Mesothelioma Lawsuit Settlements

mesothelioma lawsuit settlements

Though the deadly effects of exposure to asbestos were documented years ago, it is still used in many commercial applications worldwide.  Companies have made great strides to keep workers safe from the effects of asbestos exposure; however, each year many people still become the victims of corporate negligence and develop asbestos-related diseases.

If you or a loved one has been diagnosed with mesothelioma, you may be considering a lawsuit.  Many Americans have received relief in the form of a legal award of compensation for damages or through a settlement with the manufacturer and/or employer.  The relief may cover medical expenses, lost wages, and other related costs.

Each year, large corporations make billions of dollars, sometimes by risking the lives of the ones who work so hard for them.  While most jobs have some kinds of risks, it is the employer’s duty to protect their employees and to let them know of potential risks.  When these ethical duties are not abided to, a lawsuit also holds the companies accountable for their actions and hopefully prevents others from acting in such a callous and reckless manner.

A mesothelioma lawsuit should be considered with great care.  Obviously, the defendant (the company being sued) will try to avoid paying any compensation, or by paying as little as possible.  A company that works with asbestos or has worked with it in the past may have already been sued many times, and may already have a team of lawyers and a suite of defense tactics ready and waiting.  They have experience and can use that experience gained over time to their advantage.

The most important aspect of initiating legal action is to locate an experienced mesothelioma attorney.  Normally, people choose a lawyer based on the advice of someone they trust. In the case of an asbestos-related lawsuit, however, you need to take the decision process somewhat further than that.  You need an attorney who know the ins and outs of this subject and has more knowledge and experience at this specific type of lawsuit than their opponent.

An experienced mesothelioma law firm will be able to help you through the complex legal process.  They usually don’t charge the client for their services for the lawsuit, but they do receive a percentage (usually between thirty and forty percent of the total amount awarded to the client) from the mesothelioma settlement.

During the case there will be many decisions to make, especially if the defendant offers a settlement.  Thankfully, a highly competent law firm with experience in asbestos-related cases can make this process much easier to go through.

About the Author

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Mesothelioma Litigation, Attorneys, Settlements, Law Firms

Tags: asbestos, attorney, attorneys, lab, lawsuit

This entry was posted on Wednesday, December 1st, 2010 at 5:45 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Mesothelioma Court Case Settlements

mesothelioma court case settlements

If you are already involved in a mesothelioma lawsuit, your lawyer may be advising you to go for a settlement rather than waiting for your day in court. Alternatively, you may be going through the process of choosing a mesothelioma lawyer, and need some more information about your options. What exactly is a settlement, and why would you want one?

What is a Settlement?

In legal terms, this word most commonly refers to situations in which the plaintiff and the defendant agree to resolve the case out of court-either before the trial begins, or during the trial itself. This resolution is made without the help of the courts-a judge does order that a settlement should be reached, and cannot prevent the parties involved from agreeing to settle. Whether or not to agree to a settlement is a decision made by the plaintiff and the defendant involved in a lawsuit.

Why should you settle out of Court?

Your lawyer may advise you that settling your case out of court is the best option for a variety of reasons. They may, for example, feel that your case is not strong enough for you to win a lawsuit that is decided in court. This might happen if you are missing some vital information that means the lawsuit may not be decided in your favor.

Alternatively, you yourself may decide that a settlement is the best option for you-if you would like to get the case resolved more quickly, or if you do not want to put yourself through the stress of going to court.

Another point to consider is simply whether or not it is practical for you to settle rather than waiting through what might be a long, drawn-out court case. Mesothelioma is a devastating form of cancer, and the majority of people with this type of cancer have between one and five years to live after diagnosis, depending on how far advanced their disease is. This means that resolving a lawsuit quickly is often an important factor in deciding whether or not to settle. This is particularly true due to the fact that mesothelioma treatments are expensive, and many people with the disease require ongoing at-home care in addition to treatment. For some people, delaying the resolution of a lawsuit means they may be deprived of care and treatment that might prolong their lives-in such cases, it may be in the best interests of the patient to reach a settlement quickly so that they can get the treatment they need.

None of this means that you absolutely must settle-it does, however, mean that choosing whether or not to accept a settlement requires some careful thought, and discussion with your doctors as well as with your lawyer.

What else should you know about Settlements?

The majority of mesothelioma lawsuits are settled out of court. The dangers of asbestos exposure are very well-known, and there have been many, many lawsuits of this kind. For this reason, most companies are willing to agree to a settlement if you have a valid claim that can prove the responsibility of the company.

One factor to consider is that when you agree to settle, you may receive less compensation than you might if you won your case in court, mainly because you are likely to receive more "damages" money from a court decision than a settlement. The compensation you receive will typically depend on a variety of factors, including how much damage you have suffered as a result of the disease, the expenses involved in your care and treatment, how much income you have lost, and how responsible the defendant is proven to be in your case. The size of the settlement may also depend on the current political climate and the laws in the state where your lawsuit was filed, as well as previous results of settlements and trial verdicts.

When you agree to a settlement, you are effectively agreeing to forgo your right to sue in exchange for a guaranteed outcome. This is another reason why a settlement may be considered a desirable option, even though a smaller amount of compensation might be received-although juries tend to be sympathetic to the plaintiff in mesothelioma lawsuits, there is still no guarantee that the case will be decided in your favor. By agreeing to settle out of court, you are exchanging an uncertain outcome for one which is guaranteed according to the terms of the settlement.

About the Author

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Mesothelioma Legal Settlements
This entry was posted on Friday, November 26th, 2010 at 10:02 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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