The Case Process

Mesothelioma Settlements

Those coping with a disease caused by asbestos exposure are typically too ill to work or perform much physical activity. For this reason, all asbestos-related case processes, including the settlement process, are completely handled by a mesothelioma lawyer.

The case may not even have to go to trial if a settlement can be reached between the plaintiff and defendant. Settlement negotiations may begin as soon as a claim is filed against the defendant. If the defendant has lost cases in the past, they may want to quickly settle without going through the case process again. But settling early may not provide ample compensation to cover the costs incurred. The defendant will first present a low amount in comparison to future offers, so it may be advantageous to hold out for another offer.

Offering to settle usually occurs when the defendant fears they cannot win the case. Such apprehension may be induced by the following:

  • The discovery of information that will confirm a favorable verdict for the plaintiff.
  • A compelling deposition that favors the claimant.
  • A lack of time to complete necessary research before trial.
  • Sudden unavailability of a key witness or expert needed to win the case

How much can you expect to receive in a settlement situation? This varies depending on the case. There have been a number of very high settlements, as well as moderate and private settlements. Some of the highest settlements of all time include the following cases:

  • $250 million awarded to 70-year-old Roby Whittington from U.S. Steel after being diagnosed with mesothelioma.
  • $34.1 million awarded to a previous employee of Shell Oil Company in Wood River, Illinois after the plaintiff developed pleural mesothelioma.
  • $33.7 million to a California resident and his wife from Foster Wheeler Corporation in a wrongful death lawsuit.

Of course, not all asbestos-related lawsuits end in settlements quite this high. In all likelihood, settlement will coincide with the cost of your medical expenses, lost wages, and other costs incurred fighting asbestos-related illness. However, a multi-million dollar settlement is not out of the question.

Keep in mind that with any settlement, you will have to pay your asbestos attorney a percentage of the money received. This percentage may be different if you negotiate a settlement rather than win in court. When determining the minimum acceptable amount of a settlement, make sure to account for the percentage of fees you will pay to your lawyer.

Plaintiffs likely receive compensation in increments, not all at once, especially if the settlement was quite large. Remember, you can also pay an investment company to award settlement money right away. They will take a cut, but you will have a lump sum to help pay for medical bills.

Want to learn more? Please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive an informative packet full of helpful facts and details about asbestos-related issues. For more information about filing lawsuits and other legal processes, please see Case Process.

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