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How Do Mesothelioma Settlements Work?

mesothelioma settlementsIf you have a mesothelioma diagnosis, you probably have a legal claim against the corporation or corporations that caused your mesothelioma. At some point after you hire an asbestos attorney and file your lawsuit, your lawyer will probably engage in mesothelioma settlements negotiations with some or all of the companies you are suing. Mesothelioma settlements can be quite large

Most Lawsuits End with Mesothelioma Settlements

Mesothelioma settlements are the most common outcome for people who file lawsuits to recover damages for their asbestos-related illness. This mirrors a trend in the legal world at large: the vast majority of lawsuits of all kinds settle before going to trial. Trials make news headlines and exciting TV shows, but settlements make more sense for most plaintiffs.

While jury verdicts are often larger than settlements, they may be reduced on appeal. And of course, no case is a sure winner at trial, some are lost! Trials can take months or even years and that’s time that most mesothelioma patients don’t have. Mesothelioma settlements are often paid more quickly than jury verdicts, so funds can be available to help with mesothelioma care.

How Much Are Typical Mesothelioma Settlements?

One of the reasons that corporations prefer to a settle lawsuit rather than going to trial is that settlement agreements are almost always confidential. The corporation agrees to pay a certain amount of money and, in exchange, you and your lawyer agree not to publicly reveal the amount of the settlement. For this reason, it is hard to give a specific amount for typical mesothelioma settlements.

At Kazan Law, we have decades of experience negotiating mesothelioma settlements. While juries may award plaintiffs with mesothelioma more than they would get in a settlement, settlements can also run in the tens of millions of dollars.

What Factors Affect Mesothelioma Settlements?

Mesothelioma settlements are the result of negotiations between your lawyer and the defendants. When considering whether it makes sense to settle your mesothelioma lawsuit or bring it to trial, you and your asbestos attorney will want to consider several factors.

The first and most important is whether the defendant is willing to negotiate in good faith and to make a reasonable offer. If a corporation refuses to acknowledge its responsibility, a jury trial may be the only way to get the compensation you deserve.

Another important factor is the strength of your case. For example, let’s say that you have named two defendants in your lawsuit: Corporation A and Corporation B. You worked with Corporation A’s products for 12 years repairing machinery in a boiler room where its asbestos insulation was used. Corporation A has been named in other asbestos lawsuits; a number of workers have developed mesothelioma or other asbestos diseases. In fact, one of your former coworkers who used Corporation A’s productsalso has mesothelioma. Your case against Corporation A is strong. You are likely to win at trial against Corporation A. You may decide to settle, but only if the defendant offers fair compensation for your illness.

Now let’s look at Corporation B. You only worked with its  products for three months, at many different sites and you worked around its asbestos only occasionally and for short periods of time  It is possible that your illness was caused or contributed to by your work with Corporation B’s products. However, the link is weaker.

With Corporation A and Corporation B, the strength of your case will affect the amount of the mesothelioma settlements. Your attorney will be able to demonstrate to Corporation A that he or she can present a compelling case to a jury. There is a strong likelihood that you would win a large verdict against Corporation A, so your attorney is more likely to be able to negotiate a large settlement amount with Corporation A. With Corporation B, your lawyer might advise you that a modest mesothelioma settlement is a better option than taking your case against Corporation B to the courtroom.

What is the Timing of Mesothelioma Settlements?

Settlement negotiations can begin almost immediately. However, many parties prefer to wait for the discovery process before considering mesothelioma settlements.

When you file your mesothelioma lawsuit, your attorney will conduct discovery, which is the process of demanding documents from the defendants and developing the facts of your case. The information that comes out in this phase of your lawsuit will help determine the size of mesothelioma settlements with the different defendants.

The timing of settlements varies widely, depending on the willingness of both sides to settle the case and what type of mesothelioma settlements are offered. Some cases settle within a few months. Some may settle the day the case is scheduled to go to trial. This is known as settling on the courtroom steps – and that is sometimes where settlement agreements are reached. Some cases may even settle in the middle of the trial.

One of the most important factors for you to consider about mesothelioma settlements is your health and your energy level. If you can reach a just settlement and end your case early, you can focus on what is really important: your health and your loved ones.

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