Mesothelioma Victims who decide to file a mesothelioma claim lawsuit do so imagining that one day they will appear in court. They picture themselves facing an attorney during cross-examination and having the chance to speak out about the injustice and harm that’s been done to them. Though many do have that happen, the truth is that most mesothelioma lawsuits do not end up going to trial.
Most mesothelioma claims are resolved out of court through settlements. Settlements are often the easiest solution for mesothelioma patients, who need to preserve their strength and who want to focus on their health and spending quality time with their families and loved ones. Settlements off mesothelioma victims this real benefit, and asbestos companies tend to prefer settlements as well, as they prefer to avoid the unpleasant publicity that a trial can bring. Additionally, they can save the cost of defending themselves in court.
Whether you are anticipating a court trial or hoping for a quick settlement, most mesothelioma victims want to know how much compensation they can expect to receive. We have compiled a list of case values for over 40 Mesothelioma and related asbestos exposure diseases. Every case is different, however, our post what to Expect when you file a Mesothelioma lawsuit outlines activity that will provide some idea of similarities in all cases. Some settlement offers are for small sums of money while others reach into the millions. The reason for the tremendous difference in what different mesothelioma victims receive has to do with factors such as what their medical expenses have been, how long a mesothelioma victim has suffered through their symptoms and treatments, how much rehabilitation and therapy they expect to have to endure, and how their illness has impacted their quality of life. To make sure that you receive the compensation that you deserve, it is important that you keep records of all of your medical and out of pocket expenses, including any bills that you have paid for.
- Alternative treatments
- Doctor visit copays
- Diagnostic tests
- Physical Therapy
- Travel to and from treatment centers
- Lodging to and from treatment
- Food while traveling to and from treatment
Another factor in how much you will be offered in a settlement has to do with who the defendants are that you have filed your claim against. The more clearly a company was in the wrong and the more obvious the violation or carelessness that they displayed, the higher the penalty against them is likely to be.
In many cases, a patient’s diagnosis of mesothelioma has an impact that goes beyond their own well-being and affects other family members that may have relied upon them for economic or emotional support. These losses are also eligible for compensation, and these family members have a right to reimbursement in a settlement. They are also able to file a wrongful death mesothelioma lawsuit in the case of your death.
Having an Experienced Mesothelioma Attorney is The Key to Receiving a Strong Settlement Offer
Mesothelioma attorney will fully prepare for a trial, gathering evidence and identifying expert witnesses to support your case, they will also talk to you about the advantages and disadvantages of both a jury trial and a settlement so that you will be prepared for either and can make an educated decision. If you are interested in pursuing a settlement, your attorney will generally calculate an appropriate compensation amount to present to the defendant’s attorney for consideration. This is frequently followed by a certain amount of negotiation. Having an experienced mesothelioma lawyer representing your interest in these proceedings is one of the best ways for you to ensure that you will get the compensation that you deserve.
In many cases the defendant’s attorney will offer a lower settlement offer in hopes that you will opt for the easier route rather than going to trial. Your mesothelioma lawyer is familiar with these tactics, and will likely encourage you to go ahead with setting up a trial, knowing that the opposing counsel will likely continue this strategy right up until the day you go to court.
Your attorney will ask for a court date and try to get that date expedited due to your medical condition. A settlement offer can be extended and accepted even after the trial process has begun. In most cases, the defendant will prefer to offer a reasonable settlement rather than continue to litigate the case. This is particularly true if the evidence against them is strong and it is likely that they will lose.
Many clients worry about proceeding with a trial because they are afraid of their health declining, or of dying before there is a verdict. If you should experience a sudden downturn in your health, a judge will often permit the trial date to be expedited.
Should the worse happen and you die before your trial is completed our mesothelioma lawyers and attorneys will continue to file the mesothelioma claim on behalf of your survivors, adjusting the complaint into a wrongful death claim.
Putting Together a Strong Case
The stronger the case we are able to build against an individual defendant, the more likely they are to offer a settlement. This is just one of the many important reasons for making sure that your mesothelioma attorney has extensive experience in asbestos law. Our mesothelioma law firm has been pursuing justice on behalf of mesothelioma victims for over two decades. When we prepare a mesothelioma lawsuit, we put all of our energy and effort into it, as well as the knowledge that we have accumulated about asbestos exposure and asbestos-related diseases over the years. We also bring a strong understanding of what will make the greatest impact on both judge and jury.
Every detail we present is polished and presented in an impactful way so that when we are approached by a defendant’s attorney about a settlement offer, they have no doubt that their client will lose if they go to court. This strategy maximizes the amount that they are willing to pay to our clients.
Resolving your Mesothelioma Lawsuit
Most mesothelioma lawsuits take approximately seven months to run their course. That period starts when you first contact your attorney and ask him to represent you, and goes through to when you receive a satisfactory settlement offer or are awarded compensation through the trial process.
Settlements usually expedite the process, and this is often the most desirable outcome for a person who is facing a shortened lifespan. Still, when you are working with an experienced mesothelioma attorney your involvement in the case can be minimal. Whether you prefer to pursue a trial or a settlement, simply let your attorney know your wishes and they will work with you to achieve them.
If the defendants in your mesothelioma lawsuit choose not to offer a reasonable settlement amount, you will likely end up going to trial with a jury. After the jury selection process takes place, each side is able to present their evidence for consideration.
The trial itself generally takes a few weeks. It will include expert witness testimony, as well as evidence provided by your physicians and oncologists, former co-workers and colleagues, your family, and more. The more evidence you are able to present, the stronger the case against the defendants and the faster your case is generally decided.
Once a jury decides in your favor or a settlement offer is reached, payment will be set up and arranged. The fees that your attorney has earned will be taken out first, and in many cases the balance will be paid out in monthly installments.
Asbestos Trust Funds
In addition to pursuing a mesothelioma lawsuit or settlement, it is also possible that you can receive compensation from one of the many asbestos bankruptcy trust funds that have been established by asbestos companies. Because so many claims were filed against these companies, many opted for filing for bankruptcy. As part of the resolution of their bankruptcy filings, they were required to establish special trusts specifically setting aside funds for mesothelioma victims. The compensation from claims filed with these trusts are pre-established and distributed by special trust administrators. The trusts currently hold over $30 billion in monies set aside for asbestos victims.
Many veterans learn that they were victims of asbestos exposure during their time in the military. Though veterans are unable to file mesothelioma lawsuits against the government, they are eligible for a variety of benefits and disability compensation through the Veteran’s Administration. They also may be eligible to file mesothelioma lawsuits against third parties that supplied the military with the asbestos-contaminated products responsible for their illness. A qualified and experienced mesothelioma attorney can help you to apply for the benefits that you deserve, as well as advise you as to what other compensation you may be eligible to receive.