A mesothelioma settlement can help victims of asbestos exposure gain compensation to pay for diagnostic and treatment costs, as well as lost income for their families. The amount of compensation awarded can vary greatly, depending on the individual case.
Mesothelioma lawsuits typically settle before going to trial. However, if a settlement is not reached or agreed upon, the case can continue to trial where it will then result in a verdict. Plaintiffs will often receive a favorable verdict with compensation amount determined based on their expenses, lost wages, pain and suffering, and in some cases, punitive damages.
01. SETTLEMENT PROCESS
Mesothelioma Settlement Process
There are a variety of routes a patient may take to get compensation after a mesothelioma diagnosis. In many cases, they pursue recovery from asbestos trust funds. However, not all asbestos companies and product manufacturers have trusts set up, in which case patients often pursue a mesothelioma lawsuit.
After filing a lawsuit, patients and asbestos companies often reach a settlement before the case goes to trial. In some instances, a settlement will be reached during the trial itself. Ultimately, it’s up to you whether or not to accept a settlement. An experienced mesothelioma lawyer can discuss the pros and cons for your individual case.
Step 1: Research
After deciding to pursue legal action, your mesothelioma law firm will work to organize as much information as possible to build your case, including:
- Medical records, including a diagnosis of mesothelioma
- Employment history, including union membership and military service records
- Receipts and bills for expenses related to your illness, including travel to see specialists and obtain treatment
Step 2: File a Lawsuit
Once your asbestos attorney has gathered all of the necessary information to build a successful mesothelioma claim, they will then prepare to file a lawsuit against the company or companies responsible for your asbestos exposure. There are many details that your lawyer will work out, including:
- Venue: Determines which state to file in, which can be where you lived, worked or served (for veterans).
- Type of claim: The two primary mesothelioma claim types include personal injury and wrongful death. Personal injury pertains to patients filing on their own behalf, while wrongful death pertains to loved ones filing on behalf of a family member that has died.
- Defendant: One or multiple defendants can be named in a mesothelioma lawsuit, which is the asbestos company or companies responsible for your exposure.