Mesothelioma is a malignancy that develops in the lining surrounding the body’s surface organs. It mainly affects the lining of the lungs, but it can also harm the heart’s and testicles’ lining.
It is pertinent to mention here that this cancer takes a lot of time to develop after a person has been exposed to a highly toxic and naturally occurring mineral called asbestos. As the signs of this rare cancer develop after a long time, it is nearly impossible to detect it early.
The treatment focuses on individual symptoms and making the patient’s life as comfortable as possible.
What is Mesothelioma Settlement?
Not everyone with mesothelioma has insurance, and the treatment can be costly. Mesothelioma settlement is offered to individuals who acquire this uncommon cancer while working in conditions that expose the person to asbestos, such as a construction site or a navy ship.
Most patients are hesitant to pursue a case due to a lack of knowledge or the fear that it may take forever to solve the issue. The settlement, however, alleviates the burden by benefiting the patient financially.
In a court dispute, settlement is monetary amounts agreed upon by both sides. Settlement is a reliable method to collect compensation because trials are fraught with uncertainty. The average mesothelioma settlement is between $1 million and $1.4 million.
The types of settlements may vary depending upon various factors, including:
- Company or employer’s negligence: Companies or employers that intentionally expose people to asbestos may face significant financial penalties.
- Economic loss: If the person is unable to finance himself or their family and pay for the necessities of life.
- Involved manufacturers: The more companies cited in the lawsuit, the more likely it is that the victim will be compensated.
- Jurisdiction: Different states have different regulations. They may have varying statutes of limitations or requirements for evidence.
- Health-care costs: Treatments aimed at extending mesothelioma patients’ lives can be highly expensive. Thus, the settlement sum should cover all of the clients’ health bills.
- The number of dependents: Children or the number of dependents also affects the amount of settlement.
- The severity of injury: Victims of mesothelioma may be eligible for monetary recompense for their suffering and pain.
The Settlement Process
A mesothelioma lawyer prepares to submit a plaintiff’s case before a judge and jury as the first step in the settlement process. The settlement can be negotiated with the defendants during the trial or even after it. Some of the steps involved in the settlement process are mentioned below. Have a look.
- Gathering evidence: Lawyers with expertise in asbestos cases help mesothelioma sufferers establish their legal claims. The lawyer must obtain proof and information about the asbestos exposure of the sufferer. This evidence may include their work history, the asbestos products they handled, and their medical history. It is the most important step in the settlement process, so you are responsible for providing all the details to your lawyer.
- Filing claim: The lawyer files a case on behalf of the victim, requesting a certain sum of money. In most cases, the defendants have 30 days to respond.
- Settlement: The lawyers for both parties will try to settle the case through a settlement.
It is recommended to try and negotiate with the defendant party to get the compensation as early as possible. However, keep in mind that the defendant might try to harass you to accept harsh terms; this is where you need your lawyer to step in and voice their opinion in your favor.
Benefits of Mesothelioma Settlement
Personal injury lawyers are familiar with the symptoms of malignant mesothelioma and other asbestos-related illnesses. It is advisable to consult an experienced mesothelioma lawyer before deciding whether or not to settle the case with a settlement.
Plaintiffs and defendants usually find it better to pay and settle because:
- It can support people in financing their mesothelioma treatments.
- Patients can get mesothelioma compensation in under a year, allowing them to cover their medical expenditures and provide financial security for their families.
- The compensation is guaranteed. The settlement may be smaller than what you would most probably win in a trial verdict, but there are no sure bets in a trial.
- Trials are generally slow, and most mesothelioma patients do not have the luxury of time. Settling your case can speed up the compensation process, and the money could help you get better care.
Why would the defendant settle?
There are several reasons the defendant would settle the case in a settlement outside of the court. Some of them are mentioned below; take a look.
- Settlements typically cost less than a trial verdict.
- While verdict compensation amounts are made known to the public, settlement amounts for mesothelioma can be kept confidential. A company or the employer can avoid negative publicity by settling with the plaintiff privately out of court.
- Settlements may allow the corporation to conclude these cases more swiftly.
- Plaintiffs lose their right to take legal action after signing a settlement agreement.
The majority of asbestos lawsuit payments go to mesothelioma plaintiffs within a year. The defendant and plaintiff may negotiate an agreement before, during, or even after the trial. The time it takes to get the money depends on how soon the defendants and your asbestos lawyer can come to an agreement. You may receive money from one defendant before the other if you have sued multiple parties.
Mesothelioma is a rare type of cancer that has affected hundreds of people, including construction workers, armed forces personnel, especially those working in the navy, etc.
Personal injury lawyers assist mesothelioma patients in establishing their legal claims and getting an early settlement. Because trials are plagued with uncertainty, the settlements are a reliable technique for collecting compensation quickly.
Mesothelioma patients can get compensation in under a year, allowing them to cover their medical expenditures and provide financial security for their families. The settlement may be smaller than what you would most probably win in a trial verdict, but there are no sure bets in the trial.