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What should you do after getting a mesothelioma diagnosis? Mesothelioma constitutes a deadly disease caused by asbestos exposure. This cancer affects your mesothelium or the tissue layer covering an individual’s most internal organs. The chances of a patient’s survival depend on several factors. Some people pass away after 4-18 months, while others may thrive for a decade. Asbestos was commonly used in the plumbing, automotive, and construction industries in the 20th century. Today, many people are filing cases against their current/former employers whose negligence exposed them to this dangerous material, causing mesothelioma. Let’s see what the options are to get justice.
Why should you settle?
It’s estimated that 3,000 Americans become victims of mesothelioma each year. Statistics have indicated that this disease has caused the deaths of 45,000+ people in our country from 1999 to 2015. We even have instances of famous actors such as Steve McQueen, who died of mesothelioma in 1980. Patients sometimes discover that their employers made them work in asbestos-infected environments or were using an asbestos-containing product made by criminally-negligent manufacturers. So, they bring lawsuits to seek justice against these employers/companies. However, most plaintiffs often settle with the other party instead of having trials. What are the benefits of settling? Here’s why patients prefer to settle:
- Trials are time-consuming and expensive, while settlements are cost-effective and quick.
- While trials are public affairs, settlements can remain private. Thus, nobody needs to know how much money you’ve received.
- Going to trial means that the jury may not issue a verdict in your favor; settlements promise the patient a negotiated compensation.
How much can you obtain?
Now, how much money can you make after settling? There’s no definite answer, but experts believe that average mesothelioma settlements are worth $1 million. Moreover, today, statistics indicate that 95% of mesothelioma settlements conclude with patients getting a million dollars for their suffering and treatments. We suggest you contact a well-reputed and experienced mesothelioma attorney to deal with this lawsuit on your behalf. Hiring a capable lawyer increases your chances of not just getting some compensation but obtaining more than the average payout. This attorney will find the factors needed to make the defendant pay more for your suffering. Here are some of these factors lawyers can leverage:
- Your age may compel the defendant to pay you more.
- The nature of your illness affects the negotiated settlement.
- You have to bring a lawsuit before your state’s statute of limitations expires.
- If your asbestos exposure was lengthy, the payout should be structured accordingly.
- Attorneys can suggest collaborating with other plaintiffs to strengthen your lawsuit and increase the amount of mesothelioma settlement.
- Your expenses can motivate the defendant to offer a larger amount. So, your lawyer may argue that this disease resulted in lost wages, treatment costs, and physical/emotional trauma.
How long do these cases last?
How long do you have to wait for the case to be over? As we’ve explained, trials take longer if you don’t wish to settle. Since mesothelioma plaintiffs don’t have much time left, some states consider this factor during judicial proceedings. However, trials may go on for more than a year! That’s why lawyers can also advise their clients to settle with defendants. Mesothelioma settlements can take a year or even a few months if luck is on your side.
Furthermore, pursuing a lawsuit against multiple defendants can result in a progressive payment because defendants may pay one by one. That’s how you can receive the compensation you deserve for your suffering. Now, let’s review how to file a case properly.
How do you file a mesothelioma case?
Let’s explain the process of filing a mesothelioma lawsuit properly in stages. These stages allow a patient to seek justice effectively. Don’t forget that asbestos litigation isn’t a simplified procedure; rather, this entire process is complex and requires the supervision of hardened attorneys. Patients mustn’t forget about hiring expert lawyers to handle this delicate process. We’re explaining how you can get mesothelioma settlement for life legally. Let’s discuss all these stages with some brief details:
- Contact a lawyer to determine your eligibility.
- Make sure that the statute of limitations hasn’t expired.
- Now, assist your lawyer in gathering all the information your need in this case.
- It’s time to file the claim based on where the company’s located and where you were diagnosed.
- After a claim has been made, you may be questioned by the defendant’s lawyers. Your lawyers will prepare you for deposition.
- The defendant shall make you an offer. You can discuss with your lawyer about rejecting the offer (to make the defendant raise it) or accepting it.
What are some types of mesothelioma lawsuits?
Patients should consult with their attorneys to determine which lawsuit to bring against the defendant. You may file a personal injury lawsuit when you’re diagnosed with mesothelioma after being exposed to asbestos by the defendant. Some people can file this claim against an “asbestos company,” which means a company responsible for exposing them to asbestos. Also, asbestos victims may bring a lawsuit against their employer for making them work in an asbestos-infested workplace. There are also other options.
If the patient dies from asbestos exposure, their relatives can file a wrongful death lawsuit against those responsible for this calamity. In this case, the statute of limitations begins after the person’s death. Now, some companies have gone bankrupt after exposing people to asbestos. We have trust funds from which asbestos victims are paid the compensation they deserve. Moreover, some 30% of mesothelioma victims are military veterans exposed to this disease by the government using heavy amounts of asbestos in its installations in the’80s. Today, they are liable to receive VA health benefits for all these asbestos-caused diseases. So, there are many sources of compensation for mesothelioma victims now.
Conclusion
We’ve discussed how most asbestos victims should bring lawsuits against the companies responsible for their mesothelioma. Most patients prefer to negotiate a settlement with the defendant. Experts believe that 80-92 percent of lawsuits are settled before they even reach the court. Remember that trails can be time-consuming and expensive. So, settlements allow you to receive the compensation in a year or even a few months if you’re fortunate enough! Just hire well-experienced mesothelioma attorneys and ensure that you’ve filed a case before the statute of limitations expires. Today, mesothelioma settlements can reach over $1 million. But lawyers can help you negotiate a heavier amount for your suffering now.
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