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Settlements in an Asbestos Lawsuit Many mesothelioma patients receive compensation through settlements. Settlements are an excellent option to avoid losing in court before a juror who is pro-company and often result in a higher payout than a jury verdict. Companies that manufactured asbestos products were ordered by the courts to put large amounts of money aside to compensate the future victims of asbestos-related diseases. Some of these funds have since been wiped out. How to get an equitable settlement The specifics of the case will determine if you get an equitable settlement in a asbestos lawsuit. Asbestos victims receive compensation for medical expenses as well as lost earnings and other noneconomic damages like discomfort and pain. When filing a lawsuit against companies that are responsible for asbestos exposure, the victims and their families should have an experienced attorney on their side. Asking family members, former co-workers, and acquaintances for recommendations is the best method to locate a lawyer who is an expert in asbestos-related cases. You can also find lawyers who specialize in asbestos-related cases and mesothelioma through advertisements and directories. A seasoned mesothelioma lawyer will conduct an exhaustive investigation into the asbestos history of the company and gather evidence to demonstrate negligence. Evidence may include that the company was aware of the dangers posed by their products, but failed to inform employees. In addition, an experienced mesothelioma lawyer can be prepared to bring the case to trial if the case does not settle in court. The amount of money the victim will receive is contingent on the nature and severity of their mesothelioma, or other asbestos-related diseases. Mesothelioma cases that are malignant often result in larger settlements than benign mesothelioma cases. This is due to the fact that malignant cases are more invasive and have a shorter life expectancy than benign cases. Asbestos victims could also be qualified for compensation from asbestos trust funds. These funds were set up by asbestos-containing manufacturers that have shut down or gone bankrupt. Courts have ordered these companies to transfer large amounts of money into trust funds to compensate mesothelioma sufferers. In many cases the amount of a settlement will depend on the number of defendants involved in the litigation. Asbestos exposure victims often identify multiple companies as the culprits and this can lead to a complex multi-party settlement negotiations. An asbestos attorney who is well-versed in the tactics companies use to entice victims into accepting an amount that is lower than the settlement amount will be in a position to assist. A mesothelioma suit can hold negligent asbestos companies accountable for their actions and provide financial support needed by victims to live a life of luxury. A reputable mesothelioma lawyer will prepare a robust claim to ensure that victims get the compensation they deserve. Preparing for Trial A lawsuit can be resolved outside of court if both parties agree on a negotiated settlement. About 95% of personal injuries cases are settled outside of court. In asbestos cases this is typically done to reduce time and cost. To receive the fair amount you are entitled to requires a thorough investigation. Your lawyer will collect details about your exposure to asbestos such as medical documents, employment history (including military records if you're an active veteran) and receipts, bills and other evidence. They will also determine the asbestos companies responsible and file a claim for mesothelioma with the correct jurisdiction before the statute of limitation expires. If the defendants have a good idea of the strength and value of your case, they will generally begin negotiations for settlement. However, they could start with a low-ball offer which is not enough to cover the real worth of your case. Your lawyer will go over each offer to help you decide if you want to accept it or take your case to trial. The process of litigation is usually emotionally and lengthy, particularly if a loved one has died from asbestosis. However, the experienced attorneys at Kazan Law will manage your case efficiently so you can focus on your health. An experienced mesothelioma attorney can assist you in determining which companies are accountable and where you can file the lawsuit and what kind of compensation you are entitled to receive. They can help you prepare for the deposition, which is an important aspect of the legal process. It can be a bit intimidating for many victims. Your lawyer will ensure you are comfortable and confident. If you don't want to go to court, your attorney will negotiate an equitable settlement outside of court. They will take into consideration your age, history of exposure and your current medical condition to ensure that you receive the most favorable settlement for your asbestos-related disease. If they are unable come to an agreement, your case will be moved to the trial stage. This is a long drawn-out process, however, certain trials can be completed in just a few days. For instance, in 2021 the jury awarded $325 million to a widow of a worker in the steel industry who developed mesothelioma after being exposed to asbestos-containing products. It was the largest mesothelioma verdict ever handed out however, it was reduced to $120 million after a private settlement was reached. Preparing for a Settlement Most asbestos lawsuits are settled. Gathering all the necessary information to build a claim is part of the process. This includes medical records, military and employment records (if a veteran) along with receipts, bills and other documents. Your attorney will handle the details to ensure you receive the amount you are entitled to. A mesothelioma lawyer will examine your case to determine the amount that the defendant(s), should make a payment as a settlement. This is dependent on the mesothelioma diagnosis, prognosis and life expectancy. It could take months or years to reach a settlement. Defendants typically are looking to settle quickly in order to avoid the expense and risk of an appeal, as well as negative publicity. Additionally, different states have different statutes of limitations, which restrict the length of time you can file a lawsuit. A mesothelioma attorney can help you decide when to file your lawsuit based on the date and location of your exposure. Your lawyer can review your asbestos history in order to identify the companies that are responsible for your illness. In many cases, asbestos victims name dozens or even hundreds of companies as defendants. The type of asbestos disease and the type of company that is responsible for the exposure may influence the amount you get from a settlement or verdict. Mesothelioma patients typically receive higher amounts than those who have asbestosis that isn't cancerous like asbestosis, pleural effusion round atelectasis, or pleural plaques. Additionally, defendants can offer larger amounts in settlements if they know they have a low chance of winning a mesothelioma verdict at trial. The defendants might be concerned that they'll lose their entire case if the jury decides to award punitive damages to victims, which are meant to punish the company's reckless behavior. Going to Trial If a mesothelioma patient and their family is not able to reach an equitable settlement, it may be necessary for the case to go to trial. Hawthorne asbestos attorneys with experience will know what it takes to prevail in court and will be regarded by defendants and insurance companies as a firm that is willing to fight to the very end. Before filing a lawsuit legally, the lawyer will do a thorough investigation of the case. This includes speaking with the client and their family members to determine how they were exposed to asbestos and to determine potential responsible parties. This includes locating the former asbestos exposure sites, as well as corresponding companies. Once the information has been gathered, the attorney will submit a complaint to the court. The lawsuit will identify the company(s), which are responsible for the victim's exposure to asbestos and provide a description of any legal claims. Typically, the plaintiff is seeking compensation for their medical expenses, income loss and other losses resulting from their illness. Family members of a deceased victim can file a wrongful death claim as well. The defendants may try to limit the amount of compensation they receive by filing frivolous motions but an experienced mesothelioma lawyer can stop these tactics. They can also leverage their knowledge of how other judges have decided similar cases to help convince the judge that their argument is valid and the case should move forward. In mesothelioma lawsuits the most frequently cited legal claims are based on negligence and product liability. The attorneys representing the victims will claim that asbestos-producing companies did not exercise reasonable diligence when designing manufacturing, selling, and distributing their products. A lot of defendants did not inform the public about the dangers of asbestos. This was particularly true of asbestos-containing insulation for homes which companies marketed as safe and efficient. The majority of mesothelioma cases settle without court, and rarely go to trial. If your lawyer believes that a trial is in your best interests, they will explain the options available to you and make sure that you are prepared for the process.