Asbestos Lawsuit Payouts and Expert Witnesses

The amount of compensation that a victim receives from an asbestos lawsuit will depend on the type and severity of their diagnosis. Settlements can be made prior to or after an investigation.

Many companies that employed asbestos have shut down or declared bankruptcy and resulted in large sums of money being set aside by courts to help victims.

Trials

Oft, it can take many decades between asbestos exposure and a diagnosis of mesothelioma (or another asbestos-related disease). The lawsuits brought against the companies that are responsible for this exposure are intended to hold them accountable. Mesothelioma lawyers can assist those suffering from asbestos-related diseases receive compensation.

Mesothelioma cases can result in substantial verdicts. If the case doesn't settle before the statute expires, the victim will not receive any compensation. Mesothelioma lawyers are well-versed in the negotiation process and will guide their clients on whether a settlement is in their best interests.

Since asbestos has been extensively used in the United States, courts have ordered companies that produced or distributed asbestos to set aside funds to pay victims. Trusts have been depleted over the years which means that settlement amounts must be rationed. The dollar amount of a verdict or settlement is dependent on the amount of evidence available to back up the claim.

An experienced mesothelioma lawyer can examine a potential claim and determine its value during a free case evaluation. In the majority of instances, the person who has been diagnosed with mesothelioma (or another asbestos-related illness) is the plaintiff. However, loved ones who have lost a loved one due to an asbestos-related illness might be eligible to file a wrongful-death lawsuit on behalf of the deceased.

A successful asbestos lawsuit could also award punitive damages. These damages are intended to penalize a company and deter others from engaging in the same wrongful conduct. A California jury awarded a woman suffering from pleural cancer $52 million for exposure to asbestos in the products of Avon. A jury awarded a 48-year old U.S. Navy veteran, $11 million in damages from companies that sold asbestos-based drywall. A pipefitter received $43 million due to his occupational exposure to asbestos.

Settlements

Negotiations will begin when an attorney for the plaintiff's side identifies asbestos companies. Asbestos companies usually seek to settle claims fast to minimize their legal costs. However, the victims must make sure that the offer covers all of their current and future medical expenses, lost wages, and other damages resulting from asbestos exposure.

Settlements for asbestos lawsuits can vary dramatically depending on the specific case. In general, mesothelioma cases with higher damages are paid more. For instance, an $11 million settlement was awarded to an elderly U.S. Navy veteran who worked as a drywall sprayer.

Mesothelioma compensation amounts are usually higher when there is more evidence to prove that the victim's exposure to an asbestos-producing company. The age of the patient, total mesothelioma compensation costs, past and future medical expenses, and the loss of wages are all taken into account when calculating an award amount. A mesothelioma attorney can assist in determining a settlement amount dependent on the specific circumstances and symptoms of a patient.

During the trial, the victim's lawyers will investigate and collect evidence of asbestos exposure. They will also file the lawsuit through the state court system that is most suitable for the case. The lawyer for the plaintiff will begin the process of discovery to find evidence that could be used in trial.

The majority of asbestos lawsuits settle outside of court before reaching a decision. An experienced mesothelioma lawyer can prepare the case for trial. Settlements are offered at any time during the litigation process and a mesothelioma lawyer may suggest that victims decide to accept or decline a settlement offer.

Victims can decide to accept or reject an offer and continue to fight for a fair and fair settlement. If victims do not accept the settlement, they can take on a trial against asbestos-producing firms to obtain a higher award from the jury. However, trials can be very expensive. Most mesothelioma lawyers work on a contingency basis, which means they only collect payment when they get an asbestos settlement or win a judgment at trial.

Statute of Limitations

If you file an asbestos lawsuit, the time-limit for filing a claim will depend on the state where you live. A lawyer can help determine if your deadline has been reached and offer other options to pursue compensation.

In most personal injury cases, the clock starts clocking when you suffer an injury. With asbestos exposure however, it could take decades for symptoms to appear and be diagnosed. This means that by the time you are ready to file a lawsuit, the statute of limitations could have already expired.

Additionally, asbestos companies often make use of this delay to make victims feel sluggish and force them to accept a low settlement offer. A mesothelioma attorney can prevent this by fighting for an increase in compensation.

The amount you're likely to receive as an asbestos victim is contingent on many variables including how much your illness has cost you and your family members in lost earnings and medical expenses. Your lawyer will also take into account your pain and suffering.

In certain states, the statute of limitation is shorter than others. A lawyer can explain the statute of limitations in your state will apply to your situation and suggest an appropriate filing time.

The length of the mesothelioma cases is contingent on the number of defendants as well as the kind of exposure. For instance, cases that involve multiple asbestos manufacturers and sites typically require more time to resolve.

Settlements for mesothelioma cases differ widely. Some victims receive millions of dollars, whereas others settle with a relatively small amount. The median mesothelioma verdict is $2.4million however, many patients have received higher verdicts from juries.

Courts have mandated asbestos companies to put large amounts of money aside to pay injured victims. These funds can be tapped by the victims to get lump-sum settlements that are more palatable for asbestos companies to agree to than jury verdicts. Some plaintiffs, however, are unwilling to accept this and opt to go to mesothelioma trial. They may face juries that are pro-company but they could still get fair compensation.

Expert Witnesses

An expert witness is someone with specialized knowledge, training, skill, experience or education in a field that's relevant to the case in question. Their testimony assists the jury and the court understand complex subjects that are beyond the reach of common knowledge. Experts are crucial in a variety of personal injury cases. This includes cases that involve asbestos.

Mesothelioma victims bring lawsuits against companies that manufactured or sold contaminated asbestos-containing products. The strength of each claim is based on the evidence of expert witnesses. These experts give their opinions on various aspects of the case such as how asbestos-related diseases are able to develop and who is at fault. Expert witnesses assist jurors understand complex scientific concepts that are usually beyond the scope of their understanding.

Experts in a lawsuit involving asbestos can include a range of technical and medical experts. Most often, these experts are oncologists, pulmonologists, or rheumatologists. They can explain the relationship between asbestos exposure and mesothelioma or other asbestos-related illnesses. They can also identify the responsible parties.

In certain instances an expert witness from a professional can also be a toxicologist. Experts can testify on how an person was exposed to asbestos on the job and how exposure could have contributed to their health. They can also testify about the effect of asbestos on the air quality and water quality and other health and safety issues.

Industrial Hygienists and Metallurgists are potential expert witnesses in asbestos cases. These experts can testify on the work duties of an employee as well as the amount of asbestos employed at work, and the possible role that asbestos played in mesothelioma or other asbestos attorney-related illnesses.

During the discovery process the parties must lay all their cards on the table. This includes an inventory of all the expert witnesses they plan to employ in the case. Many asbestos lawyers who are experienced have professional relationships with solid expert witnesses. Lawyers can find their clients an expert witness that is respected and who will provide critical testimony to the case.