Everyone who decides to pursue legal options for exposure to asbestos hopes that the outcome will be positive and will involve some monetary compensation that will help address expenses such as medical bills, loss of income, and funds for survivors of the victim.

The compensation from mesothelioma lawsuits runs the gamut from small amounts to very sizeable sums in the millions of dollars, but every case is different from the next, and it’s often difficult to predict what compensation might entail and whether or not the plaintiff will even receive a settlement verdict in their favor. However, an experienced asbestos attorney is well-equipped to decide whether your case is viable and likely to be awarded compensation.

Settlements

Once your attorney files the proper papers for your asbestos lawsuit, the defendant(s) can respond in a number of different ways. While they may deny guilt, they also may admit responsibility and offer to make a monetary settlement without going to court. If this is their wish, their attorney will contact your attorney with details of the settlement. Your attorney will carefully review the settlement offer and decide whether it is in your best interest to accept the terms. They will explain the terms to you carefully, and if you decide together that it is acceptable, you will sign the appropriate papers and the case will be closed. At this point, you will not go to trial and cannot sue the defendants again. In the case of multiple defendants, some may offer a settlement while others may choose to go to trial.

Trial Verdicts

If defendants do not want to settle out-of-court, your case will go to trial. At the close of the trial, the defendant will be found guilty or not guilty. If the defendant is found guilty, monetary compensation will usually be awarded to the plaintiff. There is no set mesothelioma compensation, so what you receive will depend on your individual case and such factors as medical bills and lost income.

Once the compensation is determined, the defendant has the right to appeal the award. This will stall the receipt of the money, though the defendant will need to post “bond” for the amount awarded. The appeals process can be quite long so it may be some time before any money is dispersed. If the appeal is successful, the defendant will not have to pay and the case will be considered complete.

Bankruptcies and Trust Funds

Throughout the last few decades, many companies that produced asbestos products have declared bankruptcy due to an onslaught of mesothelioma lawsuits filed against them. That doesn’t mean that the company has no money it all; it just means they may be unable to come up with funds to address all the lawsuits against them, and as a result, they file for bankruptcy in federal court. This typically indicates their liabilities exceed their current assets.

In many cases, what has arisen from these bankruptcy cases is the formation of mesothelioma compensation funds - sometimes referred to as trust funds. These are formed when the court orders these companies to set up funds for asbestos victims to be compensated.

While these funds are certainly a positive step towards taking care of those sickened by exposure to asbestos, there can be problems with these accounts when they are under-funded and cannot accommodate the needs of all victims. Also, it can take a little while to collect compensation from these trust funds, which is why it is best to seek the assistance of an experienced mesothelioma lawyer.

VA Claims

Many individuals who served in the military were exposed to asbestos, especially those who worked in shipbuilding during World War II. These veterans have a right to file a claim with the Veterans Administration seeking compensation for the injuries developed while serving their country. The Veterans Assistance Department at Asbestos.com offers free assistance with filing claims, as the paperwork can be confusing and complicated. F

For the greatest opportunity to receive a large sum of compensation, victims of asbestos-related disease should hire a lawyer who is experienced in this very unique arm of the law. The differences between mesothelioma and other work-related hazards are vast, and attorneys who are experienced in this arena already have research and supportive evidence at their disposal. Mesothelioma attorneys also have contacts with other organizations that are active in the fight for workers’ rights concerning asbestos-induced disease, such as the Occupational Safety and Health Administration, the Federal Railroad Administration, AFL-CIO, and the National Transportation Safety Board.

Attorneys who focus on these cases compare the victim’s situation against local, state, and federal regulations, in conjunction with historical standards (such as the Safety Appliance and Boiler Inspection Act). An experienced attorney can offer an expert opinion regarding an individual’s case, and whether it should be heard in from of a jury trial. It has been found that jury trials rule on the side of the plaintiff in most cases, and award higher damages than those received in out of court settlements. This is largely due to professional legal presentation of data regarding the asbestos industry’s negligence, as well as statistics of those who have been affected.

The more familiarity a lawyer has with the details associated with asbestos exposure, the better position he or she is in to prove the victim was unaware of the dangers of exposure and is thus deserving of a fair compensation. Since it is impossible to put a monetary amount on anyone’s lifespan or quality of their last years, “fair” compensation should be generous enough to pay for all necessary medical care, psychological support for the victim and their family, skilled nursing or long-term care, and additional sums to compensate for the pain and suffering caused to all involved.

How to find a Mesothelioma Attorney

A lawyer should be chosen that meets most of an asbestos-exposure victim’s needs: proximity, reputation, convenience of meeting times, and rate. It is important for those filing a claim to experience feelings of comfort and trust with the lawyer, and a sense that communication will remain clear, open, and timely. The plaintiff owns the case, and as such, should be consulted by the lawyer prior to any legal decisions. It is important to be wary of any lawyer who says the case can “definitely” be won, since it is impossible to guarantee such a decision with any lawsuit. Though there is no way to guarantee a case, with a competent and experienced mesothelioma attorney, a much better opportunity exists for victims to win their cases.

The extensive resources at Hereoffer excellent referrals for some of the most experienced asbestos and mesothelioma attorneys in the nation.