In MDLs, each plaintiff can receive a different amount. This can often differ wildly even in the same MDL, with some plaintiffs receiving settlements in the thousands and others receiving settlements in the millions.
For this reason, average settlement amounts often do not reflect the reality of what most people receive. Imagine that a lawsuit had 99 small settlements and one very large settlement. The large settlement would increase the average by quite a bit, so the average would be much higher than what 99 of the plaintiffs received.
Since we don’t have the results of the bellwether trials, it’s difficult to predict exactly what the hair relaxer settlements might look like. However, we have a good idea of what factors can impact the settlement amount in cases like this.
Length of Exposure
Often, in personal injury cases such as this, the length of exposure (or the amount of time a person used a product) can affect the settlement amount. People who have used a product for longer may be more likely to get a larger settlement, especially compared to someone who only used the product once.
Severity of Illness
Personal injury settlements often take into account how severe the illness is, how much it has impacted the plaintiff’s life and how much it will impact their life in the future. More severe illness can lead to a larger settlement to take into account the cost of medical care.
Economic Damages
In personal injury cases, awards are financial. A dollar amount must be identified in a settlement or verdict. It stands to reason, therefore, that cases that have higher costs (for medical bills, recovery, lost wages, etc.) may get larger settlements than those with lower costs.
Noneconomic Damages
It is possible to receive noneconomic damages, or awards for intangible things, like pain and suffering or stress and anxiety. Plaintiffs who had an obviously harrowing time may receive higher settlements or verdicts because of these intangibles.
Future Medical Costs
Many plaintiffs in personal injury lawsuits have not completed their medical care. For some, their condition may be terminal. They will have ongoing medical expenses, and those are often taken into consideration when determining the amount of an award.
Negligence
Negligence is a central concept in personal injury cases. Often, the outcome of a case depends on whether the defendant owed the plaintiff a duty of care and whether that duty was neglected by the defendant. Defendants can be found to have been negligent if they sell or distribute products that they know are harmful or that they reasonably should have known were harmful. Cases where defendants are found negligent may result in higher settlements and verdicts.