Mesothelioma Lawsuit Settlements

Mesothelioma lawsuit settlements provide essential financial relief for victims and families coping with the impact of asbestosis. A mesothelioma diagnosis often brings overwhelming medical expenses, lost income, and emotional stress.

At Rosenfeld Injury Lawyers, our Chicago mesothelioma lawyers have helped clients across Illinois recover compensation through settlements and verdicts against the companies responsible.

Whether you’re exploring a lawsuit, an asbestos trust fund, or a wrongful death claim, we’ll guide you through how mesothelioma settlements work, what affects their value, and why most cases settle before trial.

Mesothelioma Settlements and Verdicts by Our Law Firm in Chicago

Our asbestos attorneys have helped victims and their families across Illinois recover mesothelioma settlements and asbestos trust fund compensation that reflect the full extent of their losses.

• $3.75 Million for the family of a Navy mechanic exposed to asbestos in ship engine rooms over 20+ years.
• $2.22 Million for a construction worker exposed during a large-scale factory renovation.
• $1.8 Million trust fund settlement for a school custodian exposed to asbestos in flooring and insulation materials.
• $1.495 Million for  a laborer diagnosed with mesothelioma and lung cancer after years of worksite exposure.
• $1 Million for a teen with pleural mesothelioma caused by secondhand exposure from a family member’s work clothes.
• $450,000 secondary exposure settlement for a woman who developed peritoneal mesothelioma after washing her husband’s contaminated uniforms.

How Victims Exposed to Asbestos Can Get a Mesothelioma Settlement

In Illinois, individuals diagnosed with mesothelioma can seek compensation by filing a lawsuit or submitting asbestos trust fund claims against the companies responsible for their exposure. These claims aim to hold companies accountable for knowingly using hazardous materials without proper warnings.

Most cases in the state are filed in the Circuit Court of Cook County, which regularly handles complex asbestos litigation. Under 735 ILCS 5/13-202, mesothelioma victims have two years from the date of diagnosis to file a personal injury claim.

Legal options for compensation include:

• Lawsuits Against Solvent Companies – These civil claims target manufacturers and suppliers of asbestos-containing products still in business. Compensation may cover medical expenses, lost wages, pain and suffering, and other damages.
• Asbestos Trust Fund Claims – Bankrupt asbestos companies were required by courts to establish trust funds. These administrative claims don’t require a trial, and many Illinois victims qualify for multiple trust payouts.
• VA Benefits for Veterans – Veterans exposed during military service may also be eligible for VA disability benefits along with full VA healthcare. These benefits can be pursued alongside mesothelioma lawsuit settlements.

An experienced mesothelioma attorney in Chicago can help identify all eligible claims based on your work history, medical diagnosis, and known asbestos products.

Mesothelioma Settlements vs. Trial Verdicts: Pros and Cons

When seeking compensation, mesothelioma patients and their families typically resolve cases through either a settlement or a trial verdict. Understanding the pros and cons of each can help guide the right legal strategy.

Mesothelioma Settlements

A settlement is a negotiated agreement between the plaintiff and one or more asbestos companies. More than 99% of mesothelioma lawsuits settle to avoid the time, cost, and risk of trial.

Pros:

• Faster payouts: Often resolved in 6–18 months, with some trust fund payments arriving in 90–120 days
• Guaranteed compensation: No trial risk
• Confidentiality: Terms are private
• Lower legal costs

Cons:

• Usually lower than verdicts
• No public admission of wrongdoing

Trial Verdicts

A trial asbestosis verdict is a court ruling after full litigation. While less common, it can be the right path if settlement offers are too low or evidence of negligence is strong.

Pros:

• Higher potential awards: Verdicts often range from $5M–$20M+
• Public accountability: Exposes corporate negligence

Cons:

• Takes longer: Trials and appeals may stretch over years
• Risk of loss or reduced payout
• Public record: Details become accessible

What is the Average Mesothelioma Settlement Amount?

While it’s understandable to want a clear number, the truth is that every mesothelioma case is different—and so are the outcomes. Still, national data provides a general framework.

Most sources cite the average mesothelioma settlement as ranging from $1 million to $1.4 million, though the largest mesothelioma settlements may reach or exceed $2 million. These figures represent negotiated settlements—not trial verdicts.

By contrast, average trial verdicts for mesothelioma lawsuits often fall between $5 million and $20 million, with some extraordinary cases reaching even higher. It’s important to note, though, that verdicts come with increased time, legal risk, and potential appeals.

At Rosenfeld Injury Lawyers, we’ve helped clients across Illinois recover from a wide range of asbestos-related claims, and we pursue mesothelioma settlements through every avenue—lawsuits, trust funds, and wrongful death claims—to secure the maximum financial compensation possible. 

Our team prepares each case based on the unique history, diagnosis, and needs of the client—not on an “average settlement.”

Key Factors Influencing Mesothelioma Settlement Amounts

No two mesothelioma claims are alike, and the final mesothelioma settlement payout can vary dramatically based on several key elements. Understanding these factors helps explain why one case might resolve for $500,000 while another secures over $5 million.

Below are the core factors that influence the value of a mesothelioma lawsuit settlement.

Asbestos Exposure History and Supporting Evidence

The most critical component in any asbestos lawsuit is demonstrating when, where, and how the victim was exposed to asbestos. Cases with well-documented exposure histories—especially those tied to specific, name-brand asbestos-containing products—carry significantly more settlement leverage.

Victims who worked in trades such as construction, shipbuilding, insulation, power generation, or manufacturing often encountered asbestos through known products. 

For example, Illinois workers commonly handled materials produced by companies like Owens Corning, Johns-Manville, or U.S. Gypsum—many of which have paid out large asbestos settlements through court actions or trust funds.

Diagnosis Severity and Type of Illness

A confirmed mesothelioma diagnosis, especially pleural mesothelioma, typically results in the highest settlement amounts due to its aggressive nature and poor prognosis. Cases involving peritoneal mesothelioma, asbestos-related lung cancer, or asbestosis may still be substantial, but generally settle for less.

Courts and insurance companies consider the stage of cancer, overall prognosis, and expected survival when valuing claims. A patient with Stage IV pleural mesothelioma may face high treatment costs and shorter life expectancy, which drives both economic and non-economic damages higher.

Medical Expenses and Lost Wages

The cost of mesothelioma treatment can exceed $400,000 per year, depending on the patient’s condition and therapies used. Settlement negotiations often begin with a detailed accounting of past and projected medical bills, including surgeries, chemotherapy, radiation, immunotherapy, and in-home care.

If the patient had a strong income history—particularly in union trades, skilled labor, or professional occupations—the lost wages and reduced earning capacity can be substantial. Chicago courts often rely on economic experts to project future income loss, factoring in inflation, benefits, and retirement contributions.

Number of Liable Defendants and Trust Funds

Because most mesothelioma cases involve cumulative exposure over many years, there are usually multiple companies responsible. This allows the attorney to pursue mesothelioma settlement negotiations with several solvent defendants while also filing asbestos trust fund claims against bankrupt companies.

Each successful claim—whether lawsuit or trust—adds to the overall compensation total. In many cases, clients receive partial payouts from trusts within months, while litigated settlements against active defendants are negotiated in parallel.

Asbestos lawsuits are consolidated into a specialized docket, allowing for coordinated discovery and streamlined negotiations when multiple companies are involved. This makes it easier to present a comprehensive liability profile against a range of parties.

Jurisdiction and Filing Venue

The venue in which a case is filed can significantly affect its value. Illinois—particularly Cook County and Madison County—has a reputation for favorable jury pools and judges with extensive experience in asbestos cases. This often pressures defendants to settle rather than risk a trial.

As per Illinois Code of Civil Procedure (735 ILCS 5/2-101), plaintiffs may file suit in any county where a defendant does business or where part of the exposure occurred. This gives mesothelioma victims flexibility in choosing the most advantageous venue.

The Skill and Resources of Your Legal Team

Perhaps the most underrated factor in determining your mesothelioma settlement is the quality of your legal representation. An experienced mesothelioma attorney brings:

• Access to extensive asbestos product databases
• Relationships with medical and economic experts
• Knowledge of Illinois’ asbestos dockets and judges
• Negotiation power from prior mesothelioma settlements & verdicts

Beyond Lawsuits: Asbestos Trust Funds and VA Benefits

While many mesothelioma settlements come from lawsuits filed against solvent asbestos companies, that’s not the only path to financial recovery. In fact, a large portion of compensation today comes from two alternative sources: asbestos trust funds and veterans’ benefits through the U.S. Department of Veterans Affairs (VA).

An experienced asbestos lawyer will pursue multiple forms of compensation—often simultaneously.

Asbestos Trust Funds

When dozens of major asbestos manufacturers and suppliers declared bankruptcy over the last several decades, U.S. bankruptcy courts ordered them to create asbestos trust funds to compensate future victims of asbestosis. 

Unlike traditional lawsuits, mesothelioma trust fund claims are handled administratively, not in court. That means no judge, no jury, and no trial. Instead, claimants submit documentation proving their:

• Mesothelioma diagnosis (or other qualifying asbestos-related disease)
• Asbestos exposure history, including products or job sites
• Employment records, witness affidavits, or military service records

Each trust has its own rules and payment schedules. Some pay claimants within 90–120 days after approval, making them an important early source of mesothelioma settlement funds. Importantly, you can file asbestos trust claims even while pursuing mesothelioma lawsuits against companies that are still solvent.

VA Benefits for Veterans with Asbestos Exposure

Veterans make up a significant portion of mesothelioma patients because of the widespread use of asbestos on ships, in Navy yards, barracks, and military vehicles—especially during the 1940s through the 1970s.

If you’re a veteran with a mesothelioma diagnosis, you may be entitled to:

• VA disability compensation (often exceeding $3,800 per month for 100% disability)
• Free VA healthcare
• VA Aid and Attendance benefits for in-home care
• Dependency and Indemnity Compensation (DIC) for surviving spouses

Veterans do not lose their eligibility for asbestos settlements or lawsuit proceeds by filing for VA benefits. You can pursue compensation from both sources, and our attorneys can help coordinate your claims while ensuring compliance with VA requirements.

Who is Eligible for Mesothelioma Compensation?

Eligibility for a mesothelioma settlement or asbestos lawsuit settlement depends on a few key criteria, but many more people qualify than initially realize. Whether you’re the person diagnosed with mesothelioma or a surviving family member, you may have a legal right to recover compensation from the asbestos companies responsible for the exposure.

Here’s a breakdown of who can file a claim or lawsuit:

Individuals Diagnosed with Mesothelioma or Other Asbestos-Related Diseases

Anyone diagnosed with pleural mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer, or asbestosis is eligible to file:

• A personal injury lawsuit under Illinois law 
• One or more asbestos trust fund claims
• A VA benefits claim (for qualifying veterans)

If you’re still alive and capable of filing, this is considered a living claim, and you have the legal standing to recover compensation for medical bills, lost wages, pain and suffering, and other losses.

Family Members or Estate Representatives of Deceased Victims

If a loved one passed away due to mesothelioma or another asbestosis, Illinois law allows certain individuals to file a wrongful death claim. This is typically done by the estate’s personal representative, who may be:

• A spouse
• An adult child
• A parent (if the deceased was unmarried)
• A court-appointed executor

Individuals with Secondary (Take-Home) Exposure

Illinois courts recognize secondary asbestos exposure cases, where a person develops mesothelioma after being exposed to fibers brought home on the clothing of a family member who worked around asbestos.

Common examples include:

• Spouses who regularly washed contaminated work clothes
• Children exposed through hugs, shared laundry areas, or contaminated vehicles

While more complex, secondary exposure cases can lead to successful mesothelioma lawsuit settlements when supported by medical and workplace evidence. Our Chicago-based mesothelioma attorneys have pursued mesothelioma lawsuit settlements of this type on behalf of multiple families in Illinois. 

Wrongful Death Claims for Family Members After Fatal Asbestos Exposure

When a loved one passes away due to mesothelioma or another asbestosis, surviving family members may have the right to pursue a wrongful death claim. These cases not only seek justice for the deceased but also provide financial compensation for the losses suffered by those left behind.

In Illinois, mesothelioma wrongful death settlements are governed by the Wrongful Death Act (740 ILCS 180/), which allows the personal representative of the decedent’s estate to file suit against the asbestos companies responsible for the exposure. These claims are separate from personal injury lawsuits and can include both economic and non-economic damages, such as:

• Funeral and burial costs
• Loss of financial support, including projected future earnings
• Loss of companionship, love, and affection (spouses)
• Loss of parental guidance and instruction (minor children)
• Medical bills incurred before death
• Emotional distress and grief experienced by survivors

Illinois juries have historically awarded significant compensation in wrongful death asbestos claims, especially when the exposure was preventable or concealed by the companies involved.

In addition to filing a lawsuit, the estate may also file asbestos trust fund claims on behalf of the deceased. Many of these trusts continue to pay claims for deceased victims if filed within the allowed timeframe. Your attorney will help determine which trusts are applicable and ensure timely filing. 

What Damages Are Included in Mesothelioma Payouts?

Whether obtained through a mesothelioma lawsuit settlement, trial verdict, or asbestos trust fund, compensation is designed to cover the full scope of losses caused by asbestos exposure. This includes both economic damages (measurable financial costs) and non-economic damages (pain, suffering, and loss of quality of life).

Here’s how mesothelioma payouts are typically broken down. 

Economic Losses

These are the direct, out-of-pocket costs and financial burdens tied to the illness or death. In mesothelioma cases, these can be extensive and include:

Past and Future Medical Expenses

Mesothelioma treatment is often complex and costly, including:

• Surgeries (e.g., pleurectomy, extrapleural pneumonectomy)
• Chemotherapy and radiation
• Immunotherapy or targeted therapy
• Hospital stays and specialist visits
• Travel costs to specialized cancer centers
• In-home nursing care or hospice support

Lost Wages and Future Earning Capacity

If the person diagnosed with mesothelioma was still working or expected to continue working, lost wages are a major part of the settlement. In mesothelioma wrongful death settlements, families can also recover for the decedent’s projected lifetime earnings, including:

• Lost salary or hourly wages
• Overtime and bonuses
• Union benefits and pensions
• Retirement contributions

Out-of-Pocket and Household Support Costs

Additional economic losses might include:

• Transportation and lodging for treatment
• Medication copays not covered by insurance
• Hired help to replace services the victim provided (childcare, home repairs, etc.) 

Non-Economic Losses

These losses don’t come with a bill, but they’re no less real. Illinois law allows plaintiffs and families to recover substantial non-economic damages for the emotional and physical toll of mesothelioma.

Physical Pain and Suffering

Mesothelioma often causes severe discomfort, breathing difficulty, fatigue, and deterioration of physical function. Victims are entitled to compensation for:

• Chronic pain
• Disfigurement or surgical scarring
• Loss of physical ability and mobility

Emotional Distress and Mental Anguish

A cancer diagnosis causes psychological harm to both the patient and family. Victims may suffer:

• Anxiety and depression
• Fear of death
• PTSD (in cases involving traumatic diagnoses or aggressive illness progression)

Illinois does not cap emotional distress damages in asbestos-related claims, allowing full compensation based on the facts of the case.

Loss of Enjoyment of Life

Many victims lose the ability to participate in hobbies, family traditions, or daily routines. Compensation addresses the personal value of these lost experiences.

Loss of Consortium (Spouse’s Claim)

A spouse may claim damages for:

• Loss of companionship
• Loss of intimacy
• Emotional strain of caring for a dying partner

Loss of Guidance and Society (Family Claims)

Children and other dependents may be awarded damages for the loss of a parent’s love, guidance, and support, especially in wrongful death cases.

Our asbestos lawyers work with economic experts, medical professionals, and the family to ensure every category of loss is documented. This comprehensive approach allows us to negotiate mesothelioma settlements that reflect the true cost—financial and emotional—of living with or losing someone to asbestos cancer.

The Mesothelioma Settlement Process: Step-by-Step

Pursuing a mesothelioma lawsuit settlement may feel overwhelming at first, but when handled by an experienced mesothelioma lawyer, the process is strategic, structured, and focused on maximizing compensation without causing additional stress to the victim or their family.

Here’s a step-by-step look at how the legal process works. 

Initial Consultation and Investigation by Your Legal Team

Your first step is a free consultation with a qualified asbestos attorney. During this meeting, the legal team will:

• Review your medical history and diagnosis (e.g., pleural mesothelioma, lung cancer, asbestosis)
• Discuss your work and exposure history
• Explain your rights under Illinois law and the potential for lawsuits and asbestos trust fund claims
• Outline the legal process, timelines, and what to expect

Once you sign a representation agreement, your law firm begins a deep investigation, using databases of asbestos-containing products, jobsite records, and corporate documentation to identify all potentially liable asbestos companies.

Filing Asbestos Claims (Lawsuits & Trust Funds)

Once enough evidence is gathered, your lawyer will file:

• A mesothelioma lawsuit in the appropriate court
• Claims with applicable asbestos trust funds for bankrupt companies connected to your exposure

Discovery and Evidence Gathering 

In lawsuits, both sides engage in discovery, which may include:

• Document exchanges (employment records, product use, medical records)
• Written interrogatories
• Depositions of the plaintiff, former coworkers, experts, and company representatives

This step can take several months but is critical in strengthening your case and preparing for settlement negotiations or trial. In the meantime, asbestos trust fund claims often proceed on a faster administrative track and may start to result in initial payments during this stage.

Settlement Negotiations with Asbestos Companies

As evidence is exchanged and your case becomes stronger, your mesothelioma lawyer begins direct negotiations with defense attorneys and insurers representing the asbestos companies responsible. Most mesothelioma lawsuits settle before trial because:

• The medical evidence is strong and terminal diagnoses are persuasive
• Defendants want to avoid public verdicts
• Illinois courts are known for favoring asbestos victims

In many cases, multiple mesothelioma lawsuit settlement amounts are negotiated—one with each responsible defendant or their insurance company. Trust fund payments may also continue rolling in during this time.

Receiving Your Mesothelioma Settlement Payout (Timeline)

The timeline for receiving mesothelioma compensation varies, but generally:

• Initial payouts from trusts or early-settling defendants may arrive within 90–120 days of claim approval
• Additional settlements may follow in 6–18 months, depending on the number of defendants and the pace of negotiations
• Lawsuits that go to trial may take 1–3 years to resolve, depending on court schedules and appeals

Payouts are typically dispersed in stages, as each settlement or trust claim is resolved. Your law firm handles all claim processing, lien resolution (e.g., Medicare, private insurance), and court filings required to distribute funds. 

Why Most Asbestos Lawsuits Settle Out of Court

The high settlement rate of mesothelioma lawsuits is not a coincidence—it’s the result of strategic legal practice, strong evidence, and the willingness of defendants to avoid the risks associated with courtroom mesothelioma verdicts.

There are several reasons why settlement negotiations succeed in avoiding a trial:

• Clear Liability: Many defendants already know their asbestos-containing products caused harm. Once exposure is documented and linked, the legal basis is hard to dispute.
• Damaging Evidence: Decades of internal company documents show that many manufacturers knew of the dangers of asbestos but failed to warn workers. Bringing these into open court is a risk few companies want to take.
• Sympathetic Plaintiffs: Mesothelioma is an aggressive and terminal illness. Judges and juries tend to sympathize with victims, particularly in wrongful death claims.
• Cost and Delay of Trials: Trials are expensive, public, and time-consuming. For many defendants, settling saves time and minimizes reputational damage.
• Confidentiality: Settlements are typically private. Verdicts are public records.

Mesothelioma Class Action Settlement Rarity

Despite the widespread harm caused by asbestos exposure, mesothelioma class action settlements are exceptionally rare. Unlike pharmaceutical or product defect cases where plaintiffs share similar injuries from the same source, mesothelioma lawsuits are highly individualized. 

Each case involves unique exposure histories, medical outcomes, and liable parties—making class action treatment impractical and, in most courts, legally inappropriate.

In a traditional class action, one or a few plaintiffs represent a larger group with nearly identical claims. But asbestos litigation involves:

• Different worksites, occupations, and industries
• Varied exposure periods, sometimes spanning decades
• Distinct medical diagnoses (e.g., pleural mesothelioma, lung cancer, asbestosis)
• Multiple liable companies, not a single manufacturer
• Vastly different settlement and verdict outcomes

While class action status is off the table, attorneys may still consolidate multiple individual mesothelioma lawsuits for administrative purposes. For example:

• Shared pretrial discovery (e.g., depositions, document production)
• Coordinated hearings or motions
• Streamlined scheduling to reduce court backlog

This approach maintains individual representation while allowing the courts to efficiently manage hundreds of asbestos cases. 

Are Mesothelioma Settlements Taxable Income in Illinois?

In most cases, mesothelioma lawsuit settlement payouts are not taxable under federal (IRS Publication 4345) or Illinois tax guidelines. The IRS does not tax compensation for physical injuries or illnesses, including asbestosis like mesothelioma, provided the settlement covers:

• Medical expenses
• Lost wages
• Pain and suffering
• Wrongful death damages

What might be taxed includes:

• Punitive damages (if awarded at trial)
• Interest on delayed settlement payments
• Deductions previously claimed for medical expenses

Asbestos trust fund payouts and VA disability benefits are also non-taxable.

While most clients owe nothing in taxes, we recommend speaking with a tax professional for individual advice—especially in cases involving structured payouts or wrongful death proceeds.

Why Hire a Specialized Chicago Mesothelioma Law Firm?

Hiring the right law firm is one of the most important decisions a mesothelioma patient or family can make. These cases are unlike standard personal injury claims—they require deep knowledge of asbestos exposure history, product identification, medical documentation, and experience with both asbestos litigation and trust fund claims.

Our Firm’s Resources and Experience in Asbestos Related Cases

At Rosenfeld Injury Lawyers, we focus on mesothelioma cases in Chicago and across Illinois. Our firm is uniquely equipped to pursue full compensation through every available channel—lawsuits, asbestos cancer settlement funds, and VA claims.

Here’s what sets us apart:

• Extensive Exposure Databases: We maintain detailed records of known asbestos companies, contaminated products, and Illinois job sites—essential for identifying responsible parties.
• Medical and Economic Experts: We partner with top-tier physicians, oncologists, and economists to document the full scope of medical expenses, lost wages, and future care needs.
• Trial-Proven Strategies: While most mesothelioma claims settle, we build each case with trial-readiness in mind—maximizing leverage during settlement negotiations.
• Full Litigation Support: Our firm handles all court filings, discovery, expert retention, and asbestos trust fund submissions, managing every step so clients don’t have to.

We’ve represented tradespeople, union workers, teachers, veterans, and families who never expected to face asbestosis. Our mission is to hold negligent companies accountable and ensure our clients receive the full mesothelioma compensation they deserve.

FAQs About Chicago Mesothelioma Settlements

How is the final settlement amount determined for my specific legal case?

By your exposure history, diagnosis, medical costs, lost income, number of liable parties, and where your case is filed (e.g., Cook County).

Can family members pursue claims if the loved one exposed to asbestos died many years ago?

Yes, through a wrongful death claim or trust fund filing, as long as it’s within the allowed legal timeframe.

What if I don’t know exactly which asbestos products caused the illness?

Your mesothelioma lawyer will investigate, using work records, product databases, and witness statements to identify responsible asbestos companies.

Do I need to file both lawsuits and trust fund asbestos claims?

In most cases, yes. Doing both increases your total mesothelioma compensation.

What information is needed during the free consultation?

Diagnosis details, work history, exposure timeline, and any medical or employment records you have.

Start Your Claim: Get a Free Consultation Today

If you or a loved one has been diagnosed with mesothelioma or another asbestosis, you deserve answers—and compensation. At Rosenfeld Injury Lawyers, our experienced Chicago mesothelioma attorneys are here to help you pursue the full value of your claim through lawsuits, trust fund filings, and VA benefits where applicable.

We offer:

• Free, no-obligation consultations
• No fees unless we win your case
• Personalized legal support backed by years of asbestos litigation experience

Whether you’re seeking help for a recent diagnosis or pursuing a claim on behalf of a lost loved one, we’ll guide you every step of the way. Call (888) 424-5757 or fill out our online form to schedule a free consultation with a personal injury attorney in Chicago.  

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.