Mesothelioma Lawsuits Settlements

A lot of mesothelioma patients are hesitant to file a lawsuit, fearing their case may get dragged out. However, most mesothelioma claims are settled out of court.

Who Gets Settlements?

Mesothelioma settlements are awarded to victims of asbestos exposure who developed mesothelioma. Settlements are amounts agreed on by both parties to avoid going to trial. Because there is a high degree of uncertainty in trials, settlements are a surefire way to receive compensation.

Benefits of Settling

• 

  Receive a Guaranteed Sum

  The primary benefit of mesothelioma settlements is agreeing upon a guaranteed sum of money. Going to trial is risky because the outcome is placed in the hands of a judge and jury, whose opinions may be swayed.
• 

  Avoid a Lengthy Trial

  Trials move slowly, and unfortunately time is not a resource most mesothelioma patients have. Taking a settlement expedites the payout process, and that money may provide funding for better treatment.
• 

  Settle in Private

  One of the downsides to trials is that they are public. Whether you win or lose is made public on a docket, which may be unsettling if you are awarded a large sum. Settlements allow you to keep your compensation private.

Learn Your Legal Options

What Are Settlements?

A mesothelioma settlement is an agreement made between the patient or patient’s family and the at-fault asbestos company. Settlements are made to avoid going to trial. Every mesothelioma lawsuit progresses as if it is going to trial, and there are quite a few steps involved in this process. The steps of mesothelioma litigation include discovery of evidence, depositions and pretrial motions.

During this part of the lawsuit process, mesothelioma attorneys try to force the hand of the asbestos companies into offering an acceptable settlement. This involves a lot of formalities and negotiations, but both parties usually intend to settle unless it’s under precarious circumstances. An overwhelming majority of all lawsuits, including mesothelioma lawsuits, are settled out of court.

How Much Are Settlements Worth?

Settlements vary in amount from case to case and out of court settlements are rarely made public. However, there are several estimates of mesothelioma settlement amounts made through policy research. A report by the Rand Corporation in 2005 found that the overall compensation for mesothelioma lawsuits rose sharply in the 1990s.

A study published in 2007 found that the average mesothelioma settlement is most likely somewhere between $1 million and $1.4 million.

How Are Settlements Determined?

The amount of compensation depends on various factors involved in the negotiation of the settlement with the asbestos companies. Every settlement is different and some factors may be more important to than others in negotiating a settlement, but there are certain topics consistently covered in every case. Some of these factors include:

1. Medical expenses
2. Lost wages
3. Pain and suffering
4. Asbestos exposure history
5. Diagnosis
6. Accumulation of debt from lost wages

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