Mesothelioma Lawsuit Settlements

Mesothelioma patients need compensation for medical expenses, lost income, and suffering. A competent attorney can assist asbestos victims and their families get an equitable amount of compensation.

A court-ordered settlement or a verdict could provide financial compensation to a victim. This compensation may include money for past and future losses.

Jury Trials

In a mesothelioma settlement asbestos producers agree to pay a particular amount to asbestos-related sufferers. Compensation may include compensation for discomfort and pain and medical expenses, lost wages and other costs. In the event of their exposure, mesothelioma sufferers may be able to claim damages for wrongful deaths.

Lawsuits against companies that manufacture or distribute asbestos-containing products are filed in state courts across the nation. Mesothelioma lawsuits can be filed by individuals with mesothelioma or their family members. The first step in filing the lawsuit is to get all medical records and establish the approximate date of exposure to asbestos. Mesothelioma usually develops 10 to 40 years after exposure to asbestos. State laws, also referred to as statutes of limitation, generally allow for three to five years from the time of diagnosis or discovery to file an action. In many cases, the victim of mesothelioma dies before a lawsuit is completed. In this case an wrongful death lawsuit is filed by the spouse of the deceased or other family members on behalf of the victim.

Lawyers take into account past and projected losses when calculating damages for mesothelioma. The amount of economic losses is based on the ability and willingness of the victim to work, including lost wages and future earnings. Non-economic losses are subjective and focus on the suffering of the victim and lack of enjoyment in life.

A person diagnosed with mesothelioma must seek out a mesothelioma attorney. Lawyers who specialize in this field are familiar with the legal process, know asbestos laws in the state and will ensure that clients receive an equitable settlement.

Asbestos lawsuits can involve multiple defendants. These include the asbestos-related business that is responsible for a victim’s exposure, as well as other parties such an insurance company that offers mesothelioma insurance. Multiple defendants were involved in a few of the largest settlements involving mesothelioma. In the 2003 case, which involved steelworkers, the jury awarded $250,000,000 in damages. However settlement negotiations reduced the award to $140 million. Asbestos defendants are also required to reserve funds for the victims of their products, known as trust funds. However, some of these entities have been swindled by lawyers who have sought large cash awards for mesothelioma claims of their clients and other asbestos-related claims.

Settlements prior to Trial

Settlements for asbestos lawsuits are usually reached prior to the beginning of a trial. Asbestos attorneys must consider many factors when negotiating settlements, such as the severity and impact of the victim's asbestos related disease and their family. Lawyers may also need to make sure that the victim receives sufficient money to pay for the medical treatment and living expenses.

The mesothelioma attorneys at Weitz & Luxenberg, P.C. have years of experience the negotiation of mesothelioma settlements on behalf of victims and their families. The firm is a pioneer in asbestos lawsuits and clients have praised the firm for its ability to negotiate significant settlements.

Mesothelioma lawsuits usually settle before going to trial, but if a settlement cannot be reached, the lawsuit will be taken to the court. A judge or jury will decide the amount of damages the victim is awarded. Compensation may include compensatory damages (for medical treatment, lost wages and pain and suffering) as well as punitive damages that are awarded in accordance with the company at fault's past history of negligence.

A jury's decision will typically award a higher sum than a settlement. However, a mesothelioma lawsuit settlement may be more appealing for certain victims because it provides faster access to financial compensation. Once a lawsuit is settled, the victim are able to receive their money within 90 days or less. Jury trials in contrast can last for weeks or even months. Appeal hearings could delay the compensation of victims for many years.

It is important to file a mesothelioma claim before the statute of limitations passes. The deadlines for filing a claim differ by state, so a mesothelioma lawyer must review your asbestos exposure and your work background to help you file a lawsuit before the deadline expires.

Asbestos lawyers should be knowledgeable of the laws of the state they represent that governs the number of defendants a plaintiff may choose to name in a lawsuit and the amount they are entitled to in a mesothelioma settlement. In many states, plaintiffs can file lawsuits against a variety of companies that manufactured or distributed asbestos-based products. The amount of compensation for mesothelioma can be increased by having more defendants.

Post-Trial Settlements

Settlements are more common than trial verdicts in asbestos lawsuits. Courts are in favor of these settlements, because they can help clear out congested trial schedules. However, this does not mean that the victims' interests are compromised. Although a verdict at trial could result in greater awards of compensation, there is no assurance that the jury will go with the victim and award these amounts. A mesothelioma lawyer can negotiate a settlement and build a strong case to maximize compensation for their client.


Mesothelioma settlements will include compensatory damages for medical expenses, lost wages if the victim was incapable of working, and suffering and pain. Tallahassee mesothelioma attorneys for noneconomic damages, such as emotional distress and mental anguish is also possible. The amount of compensation awarded will depend on the severity of the ailment and age of the victim.

After the demand letter has been submitted, a mesothelioma attorney will enter into settlement negotiations with the defendant company. During this process the evidence will be presented by both sides through written documents, in-person or virtual depositions. Expert witnesses can be called to provide evidence.

The negotiations for mesothelioma compensation are often successful. In other instances, however, the defendants may not agree to a reasonable compensation amount. If this occurs, the case will proceed to a trial before a judge and jury.

Trials for mesothelioma can be lengthy and complicated. However, experienced mesothelioma lawyers can assure their clients that the legal process won't be overwhelming. They can explain how the procedure differs from other personal injury cases.

It is essential to find an experienced mesothelioma attorney to take care of your case, because the law firm's legal team is familiar with handling these types of cases. They know how to negotiate a fair settlement and will apply their expertise of the laws of every state as well as the statutes of limitation and the particular aspects of mesothelioma to ensure you a maximum compensation payout. They will make sure that you have enough money to be able to live comfortably after a mesothelioma settlement is reached.

Attorney Fees

The financial compensation from mesothelioma lawsuits help victims and their families deal with the illness. During settlement negotiations attorneys consider the costs of treatment, lost wages as well as pain and discomfort and other elements.

In mesothelioma lawsuits defendants must also pay legal costs for plaintiffs' lawyers. These fees are usually calculated as a percentage of the total settlement. These attorney fees are designed to pay lawyers who work on behalf of asbestos victims. This includes negotiating and filing lawsuits as well as conducting medical research and employment research and taking part in court proceedings.

Asbestos victims can receive compensation in a variety of forms such as VA benefits and payments from asbestos trust funds and settlements. The amount of compensation given by an arbitrator or judge is based on a variety of factors, such as the type of asbestosis, victim's health and age at the time of diagnosis as well as the defendant companies that are involved in the lawsuit.

Mesothelioma cases are complex and require extensive investigation to establish the responsibility. In addition to examining medical records, employment histories and other evidence, mesothelioma lawyers need to examine mesothelioma laws as well as precedents in every state where the lawsuit is filed.

Most lawsuits filed by asbestos victims result in the form of a settlement. A mesothelioma deal is a solution to the case in which both parties agree on conditions for the settlement, usually paid out in cash or in stocks. Settlements can take place prior to a trial or after the verdict.

If a settlement is reached that is legally binding, the defendants are obligated to pay the agreed-upon amount within a reasonable time or a statutorily defined period. Settlements in Mesothelioma Lawsuits enable a Plaintiff to minimize the chance that they lose the case, or win but receive nothing or a low-award.

The process of settling a mesothelioma case is complex however it is possible to make it easier with the help of an experienced mesothelioma lawyer. The law firm you choose to work with should have a track record of success, like the numerous substantial settlements that have been made for mesothelioma victims at Weitz & Luxenberg, P.C. Find out more about our firm and its success rate by calling us today.