Top 5 Mesothelioma Settlement Process
Mesothelioma settlements are the benefits awarded to the victims who develops mesothelioma resulting from the extended exposure to asbestos. These types of settlements are mainly agreed upon by both parties in an avoidance of a possible trial. Due to the high degree of uncertainty in trials, these settlements are obvious way of getting the indemnification.
Mesothelioma Settlement Process
- Filling a lawsuit: At this stage, just before the trial, the lawyer of the defendant together with those of the plaintiff discuss all the aspects of the case. Sometimes in this stage the defendant might offer a settlement, which mostly happens when the defendant is trying to avoid the litigation expenses or if the defendant has been in another case of mesothelioma found guilty.
- Verdict: This mostly happens when both the plaintiff and defendants fails to agree to a settlement, the case proceed to trial. Asbestos, similar to other civil litigation, the jury delivers a verdict at the end of a trial. The results mainly depend on the level of liability of the defendant’s actions that resulted in harming the plaintiff. The verdict mostly considers the level of liability in determination of the compensation. The attorney’s work will be to prove that the parties sued are responsible for damages caused. Should the jurors agree, they will decide the total compensation to be paid?
- Compensation and damages: After the issuance of the verdict in the favor of the plaintiff, consideration is made on the damages to be compensated i.e. the actual economic loss, punitive damages are also considered by the jury. The above is mainly aimed setting a public example and also to deter the defendant from causing the injuries again. In most cases the higher the level of liability in accordance to the jury the larger the punitive damages. However in some states the compensatory damages is limited.
- Settlement decision: Any case can result to a large punitive damages but this is not guaranteed. In most cases the amount offered is far more less than the one expected, but at least a compensation is guaranteed. The settlement decision or the verdict decision is mostly informed by experienced mesothelioma attorney. Mostly it’s up to the client to accept or decline the settlement offer. Upon the acceptance of the offer the case is ended. But the question of accepting is mostly answered by either the plaintiff or the family to the plaintiff.
- Attorney’s payment: Finally after the case is won the amount to be paid to the attorney is agreed upon. It’s mostly a percentage of the total compensation paid to the plaintiff.
CONCLUSION: Mesothelioma is a cancerous disease caused by exposure to asbestos. It mostly caused by the negligence of one party to take the duty of care. In an effort to fine the negligence on the part of one party various lawsuit have been filed and compensation has been accorded, however payment is not the solution, solution is taking the responsibility of avoiding such exposure.