- Mesothelioma's Convoluted Settlement Issues
- By:Rita Lambros-Segur
A case of mesothelioma causes a patient and his family a lot of pain and suffering but since there is no real gauge of measuring the damage done by this disease, the amount given as settlement varies from case to case and from one state to another depending upon their amendments and legislations.Starting a lawsuit is an expensive affair and it could affect the sufferer and their respective family greatly; the sufferer may be able to get assistance with the cost of the lawsuit, any medical treatment and other such expenses affecting the sufferer.
The lawsuit will work on the basis that the sufferer of mesothelioma did not know they were coming into regular and sustained contact with the asbestos. This can then lead to illness and possibly death. With their lives being cut short considerably; then the companies should compensate accordingly to this; based on lost earnings and further compensation to the family of the sufferer if they died through the condition if asbestosis. The main factor that determines the settlement money received by a patient, apart from the damage caused to them by it, is the political atmosphere and state under which the mesothelioma settlement was agreed upon.
When a lot of lawsuits were being filed In the 80's and the 90's the political climate in the U.S was mostly favorable to mesothelioma patients rather than the companies.Recently, however, the overall political climate has shifted. A reform bill in Georgia whereby the onus is on the plaintiff to provide all possible evidence showing that the problems was indeed causes by exposure to asbestos and another in Texas which makes neutral medical tests for asbestos related diseases obligatory can serve as examples.
The two reform bills were signed after realization that both lawyers and patients were exploiting mesothelioma lawsuits and making exaggerated claims but when it comes down to genuine cases of mesothelioma there are no problems.The settlement amount, as stated above, varies from state to state and region to region. In the south, it is estimated that most mesothelioma cases are settled for around one million. No generalizations, however, can be made on the amount of settlement money since each lawsuit is independent and the amount of settlement is dependent on the case itself.
Mesothelioma settlements can vary from anywhere between a few thousand dollars to a million. An average amount for these settlements is difficult to estimate since each case is different. There have even been cases of mass settlement where several people filed a lawsuit and ended up receiving just a few dollars each. The legitimacy of the accusations, the damage to the patient and whether or not the defendant was negligent are the three factors that help determine the final settlement amount.
The settlement could also depend, to a certain extent, on previous cases as courts have a tradition of referring to them before making their final decision.If someone finds themselves to be suffering from asbestosis or someone they know is, then they need to seek legal advice as soon as possible; time is of the essence.
For the latest asbestosis information, including case studies, treatment, diagnosis and symptoms, see: Mesothelioma Info.