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what kinda money are we actually talking about for a settlement

Patient · · 39 views
So I'm about 3 months post-EPP and my lawyer finally sent over some stuff about what settlements usually look like. I gotta say I had no idea the range was so wide, like it could be anywhere from low six figures to way more depending on a bunch of factors.

From what I'm reading it seems like it matters a lot whether you got pleural or peritoneal, how sick you actually are right now, how much exposure you can prove, and honestly how good your lawyer is at putting together the case. Some guys I've talked to in here got way more than others even with similar diagnoses and that kinda threw me.

My lawyer mentioned something about trust funds being faster but smaller payouts versus going after the actual companies which takes longer but could be bigger. The thing is I worked at a shop in Detroit from 1970 to 2000 doing brake work, so there's definitely exposure there, but proving exactly which products or companies is the tricky part.

Anybody here willing to talk ballpark numbers? I'm not expecting anyone to share their actual settlement but like are we talking low seven figures is realistic or am I dreaming. And does it really matter that much where you live for what you can get.

8 Replies

Patient
I'm peritoneal stage II diagnosed last month and my lawyer said the same thing about the range being huge, so I've been digging into the variables myself. The exposure documentation piece is what's been eating at me most because I only have my old W2s and some coworker contact info from the Johns-Manville plant where I worked back in the 70s and 80s.
Patient
Yeah the documentation stuff is rough, I feel that. The good news is your W2s and coworker contacts are actually solid starting points from what my lawyer told me. Have you tried reaching out to any of those old coworkers yet? Some of them might have kept old product manuals or safety sheets that could help nail down the specific exposure. My lawyer said that kinda stuff can really move the needle on what they can prove in court versus just settling with the trusts.
Family
I'm still early in all this so I haven't gotten to the money conversations yet, but watching my mom go through it I'm learning that the exposure piece is honestly everything. She worked at a school in Phoenix for almost 30 years and they used asbestos in the old HVAC systems, plus there's paperwork from when they did renovations in 1987 that actually lists the products by name. Her lawyer said that documentation alone made a huge difference in how they could build her case.

The Detroit brake shop thing sounds like it should be solid exposure-wise, but yeah proving which specific companies supplied the parts is apparently a nightmare. My mom's lawyer spent weeks just tracking down whether certain manufacturers were even in business during her employment dates. It's like detective work, honestly.

I think the trust fund versus lawsuit thing depends on how fast you need answers too. My mom wanted to move quicker because of her stage and her lawyer recommended hitting the trusts first while also filing the lawsuit, said some people do both. I don't know exact numbers but it sounds like if you've got clear documentation like my mom does it can shift things pretty significantly. The living situation might matter too - I moved here from out of state to help care for her and I've noticed the Arizona lawyers seem pretty familiar with the old school asbestos issues specifically.
Patient
I'm peritoneal Stage II diagnosed late last year, so I've been digging into the same stuff. The exposure documentation is really what moves the needle from what I'm seeing in the literature, and yeah the geographic factor does play a role with state laws and jury pools. My lawyer keeps emphasizing that peritoneal cases tend to value higher than pleural but it's all so dependent on your specific staging and prognosis.
Veteran
VA claim is separate from civil stuff so don't expect those to talk to each other, that's where a lot of guys get frustrated. Trust funds move faster but yeah you're trading money for speed, and proving exposure from brake work back in the 70s is gonna be the hard part your lawyer has to crack.
Patient
I'm still in the evaluation phase myself so I can't speak to actual settlements yet, but I've been doing a lot of research on this since my diagnosis in November. The peritoneal versus pleural distinction is real - there's actually less case law around peritoneal which can work both ways depending on how your lawyer frames the exposure history.

What I've learned digging through the medical literature and some court documents is that the specificity of your exposure timeline matters enormously. I worked at Johns-Manville from 1978 to 1985 doing insulation work, and my attorney was able to pull detailed safety reports from that plant showing exactly what products we handled and when they changed formulations. That specificity apparently helps a lot. Your brake work exposure might be trickier because the asbestos in those products was sometimes listed as a secondary component, but if you can locate any product literature or even old invoices showing what brands you used, that strengthens things considerably.

The trust fund versus litigation thing is what's keeping me up at night honestly. My oncologist thinks I'm looking at maybe a year or two before things progress further, and my lawyer said trust funds could move faster but I'd be capped. Going after the companies takes longer but potentially higher payouts. I'm leaning toward litigation because I want to actually hold someone accountable, not just get a check, but I get why people choose the faster route.

Don't think you're dreaming about seven figures. I've seen enough deposition summaries and settlement ranges to know that's not unrealistic if your exposure is solid and you have peritoneal at Stage II or worse. But yeah, your state matters for venue and some states have friendlier juries than others. Ohio's been pretty reasonable historically from what I'm reading.
Attorney Expert Response
The jurisdiction piece you asked about is real and it matters more than most people expect. I've seen nearly identical cases filed in different states resolve at very different numbers, partly because of how state tort law handles punitive damages and partly because of how juries in certain venues have historically treated asbestos cases. Illinois and California tend to be more plaintiff-friendly than say, Texas or Virginia, and sometimes that alone influences where a case gets filed if there's a legitimate basis to do so.

The brake work exposure you're describing from 1970 to 2000 in Detroit is actually a well-documented category. There were product identification databases built specifically around automotive friction materials and the manufacturers who supplied shops during that era. Your attorney may already know about the Bendix and Raybestos trust funds, both of which were established specifically for brake-related exposures, and they do move faster than direct litigation. I had a client in 2019 resolve a trust portion in about four months while the litigation piece ran another two years alongside it.

The two tracks, trusts and direct company suits, don't have to be either/or. They often run concurrently and that's where experienced mesothelioma counsel really earns their fee.

Consult your own attorney about your specific facts, but the combination you're describing, documented workplace, long exposure window, and a clear diagnosis, is not a weak hand.
3 found this helpful
Patient
Yeah that makes sense, the venue thing is kinda like how some shops are just better at certain repairs than others I guess. So when you say plaintiff-friendly, are you talking about juries being more sympathetic or is it more about the actual laws on the books? And does that mean guys like me in Michigan are kinda stuck or can lawyers shop around for where to file if I got exposure in multiple states?

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