Some types of cancer develop after a dangerous agent pass into the body and cause the mutations of different tissues. Malignant mesothelioma belongs to this group. It develops as a result of asbestos exposure. In its turn, asbestos exposure into environment is under the responsibility of companies that deal with this material for producing their own products with asbestos inside or using such products in their own manufactures. Each patient with mesothelioma diagnosis can file a claim for getting compensation from a company that is guilty.
It is rather hard to predict the amount anyone can get by filing a claim for being exposed to asbestos. A lot of details influence on it, such as the character of disease, medical history, damages caused by this condition to the individual and his family, life activities, etc. In the practice of such litigations very low percentage of cases reaches the court. As a rule, the parties come to agreement before the case goes to trial. The compensation agreed before the trial is called settlement.
The major factor considered during settlement negotiations is the expenses for mesothelioma treatment. Very often insurance doesn’t cover the whole cost of therapy, as well as additional fees for transportation to hospitals, caring. The other important factor is mental distress because malignant mesothelioma is a fatal disease with a very low life expectancy. Experiencing such condition is extremely difficult for the patient and his family. If a lawsuit is filed by a person who lost the loved one due to mesothelioma, the settlement amount includes the expense for funeral and loss of consortium. While it is more or less clear what expenses to evaluate, the question of how much the fair amount for them will be is the occasion for dispute.
The range of settlement amounts greatly vary. For instance, in 2011 Nancy Lopez got $10 million settlement from the US Engineering Company for the asbestos exposure during the renovation process. who suffered from asbestos exposure during the renovation of the building she was working at. Another case in Montana was resolved by $43 million compensation. However, each individual got an amount of $500 – $61 000 because there were more than 1 300 claimants in this group case.
The size of compensation is discussed individually during the negotiations between plaintiff and the defendant. The attorneys of both parties represent their interests and try to find a compromise solution. Usually the final amount is less than a plaintiff expects. However, attorneys do their best to protect the interests of their clients and build negotiations properly. Having a proven track of the events that led their clients to exposure and malignant mesothelioma afterwards, there are much more chances to get maximally high settlement.
Each such case is prepared for going to trial. However, very few of them reach the courtroom. If the defendant had bad experience losing the cases, most likely it will try to settle before going to trial again. The quick settlement agreement saves a lot of time and money. For such companies very often the cost of settlement is much lower than the cost of potentially lost case and reputation. This makes companies move to settlement agreement. As a rule, such compensation will be smaller than the jury will define (in case of a full trial), but the plaintiff is guaranteed to win the case and get money. If going to trial, there is a chance to get nothing.
If you decide to negotiate for settlement, be ready to be offered significantly lower amount. An attorney specialized in such cases usually advises the best approach to go, and if there is a big chance to win more, a client will be recommended not to agree for a settlement and pass the case to the court. But such decision can be made only with the help of experienced attorney who knows all procedures from the inside out.