Attorneys experienced in mesothelioma claims can help victims understand the process of claims and try to make it as easy as possible.
The first thing that victims of mesothelioma should do is to look for a competent lawyer who specializes in asbestos claims. You can expect this legal expert to guide you through the complicated and challenging process of getting compensation from mesothelioma claims.
Various Compensation Claims
The amount and mode of compensation from mesothelioma claims varies. The amount can be a small sum or go up to millions of dollars depending on the extent of damage and case value. Workers, who can prove employers sacrificed their health and wellbeing for profit, rightfully deserve to be awarded compensation. The lawyer can explain options of clients together with the proper claim for individual circumstances. If the victim does not wish to pursue compensation, financial aid or settlement may be the best recourse.
Settlement is one way to obtain compensation from mesothelioma claims minus the hassles, expensive legal fess and trouble of attending court hearings. Besides, there is always the risk of spending a lot of money only to lose your case in the end. Even if majority of mesothelioma attorneys are compensated in case the outcome is successful, a settlement can be negotiated provided both parties agree to this.
There are two possible outcomes granting an amicable settlement is not reached between the plaintiff (employee) and defendant (employer). The first is compensation from mesothelioma claims will be given if the court’s verdict will hold the defendant liable. There are not fixed guidelines for compensation considering that each case is unique. The amount owed by employers will be based on loss of income and medical expenses. The second outcome is the claimant loses the case. Then, plaintiffs generally can file an appeal although this may seem an expensive alternative.
At any rate, most cases are settled outside the court before these reach the level of the jury. It may take less than one year from the date the lawsuit was filed if the complainant has a very good lawyer. A reliable payment source like an insurance agency or trust fund for asbestos victims makes it easier for the claimant. Otherwise, the entire trial can drag on for several years which can be disadvantageous to the plaintiff. However, some states make it a point to speed up litigation knowing that many mesothelioma victims have only a few years to live.
As mentioned earlier, legal cases related to compensation from mesothelioma claims are handled on the basis of contingency fees. In other words, the client does not make any payment right away. Instead, the attorney gets a certain percentage of final settlement or damages after the court’s judgment is passed. There are additional expenses that the plaintiff has to answer for such as documentation, postage and testimonies. The standard contingency fee is 25 up to 40 percent of paid damages. You can be in a better position for bargaining if you chose to settle for a lower amount in the event of settlement or winnable case.