doesn’t survive, even if a pre-existing or non-asbestos exposure condition contributed to the victim’s illness.

After a person dies, the estate administrator must settle all outstanding claims against the estate, including unpaid medical bills. Furthermore, many survivors feel abandoned. They rightly believe that a reckless company took away their close relative so the company could improve its profit margin.

Usually, insurance companies cannot use smoking or another condition as an excuse to reduce or deny lung cancer compensation. A maximum asbestos payout is available if an asbestos exposure lawyer proves asbestos substantially caused the victim’s illness.

Smoking often causes NSCLC (non-small cell lung cancer). But smoking only contributes to a more serious kind of cancer, like pleural mesothelioma. Legally, there’s a big difference between a substantial cause and a contributing cause. Additionally, researchers have conclusively linked pleural mesothelioma with asbestos exposure. They agree that smoking doesn’t substantially cause this disease.

On a related note, in wrongful death cases, many survivors put some or all of the settlement funds into a trust, often in accordance with the victim’s wishes. A trust fund cannot possibly make up for the emotional loss, but quite frankly, money assuages grief.

Asbestos payout amounts are relatively consistent across multiple channels. But the methods and timelines vary.

Most direct exposure victims may file no-fault workers’ compensation or VA disability claims. If the asbestos exposure occurred at work or during military service, compensation for lost wages and medical bills is available. Since compensation for noneconomic losses is unavailable in these claims, the asbestos payout may be lower. 

However, the no-fault nature of these actions usually makes up for that deficiency. These victims receive compensation sooner, and in most pleural mesothelioma cases, time is of the essence.

  • Failure to Warn: Scientists published information on the adverse health effects of asbestos as early as 1899. Yet asbestos producers didn’t say anything, or at least didn’t say enough, about these risks.
  • Manufacturing Defect: These claims are common in asbestos cross-contamination cases. Asbestos, talc, vermiculite (another insulation mineral), and other substances often came out of the same mine.
  • Design Defect: This cause of action basically combines failure to warn and manufacturing defect. Producers laced concrete, tiles, insulation, drywall, and other products with asbestos.

Bancarrota victim compensation fund claims might be the fastest asbestos exposure claims. Asbestos producers contributed to these funds, which contain billions of dollars, when they declared bankruptcy to avoid civil lawsuits.

Obstacles to Maximum Compensation

We discussed pre-existing conditions above. Others include the statute of limitations and a lack of credible evidence.

Normally, the injury statute of limitations is two years. Asbestos exposure diseases have very long latency periods. So, by the time mesothelioma and other victims know they’re sick, this two-year deadline has long since passed.

Asbestos payouts are still available in these situations. The discovery rule extends this deadline until victims “discover” their illnesses, even if that discovery occurs decades after asbestos exposure.

The long time delay sometimes creates evidence issues, especially in secondary exposure cases. Since asbestos fibers float, as mentioned above, it’s hard to pinpoint an exposure source, especially if the victim lived or worked at or near multiple asbestos hotspots.

Fortunately for victims, the burden of proof in a civil case is only a preponderance of the evidence (more likely than not). So, a little proof goes a long way.