There are different laws in every state regarding mesothelioma settlements. The settlements are often awarded but it is a time consuming practice. Questions, documentation, verifications, research and general “leg work” will take a long time before the asbestos attorney can even bring the case before a judge. Because of all of these factors, the amount of compensation awarded in a mesothelioma settlement varies greatly.
Most mesothelioma settlements are reached out of court. The asbestos industry has settled for billions of U.S. Dollars without going to trial. An asbestos attorney will actively seek the greatest compensation for the victim and file a lawsuit in court if the asbestos company refuses to give fair damages to the victim.
The First Steps
When someone is diagnosed with mesothelioma, after seeking proper medical treatment, the best option is to contact an asbestos attorney or law firm that specializes in mesothelioma cases. These lawyers focus on asbestos cases and mesothelioma settlements against the asbestos industry.
Most asbestos attorneys charge little to no up-front money to consult a mesothelioma victim and determine the best options for the victim. Many of these attorneys will not seek payment for services until after a mesothelioma settlement has been awarded (a ‘contingency basis’).
The asbestos attorney will contact the defendant (company responsible for the victim’s contact with asbestos) and seek damages. It may take a lot of negotiations for all three parties -the victim, asbestos attorney and asbestos company to reach a mesothelioma settlement that is reasonable for the victim’s suffering.
Some companies will not settle, however, as tying up the lawsuit for years my dissuade victims from seeking damages. Some companies do this because settling will “open the door” for more lawsuits due to their asbestos products. When a company does this, an asbestos attorney will file suit with the court system.
If The Case Goes To Court
Going to court to seek a mesothelioma settlement will be a long process. While the legal aspect varies from state to state, there are typically ways for an asbestos company to keep litigation going for years.
Whether a mesothelioma settlement is reached or if the case needs to be taken to court, the victim should be prepared to not receive damages for some time. Families of victims often continue the lawsuits in order to recover damages from the victims medical expenses.
Examples Of Mesothelioma Settlements
There are cases of extraordinary mesothelioma settlements given to victims. These cases were settled with an asbestos attorney and never went to trial. These examples show the variety of instances that caused the victim to develop mesothelioma. Some of these cases show damages compensated in extreme amounts and may not denote the average settlement.
$18 Million Dollar Mesothelioma Settlement In California
A 38 year-old woman developed mesothelioma after being exposed to asbestos-filled flooring in her house for 14 years. The contractor who built the house and the tile maker paid $9 million each. The mesothelioma settlement came after only 6 months.
$7 Million Mesothelioma Settlement In Texas
A 69 year-old man settled with the manufacturer of firefighting jackets laden with asbestos that the man wore for his entire career with the fire department causing him to develop mesothelioma.
$1.9 Million Mesothelioma Settlement In Ohio
A 60 year-old man who worked as a forklift operator in a shoe manufacturing plant developed mesothelioma after 22 years at the facility. Other employees are now seeking compensation.
$1.8 Million Mesothelioma Settlement In New Jersey
A 57 year-old automobile worker who assembled brake shoes for 13 years in the same plant. The company denied they caused the victim’s illness for years, but days before the case was to go to trial, they settled out of court.
$1.2 Million Mesothelioma Settlement In Alaska
A 45 year-old school teacher developed mesothelioma after being exposed to asbestos-insulated water pipes in her classroom of 14 years. The builder of the school settled after their first contact with the teacher’s asbestos attorney.
$1.1 Million Mesothelioma Settlement In Kansas
A 52 year-old construction worker who installed asbestos roof tiles contracted mesothelioma. The tile maker agreed to pay damages after a year of negotiations.
A victim of asbestos-related illness should not be disheartened by the time it may take to win a mesothelioma settlement as the awarded amounts typically offset the costs of living with mesothelioma.