Mesothelioma Settlements Today

Since there is no real gauge for measuring the damage that a case of mesothelioma can cause a patient or his family, the amount given as mesothelioma settlements today, differs vastly from one case to another, and also from one state to another, depending upon their legislations and amendments.

However, the main factor that determines the settlement money, apart from the damage that mesothelioma has caused a patient, is the state, region and the political atmosphere under which the mesothelioma settlement has reached. During the 80s and 90s, when a lot of lawsuits were being filed and the damaged caused by mesothelioma gauged, the political climate in most of the U.S. was immensely favourable to patients.

However, the overall political climate seems to have undergone a slight change. An example can be given of a reform bill in Texas, which makes neutral medical tests for asbestos related diseases compulsory and another in the state of Georgia, where the onus is on the plaintiff to provide all possible evidence to show that the problem was indeed caused by asbestos.

These were reform bills signed in the mid 90s, after there was a lot of controversy over mesothelioma lawsuits being misused by both lawyers and patients for exaggerated claims. There, however, is no problem when it comes to genuine cases of mesothelioma.

The settlement amount also varies. In the south, it is believed that most mesothelioma settlements cross a figure of one million. However, there can be no generalisations made on the settlement money, since each settlement is dependent on the merits of the case itself and do not lend to generalisations.

The settlements can range from a few thousands of dollars to millions of dollars. There is no average amount for a mesothelioma settlement. There have even been cases of mass settlements, where people allegedly ended up getting just a few dollars individually. The final decision depends totally on the legitimacy of the accusations of negligence in the part of the defendant and the damage caused to the plaintiff. Since courts have a tradition of referring to previous settlements, the settlement could also depend, to an extent, on the results of other such settlements and trial decision in the rest of the country.

Article Source: http://EzineArticles.com/407990

0 commentaires

Average mesothelioma settlement amounts

Mesothelioma Medical and Legal Basics – What is the average mesothelioma settlement amounts? 

Mesothelioma is a cancer of the peritoneum, the layer of protective tissue surrounding the abdominal cavity. Mesothelioma is usually caused by asbestos, whose fibers attach themselves to internal organs when inhaled or ingested. Where most asbestos fibers are straight flakes, the fibers in chrysotile asbestos have a spiral configuration that makes them lodge into organs and cause long-term inflammation that eventually becomes cancerous. Symptoms of peritoneal mesothelioma include vomiting, nausea, appetite loss, clotting of the legs, anemia, fever, bowel obstruction and abdominal swelling-which is usually the first symptom that gets noticed. The swelling is caused by a buildup of fluid in the abdominal cavity, which happens concurrently with the formation of mesothelioma tumors in the same region. If the tumor cells metastasize, the malignant peritoneal mesothelioma often spreads throughout the abdomen up through the respiratory system, resulting in mesothelioma lung cancer, and putting pressure on the throat, making it difficult to swallow. The condition is difficult to diagnose initially, in part due to the symptoms having so much in common with other gastrointestinal problems, but mainly due to the long latency period of disease. It can take anywhere from 20 to 50 years between the patient’s first exposure to asbestos and the first symptoms becoming evident. Legal Issues Since the 1970′s, mesothelioma litigation has skyrocketed, especially in the US. 

This is due in large part to asbestos regulation finally becoming a reality with the passage of the Clean Air Act in 1970, and the first successful asbestos lawsuit against a company in 1973: Borel v. Fibreboard Paper Products Corporation. There are three main ways in which meso claims are handled. The first option is an individual lawsuit, which often ends with an out of court settlement. The Wall Street Journal reported that, according to the lawyers they interviewed, that the average mesothelioma settlement was $1,000,000; and that if the case went to trial, the average judgment was $6,000,000. However, The average mesothelioma settlement amounts has been hard to confirm. A review of settlements published online shows a range of settlement amounts ranging from four-figure to seven-figure checks. The second option is a class action, in which a suit is file for an entire group (class) of plaintiffs. Many or most of the individuals named as part of the class action aren’t aware of their involvement until they’re notified by mail, at which point they have the option to opt out of the suit. Opting out may be in their best interest, since their award is potentially much lower than it could be for a claim made in the future. Since mesothelioma takes decades for its effects to fully take hold, the medical costs will likely be out of reach by the average patient without being able to sue the responsible company for compensation. Class action participants who win a settlement or judgment today waive their right to sue the company in the future. Finally, victims can receive compensation from a mesothelioma settlement trust. Since asbestos has been out of production since 1975, most of the companies responsible for their employees’ asbestos exposure have claimed Chapter 11 bankruptcy. Companies that were sued and found liable prior to filing for bankruptcy usually set up settlement trusts that pay a portion of new claims that are brought to them. The attorney fills out a claim form for the client and submits it to the trustee. Settlement trusts typically pay 5-15% of the claim amount. One of the benefits of going through a trust is that it’s a fairly straightforward process: there are no judges, defense attorneys or medical experts to deal with. If you’re thinking about hiring a mesothelioma lawyer yourself, make sure that the retainer agreement doesn’t allow the lawyer to make a settlement without your permission, and make sure that you hire a specialist. Medical lawsuits are especially complex, and you’ll need an attorney with experience in handling a mesothelioma settlement.

http://averagemesotheliomasettlementamounts.blogspot.com/2013/10/average-mesothelioma-settlement-amounts.html

0 commentaires

What Mesothelioma Settlements Mean

Mesothelioma settlements are made when the court has ruled in favor of the plaintiff. This is the person who has filed the legal suit against a particular company or corporation. When you have suffered because of the exposure to asbestos, you have the legal right to file a suit against the company you might have been working for at the time of the incident. This is because the natural mineral has been known to cause a cancer that is very fatal which is referred to as mesothelioma. The people who are more likely to suffer from the illness include factory workers, mine workers, shipyard workers and the list is endless. Asbestos is used to make so many products for the household and factories and it can make up to 3,000 products. The substance is a very good insulator and this is the reason why it is so popular to manufacturers.

Mesothelioma is a disease that will affect your lungs, heart and abdomen the most common being the kind that affects the lungs and abdomen. When the asbestos gets into your system mainly through inhalation, it sticks to your body and is ingested in your system. The problems with mesothelioma might be experienced up to 30 or 40 years later. It is therefore very vital to ask yourself whether in your lifetime, you might have had the exposure even if it is for a very short time. This will empower you to know that if you got sick, you can pursue the case legally and get good mesothelioma settlements. If you continue to work in such an environment where you have the presence of asbestos, it is up to you to decide the course of action you are going to take to ensure that the company realizes the importance of safety from asbestos.

When you work without protective clothing, you risk infecting your family because the quantity of asbestos fibers in your cloths can do enough harm to them. Companies have been declared bankrupt with the increase of this cases. More and more people are starting to feel the effects of the exposure from many years ago and mesothelioma settlements continue to be made every now and then. There are several factors that are considered when mesothelioma settlements are being made and they include the following. The laws in your state will matter a lot and they determine the legality of your mesothelioma settlements. Before the settlements are made, the parties responsible must be considered and they may be companies or individuals.

If the mesothelioma ordeal facilitated the loss of your job, then this must be considered and when this is done, you will get the appropriate amount that can support your family comfortably. The other factor that is vital is the extent of your injuries and the more the injuries, the more you expect from the settlement. If the injury is very serious you also expect more. This is the reason why these cases have a lot of money riding on them. Mesothelioma cases are usually very serious. Another factor that will determine the settlement is how well the case was presented by the mesothelioma attorney. The internet is full of cases where you can get to see the exact amounts of the settlements.

Article Source: http://EzineArticles.com/1251461

0 commentaires

Prepare for a lawsuit

Some of questions that mesothelioma attorney may ask you:

• When did you first have contact with asbestos related products?
• Where were you when the contact occurred?
• What were you doing when the contact occurred?
• Who owns the property where the contact occurred?
• How long have you been exposed to asbestos?
• Did you or your employer purchase the product that contained the asbestos?
• Were you working at the time of the exposure? For whom?
• If you exposed to asbestos at work, do you recall any warnings, training or provision of protective gear by your employer to protect you from or educate you about asbestos?
• What disease or injury (asbestosis, mesothelioma, lung or other cancer) has occurred as result of the asbestos exposure?
• Please list your treating physicians and other medical providers.
• Do you or have you smoked? How much and when?
• When did you first receive treatment for the condition caused by the exposure?
• What was your diagnosis? What is your diagnosis/prognosis today?
• What type of treatment for your condition do you currently receive?

The better you can document your mesothelioma lawsuit, the more likely you will receive the most compensation money. All documents related to your work and exposure to asbestos dust or fibers in the workplace, health, pictures, and ideally also the witnesses, will help your mesothelioma attorney with your case. 

0 commentaires

Mesothelioma Attorney F.A.Q.

• What can people do if diagnosed with an asbestos-related disease?

Victims should follow all the directions of their doctors, but they can also contact an attorney to see if they have reason to pursue legal action against the party responsible for their condition.

• Are there time constraints for filing a mesothelioma lawsuit?

Yes, individual states have laws called statues of limitations, which limit how much time victims can initiate legal action.

• What does the compensation cover?

The compensation you could potentially receive can cover the mounting medical bills resulting from tests and treatment for your disease, the pain and suffering you have experienced as well as the mental anguish and grief suffered by yourself and your family, and financial security for your family after you have gone.

• How can I afford to pay a mesothelioma attorney?

Most mesothelioma attorneys work on a contingency basis, which means they don’t get paid unless you do.

• Can I file a mesothelioma lawsuit even if I am not the one who was exposed to asbestos?

Yes. You do not have to be the person initially exposed to asbestos in order to file the mesothelioma lawsuit. Mesothelioma lawsuits can be filed by someone who has developed mesothelioma (asbestos cancer) through frequent and extensive exposure to someone who had contact with asbestos even if they were never in contact with the asbestos source themselves. Additionally, if your loved one has passed away due to mesothelioma cancer, you can file a mesothelioma lawsuit on their behalf.

• How long does it take to settle a mesothelioma lawsuit?

Every lawsuit is different, and depending on your particular case the amount of time until settlement can vary greatly. Lawsuits than can be settled out of court are the fastest, however not every lawsuit can be settled equitably, some go to trial.

• What if I am not sure where or when I was exposed to asbestos?

Even if you do not know where or when you was exposed to asbestos, a mesothelioma attorney may be able to help. Experienced mesothelioma attorneys are trained to help you identify the asbestos products that you used and the job sites you worked at where asbestos exposure may have occurred. 

1 commentaires

Mesothelioma Lawsuit

The absolute initial step when you are diagnosed with mesothelioma (asbestos cancer) is to seek professional medical care. Quality healthcare is vital in helping to care of both the physical symptoms of the disease and also the emotional suffering that accompanies a terminal illness.

However, for the next step you should seriously think about contacting a professional asbestos mesothelioma attorney who has experience within the mesothelioma lawsuits and asbestos-related law. These types of cases are time sensitive. Every state limits the time you have to file a lawsuit once you're diagnosed with mesothelioma cancer. A attorney can assist you to file your claim before the statute of limitations expires. You should understand, that you may be able to file your lawsuit in more than one state. Your attorney should evaluate your case and assist you to choose the state which will be most favorable for you.

A successful mesothelioma lawsuit can provide the necessary financial compensation to help with expensive treatment options and to provide the financial security of your family in the future. A attorney specializing in mesothelioma cases will know how to establish and prove your exposure history, which is usually essential information for a successful lawsuit. Do not let time run out before you fight for what you deserve.

The primary reason mesothelioma litigation is feasible is because it's directly caused by exposure to asbestos, and nearly all exposure to asbestos might have been prevented by taking different action within the handling of materials that contain asbestos. Sadly, the asbestos production industries and manufacturing have a poor historical data of protecting the interests of their workers, with several examples of minimizing the health risks of exposure to asbestos. This has led to suffering for many who weren't given enough information concerning the asbestos toxicity, and were not supplied with sufficient protective equipment.

Mesothelioma Lawsuit Process

If you decide to file a lawsuit, your asbestos mesothelioma attorney should take care of the actual filing of the case and then all aspects of it after that. While everyone's case is completely different, there are a number of steps that apply to almost everyone who files an asbestos-related lawsuit.

Mesothelioma lawsuits commonly follow these steps:

1. Preparation

A lawyer will assist you in considering your legal options. Your lawyer also will gather information about your asbestos exposure and disease to see who is responsible for your condition and which court to file your lawsuit.

2. Filing

You must file an official, written complaint with a court to start your lawsuit. Your asbestos lawyer will prepare and file this document for you. In order for your case to move forward, your complaint should follow different court rules on how the document is written and the details it provides concerning your claim.

3. Responses

Each defendant in your mesothelioma lawsuit also will receive a copy of your complaint and have the possibility to respond. Because probably many years have passed since your asbestos exposure and the company responsible might have been sold or gone bankrupt. It may take a while to find and provide the appropriate individuals with your complaint. Once served with a copy of your complaint, every defendant will have a certain amount of time, typically around thirty days, to respond. Defendants not so often respond by admitting their fault. Your lawyer will reply to every defendant’s responses.

4. Discovery

During this stage, attorneys for each side of the lawsuit will ask the other side to provide documents, answer written questions, and participate in depositions. Discovery might take several months, but if you're in poor health your mesothelioma attorney can ask the court to speed the whole legal process along before your condition worsens. The defendant’s attorneys will search for evidence that something or someone else caused your illness. As a result, they're going to demand very personal information about you, like your medical records and history, information concerning your personal habits, work history, etc.. They can also look for some information from your loved ones, doctors and colleagues. You'll also need to participate in a videotaped deposition. During the deposition, you must take a oath before answering questions from the defendant’s attorney. This process might take a couple of hours or several days, however can be performed from the comfort of your house. Your lawyer should prepare your responses to any written questions and document requests, and should additionally go over probable deposition questions with you in advance.

5. Settlement

Before the trial starts, the defendant's attorneys might offer to resolve the case for a set amount of money. If no settlement is reached before trial, the defendant might make a higher settlement offer during trial. Your asbestos mesothelioma attorney should negotiate for you.

6. Trial

The trial process varies depending on where you file a claim. In some cases, it's not necessary for you to appear in court. If you win and the defendant doesn't appeal, you will typically begin receiving payments a couple of months after the trial.

7. Appeal

If you win after the trial, the defendant could decide to file an appeal. They will have a limited amount of time, usually between thirty and one hundred eighty days, to file an appeal. This will delay any financial award. If the defendant loses its appeal, you'll begin receiving your payments. But, if the appeal is successful, the defendant might end up paying a smaller amount or nothing at all.

Keep in mind that the majority asbestos mesothelioma attorneys work on a contingency fee basis. This means your lawyer only gets paid if you win your lawsuit. When a case is won, a percentage of the settlement is going to be paid to your lawyer. If a case isn't won, you pay no fees. Almost in each case, the defendant attempts to drag out the process. If there is no urgency, the process might take several months or longer. Your lawyer should work to resolve your case as quickly as possible , and handle every step of your mesothelioma lawsuit so you'll be able to focus on your health and spend time together with your loved ones.

0 commentaires

Mesothelioma Lawyer

All About A Mesothelioma Lawyer

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition. The rate of this disease is on the increase and there are new lawyers that are trying to settle many cases for different people. They have stepped in for the rights of the people to help them with their case.



Many victims of this disease need to have a mesothelioma lawyer to help them with their fight. These lawyers and law firms will deal with the victims and their families to help them claim the right compensation that they deserve from the companies that are responsible for their problems. These lawsuits result in a lot of money being won by the families when the right lawyer or firm handles them.

Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.

Today there are many mesothelioma lawyers to choose from and there are many that are right for you. Many of these lawyers have dealt with this type of suit in the past and know the correct way to handle it. Those people that are looking for a lawyer should choose someone with a good history and experience in this type of case. Most lawyers are happy to provide clients with information that may be helpful in using them for your services. They will show past cases with the names deleted to show proof of their victory.



It is a good idea to find out if the mesothelioma lawyer that you are looking into has won any of their cases or not. These elements can make all the difference when it comes to trying to find the right lawyer to help you with your situation. It is a good idea to do as much research as you can on the entire situation. You may be able to determine your future when you choose their right mesothelioma lawyer for you and your case.



When it comes to being sick with a disease that could have been prevented, it is hard to deal with. Finding the right mesothelioma lawyer to help you in your fight against these companies is a good start. You will be fighting for something that means so much to a lot of people and it will be worth it in the end.

2 commentaires