Mesothelioma Compensation & Settlements from Asbestos Lawsuits - Exposure to asbestos and asbestos products at the workplace, in the military or even at home can lead to asbestos-related diseases. Work-related asbestos exposure is the primary cause of asbestos diseases. It has been proved that asbestos is the only known possibility for malignant mesothelioma, cancer that affects the tissues lining the lung and abdomen.
When microscopic asbestos fibres are inhaled or swallowed, they can be trapped in the lungs and digestive tract. The body can naturally get rid of some of the asbestos fibres. But many of the asbestos fibres remain inside the body permanently. The tissues in the lungs are scarred by the asbestos fibres that later develop into lung cancer or malignant mesothelioma.
Almost all cases of mesothelioma can be attributed to asbestos exposure in the workplace. Since asbestos is the only known cause for mesothelioma and, asbestos exposure occurs at the workplace in a majority of the cases, the asbestos affected person can sue the company for compensation. Mesothelioma is curable cancer.
Many companies that produce or use asbestos products know of its dangers but fail to warn the workers. So legal action can be taken against such owners. Filing a mesothelioma lawsuit is an elaborate and demanding process. There are lawyers exclusively for people affected by asbestos-related diseases. These lawyers are well experienced in mesothelioma lawsuits. They will fight the case for you and recover the compensation that is due to you.
Two types of mesothelioma lawsuits can be filed, a personal injury lawsuit and a wrongful death lawsuit. The affected patient usually files the personal injury lawsuit while the wrongful death claim is filed by the family or by loved ones. The money received as compensation can ease their financial burdens. The disease may cause extreme emotional strain also. Compensation helps them to receive counseling to deal with the problem. The patient submits the personal injury lawsuit after receiving a mesothelioma diagnosis. It is filed against the company that is responsible for asbestos exposure.
The lawsuit claims compensation for the illness caused by asbestos exposure. Money for treatment, travel, lost income, suffering, palliative care, counseling, and, all related costs can be claimed. If the plaintiff dies during a personal injury lawsuit, the family may be able to take over the claim. A wrongful death lawsuit was claiming the family members can file damages related to the death of a person. They can claim compensation for medical bills, funeral expenses, lost income, and, all related costs.
Many different forms of compensation may be available for mesothelioma patients. Compensation options and amounts vary significantly from case to case. Compensation may be available from Asbestos Trust Funds, mesothelioma lawsuits, settlements and, veterans’ benefit fund. The mesothelioma lawyer will advise you regarding the options you are eligible for and which options will benefit you the most.
Brief history of mesothelioma compensation
After it was discovered in the late 1960's that there was a direct link between mesothelioma and asbestos exposure, companies involved in mining asbestos and producing asbestos-containing materials started to face several lawsuits for personal injury claims and wrongful death claims. Several companies that manufactured, distributed, sold, or used asbestos products went out of business. They couldn’t pay out the claims and filed for bankruptcy to eliminate their liability.
In many cases, the end of their business was due to the compensation lawsuits filed against them. Even if the company responsible for asbestos exposure was no longer functional, it was still possible to recover compensation from them. This was made possible by creating trust funds with enough money set aside to pay out the current as well as the future claims. And this is how the Asbestos trust funds came into existence. Asbestos trust funds pay mesothelioma claims quickly and with a little overhead cost.
When a mesothelioma patient or a family member file a mesothelioma lawsuit against an asbestos company claiming compensation for personal injury or wrongful death, most companies will offer a settlement before the claim reaches trial. By arriving at a settlement, the companies can avoid the possibility of paying out more money in case the judge found them guilty of asbestos exposure.
The patient or the family members filing the lawsuit can decide whether or not to agree to the settlement. If the settlement offer is accepted, an agreement is signed, and the case is deemed settled. When an offer is made the first time, the settlement amount is much lower than what the client is entitled to. So the first offer is often rejected by the client. Usually, the defendants make several offers for a settlement.
Settlement procedure of mesothelioma compensation commercial
Companies that have lost mesothelioma cases in the past will be more than willing to settle the issue quickly. The mesothelioma lawyer is the best person to advise the patient in such situations. It is very common for mesothelioma lawsuits to arrive at a settlement before going to trial. It is the defendant who is eager to offer a settlement because if the case goes to trial. The verdict will be in favor of the plaintiff, and the defendant will have to pay more money as compensation.
Usually, as soon as a lawsuit is filed, the defendant’s lawyer presents a settlement offer to the plaintiff’s lawyer. Choosing a mesothelioma law firm with experienced mesothelioma lawyers is the best way to ensure your settlement is as large as it can be. If you want to reject the settlement offer, the case goes to trial.
Many a time, a mesothelioma claim will end up in a trial if no settlement is reached. If the defendant is found responsible for the asbestos exposure that led to the client’s illness, the jury will decide the compensation amount that has to be paid to the client. The amount awarded will usually be more than the amount that could have been offered if a settlement had been reached.
But there are instances of a jury returning a verdict that either found the company not to be liable or awarded a compensation amount much smaller than what they could have received in a settlement. A skilled lawyer will advise his clients regarding all the possible outcomes and ensure that ultimately, the plaintiff gets the highest amount of monetary compensation.
If a war veteran can prove that his asbestos exposure took place during his time of service, he is eligible for compensation. He should have been discharged from service under the circumstances other than dishonorable conditions.
According to recent reports, the average mesothelioma settlement amount is between $1 million and $1.4 million. The average mesothelioma trial verdict amount is somewhere around $2.4 million. Mesothelioma claims have the shortest waiting time since asbestos is the only cause for mesothelioma and no additional evidence is required. You will generally receive your compensation money within 3 to 6 months of filing a complaint.