The Online Asbestos, Asbestos Cancer, & Mesothelioma Authority
Compensation for Mesothelioma
Nothing can possibly make up for the pain, suffering and loss caused by someone else’s greed and complete disregard for the sanctity of life in the name of profit. That said, the law provides remedies that allow you to seek compensation for your own financial losses and expenses, as well as for your pain and suffering. It also allows you to ask the court that those who caused your pain and suffering be punished.
Torts, Defendants and Plaintiffs
Tort is a term which refers to that area of the law dealing with personal injury. You may have heard the term “tort reform” on television or read something about it in the papers. “Tort reform” is really an attempt by corporate America – through its considerable influence on our government - to evade its responsibilities and shield itself from liability. Through “tort reform,” corporations who wind up as defendants in liability cases are trying to limit the amount they are required to pay in compensation for the pain and injury they cause to others (1).
One such effort was Senate Bill 852, which would have set up a federal trust fund against which asbestos victims could file claims. Described by the bill’s sponsor, Senator Arlen Specter (R-PA), as a “bill to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes,” SB 852 was actually intended to protect corporate interests and absolve them of all liability. The bill was defeated in a bi-partisan vote on 14 February 2006 (2).
In June of that same year, a coalition of 47 corporations that included CertainTeed, Owens-Illinois, General Electric, Ingersoll-Rand, Union Carbide, and Amchem Products filed a motion in federal court, asking that thousands of pending asbestos suits be dismissed (3). The motion was made on the grounds that certain doctors had refused to answer questions regarding their diagnoses. These doctors were also unwilling to have patient x-rays examined in court. In the opinion of these corporations, this gave cause to question the validity of such diagnoses (4).
To be fair, many of the diagnoses in these cases had been performed in mass screenings that had been funded by unethical attorneys in an attempt to recruit clients (5). The validity of diagnoses made on the basis of these “screenings” was questionable.
As a plaintiff, you can help your attorney build a solid case by making sure that you are thoroughly examined and diagnosed by an experienced, qualified oncologist as well as your primary care physician. The diagnosis should include a CAT scan as well as x-rays, and a biopsy. There should be no room for doubt when evidence of your illness is presented in court.
How Much?
The attorney who represents you should have solid experience in determining compensation for mesothelioma in addition to all other aspects of tort law as it relates to asbestos illnesses.
Compensation for mesothelioma varies from case to case, and can range from $650,000 to $3 million (6). A few recent judgments have even been higher (7). This depends upon whether or not punitive damages are awarded, the cost of medical care and the amount of lost income, among other factors.
Usually, the attorneys on both sides will make every effort to come to an out-of-court settlement, meaning that the defendant agrees to pay a lesser amount now rather than risk having the judge or jury award a larger amount at the trial’s conclusion. While such compensation is usually smaller than a jury award, it can spare you the time and discomfort of litigation – which can and often does proceed for months, if not years. In the end however, the decision is yours. Your attorney may recommend that you accept a settlement, but you are under no obligation to do so.
If your attorney has taken your case on a contingency basis – meaning s/he and his/her firm receives a percentage of the award or settlement, which is usual practice – s/he will be entitled to recover any fees and expenses before you receive any monies due. For a court award, attorney’s fees are around 33%. In addition, s/he and the firm have likely incurred substantial expenses in the course of gathering evidence, which also come out of the award. An experienced and ethical attorney will have taken these fees and expenses into consideration when determining compensation; however, be aware that legal proceedings can have an element of unpredictability; there is no practical way for any lawyer to know what his/her fees and expenses will finally come to beyond a reasonable estimate.
Notes
- Center for Media & Democracy. “Tort Reform” (2007).
- U.S. Senate. “Roll Call” (2006).
- Duffy, Shannon. “Companies Seek Dismissal of Thousands of Asbestos Cases.” The Legal Intelligencer, 12 June 2006.
- Goodwin, Wade. “Lawyers Seek Dismissal of Asbestos Lawsuits” (2006).
- Duffy, op.cit.
- White, Michelle J. “Explaining the Flood of Asbestos Litigation.” NBER Working Paper No. 9362, December 2002.
- Free Advice.com. “Current Asbestos Mesothelioma Lawsuits” (2007).
Sources
- Bowker, Michael. Fatal Deception. (New York: Touchstone, 2003)
- Center for Media & Democracy. “Tort Reform” (Website). Last updated 18 July, 2007.
Accessed: July 23, 2007. - Duffy, Shannon. “Companies Seek Dismissal of Thousands of Asbestos Cases.” The Legal Intelligencer, 12 June 2006.
- “Current Asbestos Mesothelioma Lawsuits.” FreeAdvice.com (Website).
Accessed: July 25, 2007. - Goodwin, Wade. “Lawyers Seek Dismissal of Asbestos Lawsuits.” National Public Radio broadcast 10 June 2006.
Accessed: 23 July 2007 - United States Senate. “Roll Call Votes 109th Congress– 2nd Session” (Website).
Accessed: 23 July, 2007. - White, Michelle J. “Explaining the Flood of Asbestos Litigation.” National Bureau of Economic Research, Working Paper No. 9362, December 2002.