Mesothelioma victims and their families often face significant financial burdens as they seek compensation for asbestos-related diseases. The compensation payouts for these victims can vary greatly depending on several factors, including the state where the lawsuit is filed. In general, mesothelioma victims receive compensation through settlements or court verdicts, with average amounts influenced by jurisdictional laws, defendant companies, and individual circumstances of exposure.
Below is a detailed breakdown of the average settlement and verdict amounts across all 50 states, followed by a more detailed look at the factors that influence these payouts.
| State | Average Settlement | Average Verdict |
|---|---|---|
| California | $1 million to $1.4 million | $3 million to $6 million |
| New York | $1.4 million to $2 million | $5 million to $10 million |
| Texas | $1 million to $1.3 million | $3 million to $5 million |
| Pennsylvania | $1.2 million to $1.5 million | $4 million to $6 million |
| Illinois | $1 million to $1.3 million | $2.5 million to $4.5 million |
| Florida | $900,000 to $1.2 million | $2 million to $4 million |
| New Jersey | $1 million to $1.5 million | $3 million to $7 million |
| Ohio | $1 million to $1.2 million | $2.5 million to $4 million |
| Washington | $900,000 to $1.1 million | $2 million to $5 million |
| Louisiana | $900,000 to $1.3 million | $3 million to $6 million |
| Massachusetts | $1 million to $1.4 million | $3 million to $7 million |
| Virginia | $900,000 to $1.2 million | $2 million to $4 million |
| Georgia | $900,000 to $1.1 million | $2.5 million to $5 million |
| Missouri | $900,000 to $1.3 million | $2 million to $5 million |
| Michigan | $1 million to $1.2 million | $3 million to $5 million |
| Arizona | $900,000 to $1.1 million | $2.5 million to $4 million |
| Colorado | $900,000 to $1.2 million | $2 million to $4.5 million |
| Maryland | $1 million to $1.3 million | $3 million to $6 million |
| North Carolina | $900,000 to $1.2 million | $2 million to $5 million |
| Tennessee | $800,000 to $1 million | $2.5 million to $4.5 million |
| Indiana | $900,000 to $1.1 million | $2 million to $4 million |
| Alabama | $800,000 to $1.1 million | $2 million to $4 million |
| Wisconsin | $900,000 to $1.2 million | $2 million to $4.5 million |
| Minnesota | $1 million to $1.2 million | $3 million to $5 million |
| Oregon | $900,000 to $1.2 million | $2.5 million to $4 million |
| Kentucky | $800,000 to $1 million | $2 million to $3.5 million |
| South Carolina | $900,000 to $1.1 million | $2 million to $4 million |
| Nevada | $900,000 to $1.2 million | $2 million to $4.5 million |
| Oklahoma | $800,000 to $1 million | $2 million to $3.5 million |
| Iowa | $900,000 to $1.1 million | $2 million to $4 million |
| Mississippi | $800,000 to $1 million | $2.5 million to $4 million |
| Arkansas | $800,000 to $1 million | $2 million to $3.5 million |
| Kansas | $900,000 to $1.1 million | $2 million to $4 million |
| Connecticut | $1 million to $1.3 million | $3 million to $6 million |
| Utah | $900,000 to $1.1 million | $2 million to $4 million |
| Nebraska | $800,000 to $1 million | $2 million to $3.5 million |
| Idaho | $800,000 to $1.1 million | $2 million to $3.5 million |
| West Virginia | $800,000 to $1 million | $2 million to $4 million |
| North Dakota | $800,000 to $1 million | $2 million to $3.5 million |
| Montana | $900,000 to $1.1 million | $2 million to $4 million |
| South Dakota | $800,000 to $1 million | $2 million to $3.5 million |
| Vermont | $900,000 to $1 million | $2 million to $4 million |
| New Mexico | $900,000 to $1.1 million | $2 million to $4 million |
| Delaware | $900,000 to $1 million | $2 million to $4 million |
| Alaska | $800,000 to $1 million | $2 million to $3.5 million |
| Hawaii | $900,000 to $1.1 million | $2 million to $4 million |
| Wyoming | $800,000 to $1 million | $2 million to $3.5 million |
| Maine | $900,000 to $1 million | $2 million to $4 million |
| Rhode Island | $900,000 to $1 million | $2 million to $4 million |
Key Factors Influencing Mesothelioma Payouts
Several factors determine the average payout in mesothelioma cases, whether through settlements or court verdicts. These factors can vary widely, depending on the individual case and the jurisdiction in which it is filed.
1. Extent and Duration of Asbestos Exposure
The severity and duration of the victim’s exposure to asbestos are crucial in determining the payout. Cases involving prolonged or significant exposure, especially in high-risk occupations like construction, shipbuilding, or manufacturing, generally result in higher compensation. The longer the exposure, the stronger the case for a substantial payout.
2. Age and Health of the Victim
The victim’s age and overall health also play a role in determining the payout amount. Younger victims or those in otherwise good health before the diagnosis may receive higher compensation because they may experience a longer period of suffering and lost income potential due to mesothelioma.
3. Defendant’s Financial Resources
The financial strength of the companies or defendants being sued is a major factor in determining the settlement or verdict amount. Larger corporations or those with significant assets tend to offer higher settlements to avoid lengthy and expensive litigation. Some companies also have asbestos trust funds set up to handle these claims, which may lead to quicker but smaller settlements.
4. Location and Jurisdiction
Some states are known for being more favorable to plaintiffs in asbestos-related lawsuits. For example, states like California, New York, and Pennsylvania tend to have higher payouts due to their larger industrial base, historical asbestos exposure, and favorable legal precedents. Conversely, states with more restrictive tort laws may result in lower average payouts.
5. Strength of Evidence
The evidence linking the victim’s disease to asbestos exposure is key. Strong medical evidence that clearly demonstrates a link between the exposure and mesothelioma, as well as thorough documentation of exposure history, often leads to higher compensation.
6. Type of Compensation (Settlement vs. Verdict)
In general, settlements tend to be lower than jury verdicts. Settlements are negotiated agreements between the parties, often reached to avoid the uncertainty of a trial. However, verdicts, which are determined by a jury after a trial, can result in significantly higher payouts if the jury sides with the plaintiff and awards punitive damages.
7. Number of Defendants
Many mesothelioma cases involve multiple defendants, as victims are often exposed to asbestos from different products or companies. Cases with multiple defendants typically lead to higher overall compensation as each defendant may be responsible for a portion of the damages.
8. Economic and Non-Economic Damages
Payouts in mesothelioma cases often include both economic and non-economic damages. Economic damages cover medical expenses, lost wages, and other financial losses, while non-economic damages include pain and suffering, emotional distress, and loss of consortium (companionship). States vary in how they calculate these damages and may have caps on non-economic damages, which can impact the final compensation amount.
Conclusion
Mesothelioma compensation amounts vary greatly across the United States due to the unique legal landscape in each state. For victims and their families, understanding the key factors influencing settlements and verdicts is crucial in securing the best possible outcome. While some states offer more favorable environments for asbestos claims, every case is unique and requires expert legalamount based on their circumstances, the location of the lawsuit, and the strength of the evidence, among other factors. The table above provides general estimates for the average settlement and verdict amounts across the 50 states, but individual outcomes can vary significantly depending on these key factors.
