settlements for mesothelioma patients once you file an asbestos personal injurylawsuit, there are two ways to receive compensation for your injuries. if your case goes to trial, you may receivea favorable jury verdict awarding you compensation but in many instances, asbestos lawsuits settleout of court.
Texas Mesothelioma Attorneys, settlements occur when common ground is foundon the amount a defendant is willing to pay and the amount a plaintiff is willing to acceptfor pleural mesothelioma or other asbestos injuries. since there is no guarantee on how a trialwill end, parties often reach settlement agreements
to avoid prolonged litigation and the uncertaintyof trial. but just as there are no guarantees at trial,there are no guarantees that your case will settle. it is best to consult experienced pleuralmesothelioma lawyers about your options during the case process, including options for settlement. determining when to settle pleural mesothelioma lawsuits are usuallyfiled against multiple defendants who allegedly contributed to the injury. defendants are not always held equally liable,and states have different rules regarding
how liability is divided among defendants. because a case�s outcome may be differentfor each defendant, the chances of settling also vary for each defendant. parties can reach settlements any time afterthe complaint is filed. in some instances, it is possible to reacha settlement with one or more defendants early in the case process before many papers arefiled or much discovery has taken place. this may be especially true for defendantswho aren�t facing many lawsuits, don�t have much litigation experience, or are especiallyconcerned about avoiding substantial litigation costs.
they may be inclined to pay some portion ofthe claims to end the litigation. plaintiffs may have incentives to accept offersfrom these defendants so they can have more resources to focus on the remaining defendantsduring discovery and trial. some cases settle during discovery, as moreevidence comes to light and the strength of each party's case becomes clearer. others settle on the eve of trial or duringtrial for the same reason. sometimes parties reach settlements aftera jury has ordered a substantial award. in some cases, a plaintiff may accept a settlementthat's lower than a jury award in order to ensure receiving some payment soon.
in exchange, the defendant may agree to waiveits right to appeal an award and thus delay payment. landmark cases borel v. fibreboard is a u.s. landmark asbestoscase that has provided precedents for thousands of asbestos claims. it began in 1936 when clarence borel, a husbandand father of six, started working in the shipyards and oil refineries along the texas-louisianaborder. he was unaware that shipyards would soon becomea leading cause of occupational asbestos exposure. diagnosis and first settlementin 1969, doctors diagnosed borel with advanced
asbestosis. that spring, he filed for a workers� compensationclaim for injuries caused on the job. he eventually settled for a little more than$13,000, but that was not enough to cover all of his medical expenses. it was then that borel asked ward stephenson,a texas attorney, to sue the eleven asbestos manufacturers that knowingly exposed him toasbestos for $1 million in damages. a verdict of more than $79,400 was made infavor of borel, but he died of mesothelioma in 1970 before his trial came to a close. all monetary damages were awarded to his wife.
recognizing manufacturer's responsibilityborel v. fibreboard became known as the first case to recognize a manufacturer�s responsibilityof warning and protecting their workers against the hazardous effects of asbestos exposure. since then, there have been many promisingmesothelioma verdicts. a jury in madison county, illinois in 2003ordered manufacturer u.s. steel to pay roby whittington $250 million. he is a former employee who was diagnosedwith mesothelioma. in 2012, a california jury awarded formerconstruction worker bobbie izell $48 million in a lawsuit against union carbide.
izell was exposed to asbestos on various constructionsites in the 1960s and 1970s. in 2011, he was diagnosed with mesothelioma. factors affecting settlement there are many factors influencing the decisionto settle. this is true for both sides of a lawsuit. but these reasons can usually be traced toa common concern: is there some economic incentive to settling a lawsuit? pleural mesothelioma and other asbestos-relateddiseases are very aggressive. their physical, emotional and financial tollsmount quickly.
so although plaintiffs may want all of theirlosses compensated, it may be in their best financial interests to obtain some portionsooner rather than take a chance at receiving more compensation later. defendants want to limit their liability forasbestos claims. sometimes the best way to do that is by agreeingto settle a case. whether or not the defendant is engaged inmultiple asbestos lawsuits will affect the decision. on one hand, settling a case may be a goodstrategy for avoiding a trial verdict that could encourage further lawsuits and litigationcosts.
defendants usually settle without admittingany liability, so settlements can't be used as admissions of liability in other cases. on the other hand, agreeing to a substantialsettlement could encourage further lawsuits or affect the settlement amount which otherplaintiffs are willing to accept for the claims. another factor affecting settlement is whetheror not insurance coverage is available to pay asbestos claims. this is particularly true with larger corporateasbestos defendants who usually have insurance policies that help them pay litigation claimsand expenses. their insurers are usually actively involvedin litigation and have considerable input
into whether and when the corporations agreeto settle. the amount of insurance coverage availablealso affects the amount of settlement. what settlement means for plaintiffs plaintiffs usually have to do more than justdeposit payments under settlement agreements. before agreeing to settlements, plaintiffsshould understand that they will likely be responsible for doing certain things underthe terms of the agreement. for instance: they must usually agree to drop their lawsuitsand waive any future claims against the settling defendant as a condition for settlement.
defendants have little incentive to settleif there's a chance a plaintiff could sue them again. in addition, plaintiffs must usually acceptthe settling defendant's unwillingness to admit liability. the defendant usually includes language inthe settlement agreement that specifically denies responsibility for a plaintiff's injuries. finally, plaintiffs usually can't talk aboutsettlement agreement terms. in particular, they must usually agree tokeep the amount of the settlement a secret. for this reason, pleural mesothelioma settlementsare usually reported as settling for an undisclosed
amount. it's wise to consult a qualified pleural mesotheliomaattorney before agreeing to settle an asbestos personal injury claim. an even wiser decision would be hiring anexperienced pleural mesothelioma attorney to explain your legal options, file your claim,and potentially negotiate a settlement on your behalf. do you settle or seek a verdict? while a jury verdict may result in a largeraward, there is no guarantee the jury will side with you.
juries can be surprising, and many attorneyscan attest there are no sure bets in a trial. while the amount awarded in an asbestos lawsuitsettlement may be smaller than what might be expected in a trial verdict, at least compensationis guaranteed. the decision to settle or go after a verdictis best made with the advice of an experienced mesothelioma attorney. these lawyers understand the nature of mesotheliomaand other asbestos-related diseases. they realize a quick resolution to a lawsuitis not only desired but necessary. ultimately, it will be up to you to acceptor decline a settlement offer. there is no magic formula to decide whetherto reject an offer and take the case to trial.
the issue becomes whether you are ready toend the case by accepting the offer. only you or your family can answer that question.
0 Response to "Texas Mesothelioma Attorneys"
Post a Comment