Asbestos exposure has claimed many victims and compensation is available to most patients for their treatment as well as for securing the future of their families. Although nothing can make up for the patients and families pain, suffering and loss, the law does provide a way to seek compensation for your financial losses and expenses.
Although there is no way to reverse or cure mesothelioma, a settlement can offer a little justice to the victims and their families. Again, pursuing a mesothelioma settlement should be done with the help of a competent, experienced mesothelioma lawyer. Your lawyer will negotiate the settlement terms and you will have the opportunity to accept or reject the terms before it is finalized.
The amount of the settlement you may receive is contingent on several factors including the evidence you provide, the judge, the degree of injury and the jury. No one, not even the attorney can predict what type of settlement, if any, you will receive.
A successful mesothelioma settlement can provide financial security for your family. It can pay for medical treatment, replace lost wages, and other financial needs. The amount of the settlement will calculate the cost of loss of income and medical costs, as well as pain and suffering. The amount varies from one settlement to another as pain and suffering are subjective and thus not all judges and juries value these damages at the same level.
If you are offered a mesothelioma settlement by the defendant, and you or your attorney do not believe the amount is substantial enough to meet your needs, you can either decide to accept the offer anyway or proceed with a jury trial. If you agree to a settlement, there may be stipulations included such as not speaking to the media about the case as well as forfeiting any right to further action against that defendant.
To make the most of your settlement and receive the maximum compensation you are entitled to, hiring a good attorney is going to be essential. There is a statue of limitations which limits the time you have to file a claim, so don’t wait to file.
Hiring A Lawyer
Finding a Lawyer to represent your case can be daunting, frustrating and tedious. An attorney will take the stress of filing claims, filling out paperwork, and court attendance off your shoulders and most will even come to you. Your lawyer will gather all information needed to determine if you are eligible for compensation from any of the companies responsible for the making and selling of asbestos products.
Asbestos Trust Funds
Mesothelioma cases began flooding the court in the 1970’s as victims began making the correlation to asbestos and mesothelioma. In an attempt to protect their profits, many manufacturers and companies tried to file for bankruptcy rather than compensate the victims. The courts ordered the companies to put money into trusts that would help pay not only the victims but also their families who had been impacted by the products. Once the companies agreed to the trust fund, the court would then protect them from lawsuits that may arise in the future. Approximately 55 companies have started court-ordered trust and about $30 billion dollars has been put into them.
When filing a claim against one of these trusts, a lengthy trial is not necessary to receive compensation. You are awarded the money through a claims process that has been simplified but is often time limited. This claims process can be expedited by hiring an attorney who has experience in mesothelioma law.