Monday, August 15, 2011

California Lawyers: Mesothelioma Settlements Today

By John Roney


Since there is no real gauge for measuring the damage that a case of mesothelioma can cause a patient or his family, the amount given as mesothelioma settlements today, differs vastly from one case to another, and also from one state to another, depending upon their legislations and amendments. However, the main factor that determines the settlement money, apart from the damage that mesothelioma has caused a patient, is the state, region and the political atmosphere under which the mesothelioma settlement has reached. During the 80s and 90s, when a lot of lawsuits were being filed and the damaged caused by mesothelioma gauged, the political climate in most of the U.S. was immensely favourable to patients.

However, the overall political climate seems to have undergone a slight change. An example can be given of a reform bill in Texas, which makes neutral medical tests for asbestos related diseases compulsory and another in the state of Georgia, where the onus is on the plaintiff to provide all possible evidence to show that the problem was indeed caused by asbestos.

Mesothelioma lawyers handle around 2500 Mesothelioma cases annually in the U.S. The first step in the settlement process is filing a complaint. The American Bar Association recommends that there be two precedents for filing an asbestos claim, to protect those more seriously affected. The ABA believes in a clear standard for injury, and that the statue of limitations for a Mesothelioma settlement claim should not begin until after the person develops physical illness.

The settlement amount also varies. In the south, it is believed that most mesothelioma settlements cross a figure of one million. However, there can be no generalisations made on the settlement money, since each settlement is dependent on the merits of the case itself and do not lend to generalisations.

Many times the company or companies will want to avoid both the expense and hassle of a court battle and will offer a settlement to the mesothelioma patient through the attorney. Mesothelioma settlements, if accepted may be quite large and are often paid in monthly or quarterly installments, however settlements rarely actually cover all the costs included in a claim. Patients and families need to be aware that court cases are expensive as are special attorneys and all of those costs will have to be deducted from the settlement or judgment.




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