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what are people actually getting in settlements? realistic numbers?

Family · · 44 views
So Joe's lawyer threw out some numbers last month and honestly it made my head spin a little. We're trying to figure out if we should even be hoping for certain amounts or if that's just not how this works.

I taught high school for 32 years and I can tell you I'm way better at understanding a syllabus than a settlement breakdown, so bear with me here. Is there like an average that people are actually getting, or does it depend so much on the case that there's really no such thing as average?

I know it matters whether it's a lawsuit versus a trust fund claim, and whether he's still working (he's not, he's on disability now), and how bad the exposure was. His exposure was at a shipyard in Jacksonville back in the 70s and 80s, pretty clear cut stuff. But I'm seeing numbers online that range from like... everything. Which tells me nothing.

Has anyone here actually gotten a settlement and are you comfortable sharing what that looked like? Or even just the ballpark? I'm not asking for exact figures if that feels weird, just trying to get a realistic sense of whether we're looking at something that helps us or something that... I don't know, actually makes a difference for what comes next.

I'm asking because we need to figure out some stuff about treatment options and where we can afford to go, and honestly it would help to know what we're working with.

11 Replies

Patient
I totally understand the frustration. I've been doing exactly what you're doing right now, which is basically trying to decode a foreign language while also dealing with everything else.

The honest answer is that it really does vary wildly depending on so many factors. Stage matters, work history matters, which companies are named in the suit matters. I have peritoneal mesothelioma diagnosed in November, stage II, and I worked at Johns-Manville from 1978 to 1985 in Cleveland. That's pretty clear exposure like your husband's shipyard work. But my settlement numbers are going to look different from someone diagnosed at stage IV, or someone with less documented exposure, or someone dealing with a trust fund versus active litigation.

What I've found helpful is asking my legal team some very specific questions. Not just "what's the range" but things like, how many similar cases have they settled in the last 18 months, what was the median outcome for stage II peritoneal cases, does my work history strengthen or weaken things. I keep a symptom journal and medical records organized by date, and that documentation actually matters when they're calculating what your case is worth.

One thing nobody really talks about is that settlement timelines can affect the number too. We're looking at HIPEC surgery and I asked directly whether pursuing treatment now versus waiting impacts the settlement offer. The lawyer said it can go either way depending on prognosis data. So the decision about treatment isn't just medical, it's also wrapped up in the financial piece, which feels weird but that's the reality.

Your husband's shipyard exposure from the 70s and 80s is solid. That part works in your favor. But you really need to sit down with whoever is handling this and ask for comparable cases, not just a range. Push them on specifics. They should have data.
Attorney Expert Response
The Jacksonville shipyard exposure in the 70s and 80s is actually one of the more well-documented exposure scenarios we see, which matters more than people realize. Those records still exist in a lot of cases, and clear documentation of site and timeframe can meaningfully affect how trust funds value a claim, sometimes the difference between a lower tier payout and a substantially higher one.

What I can say honestly is that trust fund claims and litigation settlements really do live in different universes in terms of both amounts and timelines. A trust claim might resolve in months. Litigation could take years but may reach higher numbers. And with multiple potential defendants from a shipyard exposure, there's often more than one source of recovery.

Nobody can promise you a figure, and anyone who does in the first conversation should give you pause. But "makes a difference" versus "doesn't make a difference" is a real distinction worth pressing your attorney on directly. Ask them specifically where Joe's case tends to fall within their experience with similar shipyard exposures, not a number, just a realistic range of outcomes. That's a fair question and a good attorney will engage with it.
3 found this helpful
Attorney Expert Response
The range you're seeing online isn't misleading, it really does vary that much, and I know that's frustrating when you're trying to make actual decisions about treatment and care.

What I can tell you from 20+ years doing this work is that a few things tend to move the needle significantly. Diagnosis type matters a lot, mesothelioma generally resolves differently than asbestosis or lung cancer claims. The number of liable defendants matters. And shipyard exposure from the 70s and 80s in Jacksonville is actually a fact pattern I've seen many times because those worksites had well-documented asbestos use across multiple manufacturers and contractors, which can mean multiple sources of potential recovery.

So here's what I've seen in practice. Some families are looking at trust fund claims from multiple trusts, sometimes 20 or 30 different ones depending on which products were on that specific jobsite. Others have litigation verdicts or negotiated settlements on top of that. Those are two very different tracks and they can sometimes run simultaneously.

I'd gently push back on waiting for a number before deciding where to get treatment. We had a client in 2019 who delayed going to a specialty center because they weren't sure what they'd have to work with financially, and the attorneys actually worked with the medical team directly to help sequence things. That's not unusual in this practice area.

The statute of limitations in Florida also has specific timelines worth understanding sooner rather than later.

Please do consult an attorney about your specific situation, ideally one who can pull the actual trust matrices for shipyard exposure and give you a realistic picture based on Joe's exact diagnosis and work history.
3 found this helpful
Family
Yeah, I appreciate you jumping in here. So when you say diagnosis type matters, are you saying because Joe has pleural specifically that changes the range compared to like, peritoneal cases? And the multiple defendants thing makes sense to me, it's like how you can't teach a class the same way if half the students have different needs, except with actual money involved.

The shipyard exposure part felt pretty straightforward to us, so I'm hoping that works in our favor. Joe's got documentation and everything. What's tripping me up is figuring out if the numbers his lawyer mentioned are actually realistic or if I should be asking more questions about how they got to those numbers?
Veteran
Got my settlement through the VA trust fund back in March, took about four months start to finish once the paperwork was locked down. Here's what nobody tells you though - the money matters less than the timing. I needed to know what I had before I could commit to the aggressive chemo protocol at Eastern Virginia Medical Center in July, and that window was tight.

Shipyard exposure is solid documentation like Mark said. Jacksonville records are good. What helped me was getting my service records pulled early because the VA moves faster when they can cross-reference military medical files with the exposure timeline. My lawyer got copies from my time on the Oriskany, that's what actually accelerated things.

The settlement itself covered treatment and then some, but I won't throw out numbers because every case is different and frankly it's personal. What I will say is don't let the lawyer stall on pulling your husband's exposure records. That's where the leverage is. If the shipyard documentation is clear like you said, the trust fund tends to move faster than litigation would. That's the real win right now, not the dollar amount.

Get copies of everything from Jacksonville before you do anything else. Sets the whole timeline up differently.
Family
Oh Frank, the timing thing is exactly what's keeping me up at night. Joe's oncologist mentioned this newer immunotherapy combo but we need to know if we can swing the travel and the out-of-pocket stuff before we commit to it, you know? Four months start to finish is actually helpful to know. Did you find the VA trust fund process easier than going the lawsuit route, or was it just what made sense for your situation?
Patient
Hey, I get it. When I first got my diagnosis back in December the numbers people were throwing around felt like I was getting a quote on a transmission rebuild and nobody could tell me if it was gonna be $2k or $20k, you know?

Here's what I've learned talking to folks here and going through my own stuff. The range really is all over because it depends on like a million factors. Your husband's shipyard exposure sounds pretty solid for a case, that's the kind of documented exposure that helps. But whether he goes the lawsuit route or trust fund totally changes things. Trust funds are usually faster and more predictable, lawsuits can be bigger but take longer and there's more uncertainty.

I haven't settled yet myself, still too early in my thing. Had my EPP surgery back in February and we're doing the tune-up chemo routine now. But I talked to a guy at my oncology office in Detroit who got a trust claim settled in like 4 months and said the amount was enough to cover his treatment without wiping out his savings. He didn't give me exact numbers but he seemed relieved about it, not like he hit the lottery but like it actually mattered.

The honest thing is a lot of people don't wanna talk specifics online, which I get. But what I'd say is get your husband's lawyer to give you a realistic range for his specific situation, not just general numbers. They should know what similar shipyard cases have gotten. And definitely ask about timing because that matters too when you're trying to plan treatment.

Hang tough while you figure this out.
Family
Yeah the transmission rebuild analogy is perfect, lol, that's exactly how it feels. I'm glad to hear the shipyard stuff is considered solid though, that gives me a little more confidence we're not starting from zero. Did your lawyer give you any kind of timeline on when you might actually hear numbers, or is that just another "it depends" situation?
Veteran
Yeah that's the tough part, every case is different depending on where the exposure was and what company it came from. My VA claim is still stuck in limbo but my lawyer said trust funds move faster than lawsuits, especially if the company went bankrupt already.
Family
That's really helpful to know about the trust fund thing moving faster. Joe's lawyer mentioned that too but didn't really explain why, so hearing it from someone actually going through it makes sense. I'm sorry your VA claim is stuck though, that sounds frustrating. Did your lawyer give you any timeline on when you might hear back?
Family
I'm so glad you asked this because I was completely lost when my mom's lawyer started talking numbers too. Like, I teach 3rd graders and somehow I'm supposed to understand litigation versus trust claims? It's a lot.

So here's what I've learned from going through this since August. The numbers really do vary wildly and it's not just because people are being secretive. It genuinely depends on so many things. My mom had exposure at a naval base in the 60s and her lawyer said the shipyard cases tend to be stronger because the exposure documentation is usually better, so that's actually in your favor. But then he also said stage matters, age at diagnosis matters, whether there's other health stuff... it's like a million variables.

I haven't gotten a settlement yet so I can't give you exact numbers, but what her lawyer explained was that trust fund claims are usually faster and smaller, and lawsuit settlements can take longer but potentially be bigger. We're going the lawsuit route. He said to think in ranges rather than specific amounts because it genuinely changes case by case. What I will say is that we consulted with two different firms before picking one, and getting a second opinion actually helped us understand what we were looking at better. The second lawyer was way more detailed about how they calculate things.

The thing that helped me most was realizing the settlement money isn't just for treatment. It's supposed to cover everything, including lost wages and quality of life stuff. My mom's case is about making sure she can get the best care possible and that we're not completely wiped out financially while we're dealing with this.

I know that probably doesn't answer your actual question in the way you wanted, but honestly if your lawyer threw out numbers last month, maybe it's worth asking them to break down HOW they got there? That helped me understand what was realistic for mom's situation versus just... random numbers on the internet.

How is your dad doing otherwise? That matters too I think.

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