Asbestos Lawsuit Payouts and Expert Witnesses

The amount of compensation a victim receives in an asbestos lawsuit will depend on the nature and severity their diagnosis. Settlements may be reached prior to, during or even after the trial.

Thousands of companies that used asbestos have either shut down or gone bankrupt, leading to large funds being set aside by the courts for victims.

Trials

Oft, it takes many years between exposure to asbestos and a diagnosis of mesothelioma (or another asbestos-related disease). The lawsuits brought against the companies responsible for that exposure are designed to hold them accountable for the damage they cause. Those who develop an asbestos-related disease are usually confronted with a financial burden, and mesothelioma lawyers can help families of victims recover compensation from responsible parties.

Mesothelioma cases can result in substantial verdicts. If the case doesn't settle before the statute runs out, the victim will not receive any form of compensation. Mesothelioma lawyers are familiar with the negotiation process and can guide their clients on whether the settlement is in their best interest.

Asbestos has been used in the United States for so many years that courts have commanded companies who manufacture or distribute asbestos to reserve money to compensate victims. Trusts have been drained over time, and settlement amounts are rationed. The amount of the settlement or verdict is contingent on the amount of evidence available to support the claim.

A mesothelioma attorney can evaluate a potential claim and determine the value of the claim through a no-cost evaluation. Typically those diagnosed with mesothelioma or other asbestos-related diseases is the plaintiff in the lawsuit. However, loved ones who have lost a loved one to an asbestos-related illness might be able to file a wrongful-death lawsuit on behalf of the person who died.

In addition to compensating an individual for the financial costs incurred by their injury, a successful asbestos lawsuit can award punitive damages. These damages are intended to punish a business and deter others from engaging in similar wrongdoing. A California jury awarded a woman suffering from pleural cancer $52 million for exposure to asbestos through the products of Avon. A jury awarded a 47-year old U.S. Navy veteran, $11 million in damages from companies that offered asbestos attorney-based drywall. A pipefitter received $43 million due to his occupational exposure to asbestos attorneys.

Settlements

When a lawyer for a plaintiff's attorney identifies the companies responsible for asbestos exposure and exposure, they will engage with them. Asbestos firms often seek to settle claims fast to minimize their legal costs. Asbestos companies often seek to settle claims fast to limit their legal costs.

Settlements for asbestos lawsuits could differ greatly based on the specific case. In general, mesothelioma cases with higher damages are paid more. For instance, an $11 million settlement was granted to a 48-year-old U.S. Navy veteran who worked as a drywall sprayer.

Mesothelioma compensation amounts are generally higher when more evidence is provided to prove the victim's exposure to an asbestos-producing company. When calculating the amount of compensation, factors such as the age of the patient and the mesothelioma's total cost, the past and future medical expenses as well as lost wages are taken into consideration. A mesothelioma lawyer can help determine a settlement amount depending on the specific circumstances and signs of the patient.

During the course of the litigation the victim's team of lawyers will investigate and collect evidence of asbestos lawyer exposure. The legal team will make a complaint to the appropriate state court system. The lawyer for the plaintiff will begin the discovery process to uncover evidence for trial.

The majority of asbestos lawsuits settle in court without a final verdict. However, an experienced mesothelioma lawyer can prepare the case for trial. Settlements are offered at any time during the litigation process. A mesothelioma attorney may recommend that victims accept or refuse a settlement offer.

The victim may choose to accept or decline an offer, and then continue to fight to get a fair and full settlement. If victims refuse to accept an offer of settlement, they can go to trial against asbestos attorney-producing firms to win more money from a juror. Trials can be expensive. The majority of mesothelioma lawyers work on a contingency basis, which means they only collect payment when they secure an asbestos settlement or obtain a judgment at trial.

Statute of Limitations

If you file an asbestos lawsuit, the time limit for your claim will depend on the state where you live. A lawyer can assist you determine if the deadline has passed and advise on other ways to seek compensation.

In most personal injury lawsuits, the clock begins to tick when you're injured. If you are exposed to asbestos, however, it can take decades for symptoms to manifest and be recognized. By the time you're ready to file a lawsuit, the statute of limitation may have expired.

In addition asbestos companies also use the delay to make victims accept a lower settlement. A mesothelioma lawyer could stop this from happening by fighting for a greater compensation amount.

The amount you are likely to receive as an asbestos victim is contingent on many variables including the amount your illness has cost you and your family in lost earnings and medical expenses. Your attorney will also take into consideration your suffering and pain.

In certain states, the time limit for filing a lawsuit is different than other states. A lawyer can help to understand how the statutes of limitations in your state apply to your case, and recommend an appropriate filing window.

The length of a mesothelioma lawsuit is also dependent on the number of defendants responsible for your exposure, as well as the type of exposure. For instance, cases that involve multiple asbestos producers and locations usually require more time to resolve.

Mesothelioma settlements in lawsuits vary greatly and some victims receive millions of dollars, while others settle for less. The average mesothelioma verdict is $2.4 million, however many mesothelioma patients have received more substantial jury awards.

Courts have compelled asbestos companies to reserve large sums of money for compensation of injured victims. These funds can be used by the victims to get lump-sum settlements that are easier for asbestos companies to accept than jury verdicts. Certain plaintiffs are not willing to accept this and prefer to go to mesothelioma trial. They could face juries that are pro-company but they could still receive fair compensation.

Expert Witnesses

An expert witness is one who has been trained or experience, skills, or has a degree in a subject that is relevant to the specific case. Their testimony can help the court and jury comprehend complex topics that are beyond the reach of the general knowledge. Experts are crucial in a variety of personal injury cases. This includes those that involve asbestos.

Mesothelioma patients file lawsuits against companies that manufactured or sold asbestos-containing products. The strength of each victim's claim depends on the testimony of experts witnesses. Experts provide their views on different aspects of the case such as how asbestos-related diseases develop and who is to blame. Expert witnesses can help juries to understand complicated scientific concepts that are often beyond their area of understanding.

The experts in a lawsuit related to asbestos could include a variety of technical and medical professionals. They are typically oncologists, pulmonologists, or rheumatologists. These specialists can explain how asbestos exposure is linked to mesothelioma and other asbestos-related diseases. They can also identify the responsible parties.

In some instances an expert witness can also be a toxicologist or an environmental health and safety professional. Experts can testify on the extent to which an individual was exposed to asbestos while working and how that exposure may have contributed to their health. They are also able to testify about the effect of asbestos on air quality and water quality, in addition to other health and safety issues.

Other experts in an asbestos-related case could be industrial hygienists and metallurgists and engineers. They can testify about the work duties of an employee, the amount of asbestos used at work, and the possible contribution that asbestos had to mesothelioma, or other asbestos-related illnesses.

During the discovery phase, both parties must lay all their cards on the table. This includes a list of the experts they plan to use. Often, experienced asbestos lawyers have professional relationships with reputable expert witnesses. This means that asbestos lawyers are able to get their clients a reputable expert witness who will provide crucial testimony in the case.