Generally speaking, the financial aid you will receive for physical injuries, medical bills, emotional distress and the settlement resulting from wrongful death lawsuits cannot be taxed.
The taxation on Mesothelioma Settlements, however, depends on the type of compensation you are awarded. Most asbestos victims are eligible regarding general and special damages when it comes to financial compensation.
Therefore taxes are not required since these kinds of settlements are always free from tax consequences.
What is the average settlement for a Mesothelioma Case?
The money awarded to Mesothelioma victims regarding general and special damage is tax-free. There are some cases though that the asbestos victim will receive a form of compensation that is taxable. The compensations may vary depending on the extent the victim was exposed or had contact with the asbestos.
The average compensation amounts usually range from $750,000 up to $3 mil. As stated previously there are some cases where the victim may have a taxable compensation; there are two types: Punitive damages which are a form of financial compensation that doesn’t cover your medical expenses.
This may be awarded to mesothelioma victims who are held liable for negligence. The second type is compensation for lost wages or profit that concerns the loss of wages and profit.
Is there a statute of limitations on mesothelioma cases?
The mesothelioma claims’ statute of limitations will depend on the claim; whether it falls on claims for personal injuries or wrongful deaths; as well as where the claim would be filed.
Largely, states give a 2 or probably 3-year statute of limitation, though longer for other states. There may also be stated that limits a year to be able to file any claim, which makes it essential for victims or their family members to speak to a mesothelioma lawyer immediately.
Physical injury claims are applied to patients with mesothelioma and other possible asbestos victims who file claims on the victims’ behalf. Many victims are not fully diagnosed until almost ten years after their exposure to the asbestos; hence the statute of limitations when it comes to mesothelioma lawsuit will not begin until an appropriate diagnosis is given upon the patient.
There is a separate statute of limitations on filing a claim to wrongful death. This one is applied to the surviving family members of the victim who died from mesothelioma cancer.
The timeline starts after the victim passes away. For most of the states, they allow 2 years after the victim passed away while some states allow 3 years to finally file a claim. This case may require a lot of time to collect evidence since the family members lack knowledge about where exactly where the exposure occurred.
Can you sue for Mesothelioma?
Filling a lawsuit may depend on multiple factors, but you may be able to sue for compensation. The factors include where you were exposed to asbestos and how it happened, who is responsible for your exposure and when you have been diagnosed with mesothelioma. Consultation with a qualified mesothelioma lawyer immediately is a must.
Who can file a mesothelioma claim?
The victim or their family members can file a mesothelioma claim if they seek compensation for injuries caused by asbestos. Getting an experienced asbestos and mesothelioma lawyer would give your case a higher chance of getting compensation.