A Mesothelioma Settlement - Q&A on How to Obtain One
Many patients diagnosed with mesothelioma wonder if they file a lawsuit what their chances are of receiving a mesothelioma settlement. The chances are normally good if they select a quality mesothelioma law firm. Workers – through no fault of their own – that were exposed to asbestos have an excellent chance of attaining considerable money damages. There are asbestos victims’ trust funds and settlements that are pending against companies that manufactured or installed asbestos that have assumed liability for exposure to their employees. Original manufacturers that have long since gone out of business or filed for bankruptcy have set aside funds for future employees diagnosed with mesothelioma. Asbestos in the workplace has led to mesothelioma diagnosis up to 10-40 years after employment with a company.
How Long Do Victims Have to Sue?
Because mesothelioma and other asbestos-related diseases develop 10 to 40 years after exposure, many states have statutes of limitations that are applicable directly following an official diagnosis. Most states give people 1-5 years from diagnosis/discovery of mesothelioma or illness to file. There are a few states (California, Tennessee and Louisiana) where the statute of limitations is just one year from diagnosis. Families of victims that have already succumbed to mesothelioma typically have 1-3 years from the date of death to file a lawsuit. In either case, filing for a mesothelioma settlement can also result in the recovery of considerable money damages.
How Long Does it Take to File a Mesothelioma Settlement?
The majority of mesothelioma settlements happen because the defending parties do not want to take their chances with a jury. Parties normally agree outside of court to an amount of damages that a mesothelioma victim is entitled to. Once you have worked with a reputable mesothelioma law firm, they will help you gather the most important facts about your employment history and medical history. This information will be applicable to whether they pursue interests with an insurance company, go after interests in an asbestos victims’ trust fund or whether to file on an individuals’ behalf. The normal process for any of these options is up to and perhaps beyond 2 years. Courts do recognize that mesothelioma life expectancy is right at two years and they try to make sure testimony from the victim is heard before juries.
What are Average Settlement Amounts?
Mesothelioma settlement amounts are hard to estimate because each case is different. Results in some cases yield settlements or jury awards in the millions, while other ones garner comparatively little amounts. The outcome is based on several factors including personal medical history, a law firm’s experience and successful history of settlements against the same compan