Mesothelioma Settlements: How to Attain the Highest Settlement Possible
At Kazan Law, we firmly believe that the corporations who knowingly exposed people to toxic asbestos should compensate those who become ill because of their negligence. A diagnosis of mesothelioma deserves the highest possible asbestos settlement.
Compensation Factors for Mesothelioma Settlements
If you suffer from mesothelioma, you are entitled to compensation for your medical expenses and lost wages, as well as the emotional distress and physical pain caused by your illness.
The amount you can expect to receive depends on several factors. Mesothelioma is recognized as a very serious asbestos-caused cancer and mesothelioma victims tend to receive higher awards than those suffering from less serious asbestos diseases.
If you have had to stop working due to mesothelioma, your lost wages award will cover your past lost wages as well as future earnings that you and your family will be deprived of. The calculation of lost wages takes into account your past income level, your earning potential, and the number of years that mesothelioma has shortened your working life. Someone who becomes ill with mesothelioma at age 45 would receive more compensation for lost wages than someone who becomes ill at age 60. If you had already retired before you were diagnosed with mesothelioma, lost wages will not be part of your settlement; but potential lost pension and social security payments will be.
Your medical bills will establish the cost of your illness. Statements from your doctors, medical records, and your testimony will establish the extent of your emotional distress and physical pain.
Although mesothelioma is always caused by asbestos exposure, the defendants in your case may try to reduce the amount to which you are entitled by claiming that your past behaviors such as smoking reduced the value of your case.
Other factors that may affect your settlement include the length of your exposure to asbestos and whether the company or companies responsible for your mesothelioma know they have exposed you and others to harmful levels of asbestos.
As your lawyers work to settle your case with multiple defendants, you may receive compensation starting a few months after you file your case, and for several years thereafter. If you are diagnosed with late-stage mesothelioma, the settlement process may be expedited.
How an Experienced Attorney Improves Your Chances of Attaining Fair Mesothelioma Settlements
Your mesothelioma lawyer will work to get you the best possible settlement so you can focus on your health and your family. An experienced asbestos attorney may have sued the defendants in your case in the past and will know the ins and outs of the asbestos litigation process.
Your attorney’s role is to build a case that will achieve the highest possible settlement for your injuries. At Kazan Law, we file asbestos lawsuits mainly in the California courts because the people who serve on California juries understand the true value of mesothelioma claims. We are able to get substantial settlements for our clients because defendants know this.
Your mesothelioma lawyer will do the heavy lifting during the negotiation process and provide guidance on whether a defendant’s offer is fair. If the initial offer is low, it is your attorney’s job to push back and demand the compensation you deserve.
An experienced asbestos attorney will base his or her assessment of the settlement offers in your case on other settlements in similar cases and let you know what your best options are. If a defendant refuses to negotiate or fails to offer a fair settlement, your attorney may advise you to go to trial.
Benefits of Securing a Mesothelioma Settlement In Lieu of Trial
More than 80 percent of all civil lawsuits settle before going to trial. Settlements often provide a better outcome for both sides because they provide certainty, avoid the risk, time and expense of trial. You and your family can receive the benefit of compensation from a settlement much sooner than you would from a trial. If you win at trial, the defendants may file an appeal, which can drag your case out even longer.
In addition, there is no way to predict the outcome of a trial with any certainty. If your case goes to trial and you lose, you may receive no compensation for your illness.
In many cases, a victim of mesothelioma may have a very clear case against a defendant that is trying to shirk its responsibility for willfully, intentionally, or negligently exposing people to asbestos. In those cases, a jury trial may yield a higher award and set a precedent that will help other mesothelioma sufferers receive the compensation to which they are entitled.
Settlements can happen at any time. As your lawyer presents your case at trial, the defendants may decide it’s in their best interest to end the trial early by offering you a settlement.
Your lawyer will review your case with you in detail and help you make the decision about whether to go to trial or accept a settlement for your mesothelioma. An experienced asbestos attorney can be your best ally in your fight to get the compensation you deserve.