Financial settlements around cases of asbestos-related lung cancer often vary on a case-by-case basis. Payouts can be a portion of a claim or a much larger settlement.
Asbestos cases are paid out in a couple of different ways. Cancer patients, their loved ones, or estates may receive large cash compensation worth millions of dollars in court cases. There are also organizational trust funds that companies working with asbestos set up to compensate workers and other people impacted, even if the companies go bankrupt.
If the defendant is found guilty of negligence in an asbestos-related lung cancer case, then payment may come to the plaintiff (or family members) in a few weeks, or upwards of more than a year. This would depend on the possibility of appeals brought forth or other situational aspects of the case. States have different time limits as to when asbestos claim payouts must be made after the close of a trial.
Qualifying for Compensation
Litigants will file claims to seek resolution for having suffered from asbestos exposure. They might do this with the help of a law firm as part of an individual lawsuit or a class-action lawsuit. These claims are usually made against companies, insurers, or settlement trusts, specifically set up to handle asbestos claims. People who have been exposed to asbestos have received at least $17 billion from trusts, according to the U.S. Government Accountability Office (GAO).
These trusts have specific terms that a plaintiff must meet in order to be eligible for financial disbursement. These terms eventually establish if a plaintiff’s claim meets the criteria for compensation. Trustees will evaluate claims based on factors like:
- Level of negligence by the at-fault company.
- The plaintiff’s physical pain and suffering from cancer.
- Medical expenses and costs, including hospital care.
- Lost wages, including potential future earnings.
- Current medical diagnosis and future prognosis.
- The amount of debt incurred by the victim because of asbestos.
Settling Asbestos Cases
If a settlement cannot be agreed upon in court, the case would go to trial. This process could take weeks, months, or even longer to set into motion. However, when all is said and done, the decision to find negligence will fall upon the collective decision of the jury, who decides how much compensation should go to the cancer sufferer.
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Asbestos Exposure Risks
Asbestos exposure can lead to mesothelioma. If you have worked around asbestos materials in a factory work environment or handled products that contained asbestos, you may have carried asbestos dust that led to cancer.
Exposure to asbestos is not immediately apparent in people. Cancer from asbestos exposure can slowly grow inside a person’s body over a long latency period of five, 10, and even 15 years after the first exposure, without the person ever feeling symptoms of cancer in early stages.
Mesothelioma is a deadly cancer that affects the tissue surrounding your lungs, according to the Mayo Clinic. Along with mesothelioma, asbestos exposure can cause a chronic lung disease called asbestosis.
How a Law Firm Can Help with Asbestos Cases
A person who is suffering from asbestos-related cancer from a mesothelioma diagnosis can file a claim or a lawsuit to pursue compensation. The person must show how the asbestos exposure contributed to the cancer diagnosis.
An attorney who works with asbestos-related lawsuits can help formulate the case to win a favorable settlement. The items you will need to build a solid case with your lawyer include:
- Severity of the cancer: How it impacts your daily life, how it has impacted your livelihood, and more.
- Background of your asbestos exposure: How it occurred, when it occurred, how consistent the exposure was. How were you involved with the company that exposed you?
- Asbestos led to the cancer diagnosis: Statement and verification from a doctor that asbestos played a part in the cancer development.
- Overall cost of expenses: Including medical costs, mental and physical pain, loss of earnings, and other damages.
A law firm can help you answer questions and tell you how asbestos cases are paid out. These cases can take a great deal of time and mental energy from a person, especially one who is suffering from cancer. Hiring a lawyer from Pintas & Mullins Law Firm to help you with your case might be beneficial. Learn how Pintas & Mullins Law Firm can help you navigate the legal process in the quest for justice by calling (800) 217-6099.
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