Asbestos Lawsuit Payouts and Expert Witnesses
The amount of money a victim will receive in an asbestos lawsuit is determined by the nature and severity of their diagnosis. Settlements can be made prior to or during a trial.
Many companies that employed asbestos have been shut down or gone bankrupt and resulted in large sums of money being set aside by courts to help victims.
Trials
Oft, it takes many decades between asbestos exposure and the diagnosis of mesothelioma (or another asbestos-related disease). The legal actions filed against companies accountable for this exposure are designed to hold them accountable for the damage they cause. Anyone who suffers from an asbestos-related illness are often left with significant financial hardship and mesothelioma lawyers are able to help victims and their families recover compensation from those responsible for the harm they cause.
Mesothelioma lawsuits can lead to large settlements. If the case isn't resolved before the statute expires, the victim will not receive any compensation. Mesothelioma attorneys are well-versed in the procedure of negotiating settlements and they can advise clients whether an early settlement or trial is in their best interests.
Because asbestos was used for so long in the United States, courts have required companies that made or distributed asbestos to set aside funds to pay victims. Trusts have been depleted over time which means that settlement amounts have to be divided. The dollar amount of a settlement or verdict depends on the amount of evidence that is available to back up the claim.
An experienced mesothelioma lawyer can examine a potential claim and determine its value through a free case assessment. In most cases, the person who has been diagnosed mesothelioma (or another asbestos disease) is the plaintiff. However, those who have lost a loved one due to an asbestos-related illness might be able to file a wrongful-death lawsuit on behalf of the deceased person.
A successful asbestos lawsuit could also award punitive damages. These damages are designed to punish a business and discourage others from engaging in the same wrongful conduct. A California jury awarded $52 million to a woman suffering from pleural msothelioma after she was exposed to asbestos through Avon products. A jury awarded a 47-year old U.S. Navy veteran, $11 million in damages from companies that sold asbestos drywall. A pipefitter was awarded $43 million as a result of his exposure to asbestos in his job.
Settlements
When a plaintiff's lawyer discovers the responsible companies for asbestos exposure, he or she will negotiate with them. Asbestos companies will often settle claims quickly to reduce legal costs. Asbestos firms often attempt to settle claims quickly to limit their legal costs.
Asbestos lawsuit payouts in settlements can vary greatly depending on the specific case. In general, mesothelioma cases that have higher damages are compensated more. For instance, an $11 million settlement was awarded to an elderly U.S. Navy veteran who worked as a drywall sprayer.
The amount of compensation for mesothelioma tends to be higher when there is more evidence to prove that the patient was exposed to an asbestos-producing firm. When calculating the amount of compensation, factors such as the age of a patient, the mesothelioma's total cost, future and past medical expenses, and lost wages are taken into consideration. An experienced mesothelioma lawyer can assist in determining the potential amount of an asbestos settlement based on the person's particular situation and the symptoms.
During the course of the litigation the victim's lawyers will collect and analyze evidence of asbestos exposure. The legal team will make a complaint to the appropriate state court system. The lawyer representing the plaintiff will begin the discovery process to uncover evidence that could be used in trial.
Most asbestos lawsuits are settled in court without a final decision. A mesothelioma lawyer who has experience can prepare the case for trial. Settlements are offered at any stage of the litigation process. A mesothelioma lawyer may recommend that victims decide whether or not to accept the settlement offer.
The victim may decide to accept or deny an offer, and continue to fight to get a fair and full settlement. If victims don't agree to an offer of settlement, they may seek a trial against asbestos-producing companies to receive more money from the jury. Trials can be costly. Most mesothelioma lawyers work on a contingency basis which means they only be paid if they obtain an asbestos settlement or get a verdict at trial.
Statute of Limitations
The time period that applies to your asbestos claim will depend on the asbestos exposure lawsuit location you reside in. A lawyer can assist you in determining the time frame that is already expired and provide advice on other ways you may pursue compensation.
In the majority of personal injury cases, the clock begins ticking at the moment you suffer an injury. With asbestos exposure however, it could take years for the symptoms to show up and be diagnosed. This means that by the time you are ready to file a lawsuit the statute of limitations may be over.
In addition, asbestos companies use the delay to make patients accept a small settlement. A mesothelioma attorney can prevent this by fighting for an increase in compensation.
The amount of compensation you receive as an asbestos victim is contingent on a variety of variables. These include the amount you and your family members have lost in medical and wages because of your illness. Your attorney will also consider your pain and suffering.
In some states, the time limit for filing a lawsuit is different than others. A lawyer can help determine how the statutes of limitations in your state apply to your case, and recommend the filing deadline.
The time frame for a mesothelioma case is also dependent on the number of defendants who are responsible for your exposure, as well as the kind of exposure. For cases involving multiple asbestos producers and sites, for instance, usually require longer to settle.
Mesothelioma settlements in lawsuits vary greatly and some victims receive millions of dollars while others settle for comparatively little. The mesothelioma average verdict is $2.4million however, many patients have received more substantial jury awards.
Courts have compelled asbestos companies to set aside large sums of money to pay compensation to injured victims. These funds can be tapped by victims to secure lump-sum settlements, which are easier for asbestos companies to agree to than jury verdicts. However certain plaintiffs are unable to settle and choose to file mesothelioma lawsuits. They may face a jury that is pro-company, but they can still receive fair compensation.
Expert Witnesses
An expert witness is someone who has specialized knowledge, training, skill, experience or education in a particular area relevant to the issue that's being considered. Expert witnesses help jurors and courts understand complex topics that are beyond general knowledge. Experts are crucial in many types personal injury cases. This includes cases that involve asbestos.
Mesothelioma victims bring lawsuits against companies that made or sold contaminated asbestos-containing products. Expert witnesses' testimony is essential to the strength of any claim filed by a victim. Experts offer their opinions on different aspects of the case such as how asbestos-related illnesses develop and who is to blame. Expert witnesses can help jurors understand complex scientific concepts that are usually beyond their understanding.
Experts in a lawsuit involving asbestos can include a range of technical and medical experts. These experts are often oncologists or rheumatologists. These specialists can explain how exposure to asbestos is linked to mesothelioma and other asbestos-related diseases. They can also identify the responsible parties.
In some cases a professional expert witness can also be toxicologist. Experts can testify on how an individual was exposed to asbestos while working and how exposure to asbestos could be a contributing factor to their illness. They are also able to testify about the effects of asbestos on water and air quality, as in addition to other health and safety concerns.
Other experts in a case involving asbestos could be industrial hygienists and metallurgists and engineers. These experts can testify on the duties of a worker as well as the amount of asbestos employed at work, and also the possible role that asbestos played in mesothelioma and other asbestos-related diseases.
During the discovery phase, both parties need to lay all their cards on the table. This includes a list of all experts they intend to employ in the case. Many asbestos lawyers who have expertise have established professional relationships with reputable experts. They can procure for their clients an expert witness who is respected and will give crucial testimony to the case.