Settlement Process For Mesothelioma
Prolonged exposure to asbestos, either from the workplace you are employed in or from other asbestos-related jobs, can lead to developing mesothelioma. Mesothelioma victims deserve to be compensated for their suffering. No one wants to go to court and, as much as possible, both parties avoid the possibility of reaching a trial. Since trials are a very risky and unstable means of solving cases, settlements are the much better option for both sides to be happy with the outcome.
The Lawsuit: Being that this is the first stage of the process, both lawyers from each side come together to reason through all situations and outcomes that the case may finish with. The defendant has the option to ask for a settlement which means he/she is trying to get out of paying litigation expenses, or if the defendant has already been proven guilty in a previous case concerning mesothelioma.
Verdict: When both sides cannot reach an agreement, the case must, unfortunately, go to trial. Since asbestos is known to be like other litigation, the jury delivers the verdict at the end of the trial. It’s up to the jury to decide how liable the defendant is for its actions. The verdict also determines how much compensation is necessary, given the circumstances.
Compensation: Once the verdict has seen that the plaintiff deserves to be compensated for, it must decide how much damage has been done, which is also considered by the jury. It is mainly to set a public example as well as keep the defendant from letting this happen again. The level of liability that the jury decides is consistent with the level of punitive damages, but in some instances, the damages may be less than the liability that has been determined.
Settlement Decision: While the settlement can end with substantial punitive damages, usually the amount offered is much less than it should be, but any compensation is appreciated. It’s entirely up to the client to accept or decline the offer, and if he/she agrees, the case is over. The plaintiff or the family is the one who decides if they are going to accept or not.
Attorney’s Payment: The winning attorney of the case receives a certain amount of money based on the percentage that was agreed upon before the settlement beginning.
Exposure to asbestos is what causes mesothelioma. Most of the time, someone is at fault when there is a victim of mesothelioma who is not around asbestos that much during his or her life since asbestos is the leading cause of the disease. No matter how large the payment, it still doesn’t cover for the damages done to the client, but it does help some. There is no solution to solving the problem. The only solution is for the company responsible for admitting their wrongdoing and making sure it never happens again.