Out-of-Court Malignant Mesothelioma Settlements
Out-of-Court Malignant Mesothelioma Settlements
Since the latter part of the twentieth century there has been a virtual epidemic of people being stricken with asbestos related diseases. The sad fact of the matter is that many of these life threatening diseases - diseases such as malignant mesothelioma - could have been prevented.Mesothelioma and asbestosis are caused as a result of a person's inhaling or swallowing asbestos fibers. Although it often takes a number of decades, these fibers ultimately are the cause of devastating injuries, insufferable pain, and, all too often, death.Although it may seem hard to believe, the companies that employed workers in the asbestos industry often were aware of these consequences and chose not to inform their employees about the dangers. Nor did they provide the adequate protective clothing, showers, etc, that could have prevented such mass suffering.As far as these companies and the insurance companies that worked with them were concerned, human life seemed to be expendable. Apparently, what was more important than an individual's life was the amount of profit that the company could make by sending their employees to work in these dangerous situations.Since the late 1960s victims and the survivors of victims of asbestos related diseases have been successfully holding the companies that were responsible for these illnesses accountable for their actions. They have been hiring law firms that specialize in asbestos related illnesses to represent them in civil court. Many of the plaintiffs have either agreed to settlements or have been awarded monetary compensation by the courts.The settlements and awards often have been for six figures, seven figures, or more. Recently juries have begun to award substantially more money to the victims of asbestos related diseases.What Is the Difference Between a Settlement and an Award for Damages?A settlement is a financial agreement that is reached out-of-court. It can happen before court proceedings begin, during the trial, or after the judge has made a ruling on the case. An award is the amount of financial compensation that has been decided upon by the courts.Mesothelioma settlements can come about for a number of reasons. Either the defendant or the plaintiff can offer a settlement.The defendant in the case might offer a settlement because the company does not want any negative publicity. Or they may feel that the cost of litigation would cost them too much.The plaintiff might offer a settlement to avoid having to deal with the amount of time, money, and physical and psychological strain that are often involved with a lengthy court proceeding.Or a plaintiff might accept a defendant's offer of a settlement if the jury and/or the judge seem to be favoring the defendant or if they feel that their case is relatively weak.If a case seems to be going well for the plaintiff the defendant might offer a settlement. If this happens the plaintiff's attorney might recommend that either they negotiate for a higher amount or that the defendant should refuse the offer in anticipation of a large award should they win the case.
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