Mesothelioma Legal Settlements
Under the right circumstances, victims of mesothelioma are entitled to file a lawsuit against the distributor, manufacturer or other parties responsible for their asbestos exposure. A mesothelioma settlement occurs when the plaintiff and the defendant(s) in a case have negotiated their respective positions and agree to resolve the matter out of court. Generally speaking, mesothelioma settlements are offered in predetermined amounts and must be paid within an agreed-upon timeframe.
How is a Mesothelioma Settlement Different from a Trial Award?
You’ve probably heard about hefty trial awards being made to people with mesothelioma and other asbestos-related diseases. Unlike a mesothelioma settlement, a trial award is determined by a judge or jury and does not require the approval of the parties involved in the case. Trial awards can be unpredictable and they may not be paid for a long time - if at all - if either party appeals the award.
Is a Mesothelioma Settlement the Right Choice for You?
Although the amount of some trial awards may sound impressive, it's important to understand that they are the result of a lengthy, difficult legal process. If you are in the advanced stages of mesothelioma, you may prefer that your remaining days be spent in the company of your family rather than in litigation. An out-of-court mesothelioma settlement could spare you a great deal of stress at a time when you need all your resources to fight your disease.
Another benefit of a mesothelioma settlement is potentially lower legal costs. Typically, when a lawyer takes a mesothelioma case on contingency, he or she will be entitled to 40% of the jury award in addition to compensation for certain legal expenses. However, when both parties agree to a mesothelioma settlement, many court-related expenses can be avoided.
What Happens If I’m Offered a Mesothelioma Settlement?
When the defendant(s) offers a mesothelioma settlement, the amount may or may not be to your satisfaction. If you and your attorney feel the amount is substantially less than the jury award you are seeking, you will need to make a decision as to whether or not you want to press forward or accept the offer.
If you choose to accept an out-of-court settlement, you should be aware that the terms of such a settlement may include stipulations. The defendant may deny any liability, and may insist that you not speak about the case to the media. In addition, you will likely be forfeiting your right to take any further action against that particular defendant.
Ultimately, the decision is yours. If your main focus is to recover your medical expenses and lost income, get compensation for your pain and suffering, and spend your final days with those you love, a mesothelioma settlement may be the right solution for you.
Are You Entitled to a Mesothelioma Settlement?
If you or a loved one has mesothelioma caused by asbestos exposure, call Sokolove Law today at 888-360-4215 to see if a mesothelioma lawyer can help you.