Average Mesothelioma Settlement in North Carolina [2024 Updated]

Mesothelioma is a cancer found in the lining of certain organs, and it is most commonly caused by asbestos exposure and inhalation. In many cases, negligent manufacturers or employers allowed employees and consumers to be exposed to asbestos despite being aware of the danger. A personal injury claim can recover compensation for those suffering from mesothelioma, and many wonder what the average mesothelioma settlement in North Carolina is.

Because every individual’s illness and circumstances for asbestos exposure are different, each mesothelioma claim is unique. However, they tend to be one to many millions of dollars. The unique value of your mesothelioma settlement will rely on many factors, including the losses you suffered.

What Factors Influence the Value of a Mesothelioma Claim?

Several unique aspects of your claim can influence the final value of a settlement. These include:

• The significance of your damages. This includes the severity of your illness, the current medical bills, the expected medical bills, and other losses you have suffered.
• The party’s negligence. If the at-fault party is found to have acted with malice, fraud, or willful and wanton conduct, your claim could include punitive damages.
• Your attorney’s skill. A more experienced attorney who has managed mesothelioma and asbestos claims before will be better equipped to get the most compensation possible from your claim. They have calculated claims like this before, so they have a better understanding of what yours is worth.
• Where the case is settled. Cases that go to court often result in higher compensation, but these take more time and effort, and the verdicts could be overturned. Settlements can be resolved more quickly, but they may not recover as much compensation.

What Damages Are Available in a Mesothelioma Personal Injury Claim?

Mesothelioma claims, once another party is proven to be liable, can recover any losses the victim suffered that were a direct result of their illness and asbestos exposure. Liable parties may include property owners, product manufacturers, employers, landlords, and suppliers of products. Compensation for mesothelioma will include both economic and noneconomic compensatory damages.

Economic damages have a set financial value and include losses like:

• Both past and future medical bills for mesothelioma treatment
• Lost income if you cannot work while sick or must miss work to attend appointments
• Lost earning capacity if the individual must take significant time off work or even retire early
• Wrongful death economic damages, like loss of income and reasonable funeral expenses

Noneconomic damages have subjective values but are still considered compensable. These include damages such as:

• Physical pain
• Emotional distress
• Loss of enjoyment of life
• Loss of quality of life
• Wrongful death noneconomic damages, like loss of companionship and the pain and suffering of the deceased before death

In some cases, personal injury cases also include punitive damages. These are not compensatory damages but exist to punish the at-fault party. In North Carolina, punitive damages are awarded when the at-fault party:

1. Acts with malice
2. Acts with conscious disregard for the rights and safety of others
3. Engages in intentional fraud

In mesothelioma claims, punitive damages can be awarded when a company or employer knows of the dangers of asbestos yet hides that information from customers or employees. Punitive damages may also be awarded when an employer refuses to take the required precautions to handle asbestos yet knows that their employees are at risk of exposure. An attorney can review your unique claim to determine fair compensation, including if your case qualifies for punitive damages.

FAQs

Q: What Is the Average Payout for Mesothelioma Victims?

A: The average payout for mesothelioma victims typically ranges from a million to several million dollars. Every case is unique and will depend on several factors, including:

• The cost of your medical treatment
• The significance of the evidence to prove your case
• The severity of your illness and its impact on your life
• Whether the case goes to trial or is settled out of court
• The capabilities of your attorney
• Whether the at-fault party is considered grossly negligent

Your attorney can help you calculate your damages and maximize the settlement you receive.

Q: How Long Does It Take to Get a Mesothelioma Settlement?

A: The length of time it takes to get a mesothelioma settlement will rely on many factors, and it may take two months or less, or it could be as much as a year or longer. It depends on the amount of evidence supporting your claim, the severity of damages you suffered, and whether your claim goes to trial or is settled out of court. When you work with an attorney to build and file your case, they can provide you with a better estimate based on your individual case’s circumstances.

Q: Do You Pay Taxes on Mesothelioma Settlements?

A: In most situations, you do not pay taxes on mesothelioma settlements. In personal injury settlements, the damages are considered compensation for a loss and are not income. Because of this, it is not taxable. However, some parts of the settlement may be taxable, such as compensated income. Additionally, if you are awarded punitive damages, those are taxable. This is because these damages do not compensate for a loss. An attorney can advise you on the specifics of your settlement.

Q: What Are General Damages in Mesothelioma Claims?

A: General damages in mesothelioma claims may include physical pain, loss of enjoyment of life, mental anguish, and permanent disability. General damages is another term for noneconomic damages, which are compensatory damages that do not have specific monetary values. They are still losses recognized by the court in a civil claim but do not have an objective cost. These damages are different from compensatory economic damages, like lost income or medical bills.

Getting the Most From Your Mesothelioma Claim in North Carolina

The most effective way to get the highest possible compensation from a mesothelioma claim is to work with a skilled mesothelioma and asbestos attorney. It is often difficult to navigate a legal claim while you are ill, and many individuals underestimate the full extent of damages they are owed. When you work with an experienced attorney, they have the resources and knowledge needed to properly calculate and fight for the compensation you deserve.

Wallace & Graham, P.A., have over 40 collective years of experience. We believe that negligent parties must be held accountable for their failure to protect the safety and health of employees, consumers, tenants, and other individuals. We can use our experience to provide you with legal support to maximize your financial benefits. Contact our firm today to learn how we can help.