Understanding Mesothelioma In A Nutshell
You may ask what is Mesothelioma and how did I get it? It is a specific sort of cancer which is caused by Asbestos. Asbestos is a soft grey mineral which is hard to burn. It was very commonly used in the construction of the building and is the fundamental cause of mesothelioma. Mesothelioma affects the sheath of lungs and the chest wall. Common symptoms found in mesothelioma patients are:
- Swollen abdomen
- Shortness of breath
- Sac covering the testis
- Sac covering the heart
There are very less known treatments for the mesothelioma cancer. The most common being a surgery. However, doctors least prefer the surgery, due to the poor health factor of the patient. Other than the surgery, other common treatment methods include radiation therapy and chemotherapy. Sufferers of mesothelioma cancer are advised by doctors to look for a medical specialist who knows how to test for mesothelioma.
If you or anyone from your family is suffering from the mesothelioma cancer, the affected individual can file a lawsuit against the company where the victim was working. The company is directly responsible for exposing you to asbestos which is the actual cause of mesothelioma cancer. This is why mesothelioma compensation for family members is possible. The company should compensate the affected individual once it is diagnosed that the victim is suffering from mesothelioma. There is a remedy for such suffering called the asbestos wrongful death settlement amounts.
Making A Claim With A Lawsuit
If your family member or someone close to you has recently passed on due to mesothelioma, then you should know that you can still make a claim for compensation. A mesothelioma compensation after death claim comes with other benefits that you as the widow or carer is able to get after a successful lawsuit. If a mesothelioma wrongful death lawsuit has already begun, it is possible for the victim’s family to proceed with the claim and subsequently receive a payout. It is important for the victim’s family members to speak with an asbestos-related disease specialist or solicitor to ensure that the claim for compensation is not only handled professionally but that the right to claim is not hindered by the death of the victim.
Who Is Eligible To File a Mesothelioma Wrongful Death Lawsuit?
In order to successfully file a wrongful death lawsuit, certain criteria have to meet including the fact that one must prove that the death of the victim was a result of a wrongful act or negligence. Governments have now passed legislation that allows people to seek compensation for a wrongful death caused by negligence or any wrongful act. A person who files for compensation has to be eligible or close enough to the deceased or what is legally referred to as “standing”. A long lost cousin or acquaintance cannot come forward to make a claim for compensation for the death of someone they barely knew. Relationships that permit a wrongful death lawsuit include husbands or wives, children including adopted and step, fathers and mothers, brothers or sisters. Others include grandparents and people who were financially dependent on the deceased although this may vary by state or country.
The Compensation Claim Lawsuit Process
It is important to speak with an experienced attorney who can conduct extensive research and advise you on how to go about the process. Asbestos-related cases can be complicated hence you will require the services of a good law company with experienced investigators who have access to a comprehensive resource database on asbestos-related disease claims. The process often starts with interviewing potential plaintiffs to form part of a conclusive research exercise that has to be accurate and efficient before a lawsuit is filed. Your attorney will then proceed to build the strongest case possible by gathering relevant information on the deceased’s work and medical history. Remember that the defendants and their lawyers will attempt to get your mesothelioma claim after death lawsuit dismissed even before it begins hence hiring an experienced attorney not only ensures that you get fully compensated but also follows up to make sure that you receive the financial compensation as fast as possible. It is important to note that the compensation payout amount is slightly higher in a case where the victim has passed away compared to cases where the victim is still alive.
The Duration Of The Lawsuit
Most family members are worried about how long it takes to settle a mesothelioma compensation claim lawsuit. Cases vary in length with some cases being settled in under two months while others have taken as long as four years. However, recent mesothelioma settlements cases have reported a mean length of 14.5 months.
Going For The Settlement Option
Once the cancer is diagnosed, you can ask the guilty company for the average wrongful death settlements for mesothelioma. Most probably the mesothelioma lawsuit settlement amounts are settled outside of the court since outside settlements are in favor of the company and the person suffering. Most companies prefer to settle the case outside and it is easy to get an average payout for mesothelioma for the individual as well.
What Is The Settlement Amount?
What is the average settlement for a mesothelioma case? History shows that mesothelioma compensation payouts vary ranging from $1 million to $1.4 million. Still, it is challenging to find an exact average compensation payout for mesothelioma because every case varies.
Determining The Mesothelioma Settlements
There are different factors involved in determining the settlements. Some of them are:
- Medical cost
- Number of dependents
- Pain and sufferings
- Loss of earnings
- Work history (concerning different companies)
- Duration of Asbestos exposure
- Punitive damages
- Proof of negligence
Is A Lawsuit Or A Settlement Better?
It is highly recommended that the affected individual goes for a settlement. There are different causes. One important reason is that the companies are always financially secure. It is no issue for the companies to face the lawsuit. The mesothelioma settlement time frame will be a very slow and time-consuming process and the individual has to be very patient with the process. Furthermore, trials are public; you can’t defend your privacy whereas, a settlement will protect your privacy which you don’t have to expose your privacy. On the other hand, settlements are shorter. You don’t have to wait for ages and you will get your money soon.
There is a possibility that the average mesothelioma settlement amounts may be a bit lower than your expectations. It also not an easy task to find a professional lawyer who can work in your way to provide you indemnity. Most probably, some lawyers claim that they can file lawsuits, but there are rare how can they make you win?
Finally, both ways are open for you; you are the only one who has the full authority to make the decision. It is your choice to choose either lawsuit or go for a settlement. Either way, you will need a professional mesothelioma attorney assistance. Click here to learn about the eye injury settlement.