For decades, mesothelioma, a life-threatening disease that can affect the lungs, abdomen, and several other major organs, has been linked to prolonged exposure to asbestos, resulting in many people seeking a mesothelioma law firm to get justice and help them cover the overwhelming expenses associated with the disease.
Typically, mesothelioma victims were exposed to asbestos while working at a job site that used asbestos-containing materials (ACMs). In many cases, the manufacturers of asbestos and ACMs knew of the hidden dangers and risks of asbestos, yet failed to inform the public, as asbestos was an extremely profitable mineral. Because of the hindrance of information, workers who developed health issues from asbestos exposure may be eligible for financial compensation to cover expenses such as lost wages, medical bills, emotional suffering, physical pain, and more.
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.
Source : Internet
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