Mesothelioma Verdicts & the Value of a Case

Depending on the case, a verdict in an asbestos lawsuit can be reached relatively quickly, while others may take more time. Typically, a suit that is settled out of court will attain resolution faster than one that winds its way through the legal process.

Liability is one of the major factors in reaching a verdict. It is the job of the plaintiff's attorney to prove the entity being sued is responsible for the damage to the plaintiff, and this will weigh heavily upon a verdict. What damages should be compensated for is another vital factor in determining a verdict. The plaintiff's attorney must also provide a benchmark for the judge or jury to use when determining compensation. This is achieved through consideration of the compensatory damages, as well as punitive damages. Compensatory damage is money paid to compensate the plaintiff for the loss or harm that was suffered. Punitive damages do not take the plaintiff's condition into account at all, but are used as a preventative measure to deter against the defendant (and other entities that have caused similar harm to people) from performing such injurious actions again. Typically, the more egregious the jury feels the defendant behaved, the larger the punitive damages.

If the jury rules in favor of the plaintiff, they will determine a level of compensation based on compensatory and punitive damages. While compensatory damages may be capped in some instances, most states do not have caps on punitive damages. With no limit on punitive damages, it is not unusual for an asbestos compensation to reach millions of dollars. In many cases this is due to the knowledge that asbestos companies were aware of the dangers of their product and did nothing to protect or warn workers of the associated hazards.

When to Go to Court and When to Settle

Working with an experienced asbestos or mesothelioma attorney can help you make the decision on whether to settle the case or take it to trial. While the trial option may result in a large punitive damage award, there is no guarantee. Juries can be surprising, and many attorneys can attest that there are no sure bets in a trial. While the amount of compensation awarded in a settlement may be smaller than an amount you could have hoped for at trial, it is guaranteed compensation.

Before a company enters into an out of court settlement with a plaintiff, they have to involve their insurance company. This ensures that any agreement reached will be paid. In the case of a jury verdict, you may receive a large award, but the defendant's insurance company may fight it or the company may appeal. Deciding when to settle is a decision best made with the knowledgeable advice of a mesothelioma attorney, as every case is different and full of variable factors to be considered.

Ensuring Compensation

The best way to protect yourself and ensure compensation in an asbestos-related claim is to employ the services of an experienced mesothelioma attorney. There are many competent attorneys available, but without the experience of working with asbestos exposure claims, you will not receive the best service or utmost compensation. Attorneys that work with asbestos claims are knowledgeable of the dangers of exposure, the medical expenses asbestos-induced illnesses cause, and understand that monetary compensation does not begin to touch the pain and suffering that a family may suffer. These attorneys also understand the nature of mesothelioma and other asbestos-related diseases, and that a quick resolution to a lawsuit is not only desired, but necessary.

If you feel you have a legitimate asbestos-related claim, take the time to speak with an attorney who has worked on these types of cases before. These lawyers feature an experienced team that can review medical records and help determine the best course of action to take. A skilled mesothelioma attorney is familiar with verdicts and the companies that have been involved in these suits-and this is essential knowledge when deciding whether to settle a case or pursue a verdict.

Additional Resources

Resources available at Asbestos.com can only offer basic assistance in understanding the generalities of the mesothelioma litigation process.  If you seek legal information, it is always a good idea to  speak with a qualified lawyer of your choosing to ensure that you get accurate information regarding any potential claim that you might have.