Asbestos Lawsuit Payouts and Expert Witnesses
The amount of compensation that a victim receives from an asbestos lawsuit will depend on the nature and severity of their diagnosis. Settlements can be made prior to, during or even after the trial.
Many companies that employed asbestos have shut down or gone bankrupt and resulted in large sums of money being set aside by courts to help victims.
Trials
Oft, it can take many years between exposure to asbestos and a diagnosis of mesothelioma (or another asbestos-related disease). Lawsuits filed against companies responsible for that exposure are designed to hold them accountable for the damage they cause. Anyone who suffers from an asbestos-related disease are usually faced with financial hardships of a significant magnitude mesothelioma lawyers may aid victims and their families recover compensation from those responsible for the harm they cause.
Mesothelioma lawsuits can result in huge verdicts. However in the event that the case is not resolved before the statute of limitations expires, the victim could receive no compensation at all. Mesothelioma lawyers are well-versed in the process of negotiating settlements, and they can help clients decide whether settling their case early or going to trial is in their best interests.
Asbestos has been used in the United States for so many years that courts have ordered companies who manufacture or distribute asbestos to set aside funds to pay victims. Trusts have been depleted over time, so settlement amounts are rationed. The dollar amount of the settlement or verdict is contingent on the amount of evidence available to back up the claim.
An experienced mesothelioma lawyer will review an individual's potential claim and evaluate its worth during a free case evaluation. Typically those diagnosed with mesothelioma or other asbestos-related diseases is the plaintiff in the lawsuit. However, those who have lost a loved one due to an asbestos-related disease may be in a position to file a wrongful-death lawsuit on behalf of the deceased.
A successful asbestos lawsuit may also award punitive damages. These damages are meant to penalize a company for its negligence and deter others from doing the same. A California jury awarded a woman suffering from pleural mesothelioma $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 sold asbestos-based drywall. A pipefitter was awarded $43 million as a result of his occupational exposure to asbestos.
Settlements
Negotiations will begin once a plaintiff's attorney identifies the asbestos-related companies. Asbestos firms often try to settle claims quickly to limit their legal costs. Asbestos firms often seek to settle claims fast to limit their legal costs.
Settlements for asbestos lawsuits could differ widely based on the particular case. In general, higher mesothelioma settlements are awarded to cases that have more severe damages. For instance, a $11 million settlement was granted to a 48-year-old U.S. Navy veteran who worked as a drywall sprayer.
The amount of compensation for mesothelioma usually increases when there is more evidence to show that the victim was exposed to an asbestos-producing company. When calculating the amount of compensation various factors like the patient's age and the mesothelioma's total cost, future and past medical expenses and lost wages are taken into consideration. An experienced mesothelioma lawyer can help determine the potential size of an asbestos settlement based on a person's particular situation and the symptoms.
During the litigation process the legal team representing the victim will collect and examine evidence of asbestos exposure. The legal team will also make a complaint to the appropriate state court system. The plaintiff's attorney will then begin the process of discovery in order to discover evidence prior to trial.
The majority of asbestos lawsuits settle out of court before reaching a decision. However, a seasoned mesothelioma lawyer can prepare the case for trial. Settlements are made at any point in the litigation process. A mesothelioma lawyer can advise victims to decide whether or not to accept an offer of settlement.
Victims are able to choose to accept or reject an offer and continue to fight for a full and fair settlement. If victims do not want to accept an offer of settlement, they can go to trials against asbestos-producing companies in order to receive more money from a judge. Trials can be costly. The majority of mesothelioma lawyers work on a contingent basis, which means that they only get paid if they win a verdict or win an asbestos settlement.
Statute of Limitations
The time limit that applies to your asbestos case will be contingent on the location you reside in. A lawyer can assist you in determining if your time limit is over and give advice on other ways you may pursue compensation.
In the majority of personal injury cases the clock begins to tick the moment you are injured. The signs of asbestos exposure may take years to manifest and be identified. This means that by the time you are ready to file a lawsuit the statute of limitations may be over.
In addition, asbestos companies frequently make use of this delay to wear down victims and force them to accept a low settlement offer. A mesothelioma lawyer can stop this from happening by suing for a larger compensation award.
The amount of compensation you will receive as an asbestos victim is contingent on many factors. These include the amount your family and you have lost in medical and wages due to your illness. Your lawyer will also take into account your suffering and pain.
In certain states, the statute of limitations is shorter than in other states. A lawyer can help you to understand the limitations statutes in your state will apply to your case, and recommend a filing window.
The length of the mesothelioma cases is contingent on the number of defendants and the type of exposure. The cases that involve multiple asbestos producers and sites, for instance typically require more time to settle.
Settlements for mesothelioma cases vary greatly. Some victims receive millions of dollars, while others settle for a small amount. The average mesothelioma jury verdict is $2.4million, but many patients have received more substantial jury awards.
Courts have ordered that asbestos companies set large funds aside to compensate injured victims. These asbestos law firms funds can be tapped into by victims to secure lump-sum settlements, which are easier for asbestos companies to agree to than jury verdicts. However there are plaintiffs who are not willing to settle for this and opt to pursue mesothelioma lawsuits. They could be in the presence of juries that are pro-company but they could still get fair compensation.
Expert Witnesses
An expert witness is someone who has specific training and has the skills, experience or education on a topic that is relevant to the case. Their testimony can help the court and jury comprehend complex topics that are beyond the reach of common knowledge. Experts play a crucial role in a variety of personal injury cases including asbestos exposure cases.
Mesothelioma patients are suing companies that manufactured or sold asbestos-containing products. Expert witnesses' testimony is vital to the validity of each victim’s claim. Experts provide their views on various aspects of the case such as how asbestos-related illnesses develop and who is responsible. Expert witnesses can help jurors comprehend complex scientific concepts that are often beyond their scope of understanding.
The experts in a lawsuit related to asbestos may include a variety of medical and technical professionals. These experts are often oncologists or rheumatologists. These experts can explain the link between mesothelioma and asbestos exposure, as well as other asbestos-related illnesses. They can also pinpoint the individuals responsible.
In certain cases an expert witness from a professional can also be a toxicologist. They can testify as to how an person was exposed to asbestos while working and how exposure to asbestos could be a contributing factor to their illness. They can also testify on the effects of asbestos on the air quality and water quality, and other health and safety issues.
Other experts in an asbestos case may be industrial hygienists and metallurgists and engineers. They can testify on a worker's job duties, how much asbestos was used on the job, and how that amount of asbestos might have contributed to the worker's mesothelioma or another asbestos-related disease.
During the discovery phase, both parties need to lay all their cards on the table. This includes a listing of the experts they plan to consult. Most asbestos lawyers have professional relationships with solid expert witnesses. They can procure for their clients an expert witness who is respected and will give crucial testimony to the case.