Exposure to asbestos can lead to serious illnesses, including mesothelioma, which can reduce one's quality of life. Treatment costs can reach hundreds of thousands of dollars, causing financial hardships, and even then, victims still struggle to carry out their daily routines.
Fortunately, the affected parties can pursue asbestos claims or mesothelioma lawsuits against the companies responsible for their illnesses.
Schuerger Shunnarah Trial Attorneys have extensive experience pursuing legal action against large corporations. They can guide the injured victims in Indianapolis, Indiana, by assessing their case and holding the responsible parties accountable.
Understanding Mesothelioma Settlements and Verdicts
Many people who do not possess legal knowledge often use the terms "settlements" and "verdicts" interchangeably. It's important to understand that both these terminologies are different.
What Are Mesothelioma Settlements?
When mesothelioma patients file claims or lawsuits against asbestos companies, they start the legal process to recover the damages incurred from exposure to the toxic substance.
To resolve the mesothelioma claim or lawsuit, the injured victims can settle anytime during the legal process.
Mesothelioma settlements refer to a mutual agreement between the affected party and the liable company over the financial compensation amount.
Once the injured victim agrees to a mesothelioma settlement, they have to sign a legal document that bars them from pursuing legal action against the asbestos company and recovering further damages.
What Are Mesothelioma Verdicts?
When the injured victims file mesothelioma lawsuits against the liable asbestos companies, they're holding them responsible for the damages incurred.
Unlike a claim, a suit has an entirely different legal process where the judge or jury gets to decide how to resolve the case.
During the asbestos litigation, the plaintiff and the liable company can settle at any time. However, if they proceed to trial, the judge will decide the verdict of the case, which may include awarding damages or dismissing the suit.
A verdict happens at the end of a trial, while on the other hand, mesothelioma settlements can take place during any phase of the legal process.
Are Mesothelioma Settlements Better than Pursuing Asbestos Lawsuits?
When it comes to mesothelioma settlements and verdicts, the answer to which one is better depends on the injured party's personal situation, finances, and other factors.
Some injured victims may face financial problems and struggle to pay for the medical expenses arising from treatment, therapy, and rehabilitation. The affected party may also incur lost wages and other damages, further putting a dent in their finances.
Resolving asbestos claims or lawsuits through mesothelioma settlements is a quick way to receive financial compensation for the damages. The parties involved may mutually agree on the settlement amount in exchange for dropping the case.
On the other hand, a mesothelioma lawsuit can take much longer to resolve. There is a legal process that both parties must adhere to, and this includes collecting evidence during the discovery phase and presenting arguments with supporting evidence in the courtroom. It can take months or even years to receive a verdict.
Another thing to note regarding mesothelioma settlements is that it is guaranteed compensation for the injured victim. They'll receive the damages after agreeing to the settlement structure during the negotiations.
However, that is not the case with a mesothelioma lawsuit. There is no guarantee of financial compensation in a suit, and the verdict can go either way.
The judge or jury may side with the asbestos company or the plaintiff, depending on how well the parties present their arguments and supporting evidence.
That said, a mesothelioma lawsuit can result in greater financial compensation. The court may award damages, including punitive damages, which can raise the value of the case.
Ultimately, the decision to pursue mesothelioma settlements or verdicts lies with the affected party. They must determine their financial situation and goals before pursuing legal action to help them choose an option that's in their best interests.
It can get confusing to determine whether to pursue mesothelioma settlements or lawsuits. Experienced mesothelioma lawyers can assess the circumstances surrounding the asbestos exposure case and guide the affected party accordingly.
What Is the Statute of Limitations for Asbestos Lawsuits?
When filing an asbestos claim or mesothelioma lawsuit, it's essential to understand that there is a time limit in which the injured party can pursue legal action, and this is commonly referred to as the statute of limitations.
The statute of limitations may vary depending on the state. In Indiana, for example, the affected party has two years from the date of asbestos-related disease or mesothelioma diagnosis to pursue a personal injury claim or lawsuit.
Asbestos exposure can result in a wide range of illnesses, including mesothelioma. However, it can take a long time before the affected party develops symptoms or receives a diagnosis for the disease.
Unlike most personal injury cases where the clock starts ticking from the date of the accident, the statute of limitations for an asbestos claim or mesothelioma lawsuit begins from the date of diagnosis.
It's crucial for the affected party to reach out to a knowledgeable mesothelioma attorney to discuss their case and find out the time they have left to file a claim or lawsuit.
What Is the Average Mesothelioma Settlement?
Most personal injury lawsuits, including mesothelioma suits, settle outside of court (confidential settlements), which is why it can be challenging to calculate the average mesothelioma settlement amount. Schuerger Shunnarah Trial Attorneys can explain what the different types of mesothelioma lawsuits are.
Since mesothelioma is a rare form of cancer that can have a massive impact on the victim's life, the settlement amounts are far greater than what one would receive in other types of personal injury cases.
Depending on the severity of the injuries sustained, the asbestos settlements may range anywhere between $1 million and $2 million.
The amount is much greater if the mesothelioma lawsuit proceeds to court, as verdicts could range between $5 million and $11.4 million.
Asbestos settlements may vary depending on several factors. It's crucial for the affected party to reach out to an experienced mesothelioma lawyer to help assess the damages incurred and assist in determining an accurate estimate of the financial compensation.
What Are the Factors That Affect the Value of Mesothelioma Settlements?
There are several factors that can affect the value of a mesothelioma case, some of which include the following:
Medical Expenses
The main treatment options for mesothelioma patients include surgery, radiation therapy, and chemotherapy. In most cases, these treatment options help prolong the affected party's lifespan instead of curing them completely.
Besides the required treatment, mesothelioma patients may also need targeted therapy, immunotherapy, or palliative care to help them cope with the symptoms of the asbestos-related disease.
Most affected parties often struggle financially after their mesothelioma diagnosis. The piling of medical expenses can adversely affect the patient's bank balance.
Fortunately, the asbestos victim can pursue medical bills, hospital costs, and other out-of-pocket expenses by filing a personal injury claim against the liable party.
Lost Wages
In some cases, mesothelioma patients may be unable to go to work while receiving treatment. Depending on the severity of their illness and medical condition, they may never be able to resume employment. When that happens, it can affect their source of income, leading to financial hardships.
A mesothelioma patient may be able to pursue current wages and loss of earning capacity by filing a personal injury claim against the negligent company.
The mesothelioma settlements are far greater when the affected party suffers from a disability or illness that prevents them from seeking employment.
Other Damages
Besides medical expenses and lost wages, an individual suffering from asbestos exposure may be able to recover other types of damages, including pain and suffering, emotional trauma, and mental anguish.
However, it's important to note that non-economic damages can vary from one personal injury case to another. Since these are subjective, calculating and proving these losses can be challenging when pursuing mesothelioma compensation.
An experienced personal injury attorney can reach out to expert witnesses and medical professionals to help assess and calculate non-economic damages, ensuring maximum mesothelioma compensation for the affected party. They can also help with questions like Can you claim for mesothelioma after death?
Punitive Damages
When an asbestos lawsuit heads to court, the juror may award punitive damages, especially if the defendant has a history of mesothelioma lawsuit settlements.
Punitive damages are not there to compensate the asbestos victims but to punish the defendant for their grossly negligent actions. It is also a tool in the judge's arsenal to deter others from committing similar acts.
Most companies do not want to face the possibility of paying punitive damages, which is why the majority of them prefer asbestos lawsuit settlements over going to trial.
Number of Asbestos Companies in a Lawsuit
An asbestos suit could have multiple companies named as the defendant. In such situations, the defendants may prefer mesothelioma lawsuit settlements over going to trial to avoid legal expenses and bad publicity.
As the number of defendants increases in a personal injury case, there is a higher possibility of recovering greater mesothelioma settlement amounts.
The Experience of a Mesothelioma Lawyer
The mesothelioma lawsuit settlement amount also depends on whether or not the asbestos victim has an experienced personal injury attorney on their side.
Most claimants without legal representation often lose compensatory damages on the table, as they do not know how to build a strong case.
An experienced mesothelioma attorney can help the asbestos victims by assessing the facts surrounding their case, gathering the necessary evidence, building a strong case, and negotiating a fair mesothelioma lawsuit settlement amount.
A skilled mesothelioma lawyer understands the complexities of an asbestos lawsuit and the hurdles when it comes to recovering financial compensation. They can help the victim avoid the pitfalls and expedite the legal process.
Navigating the Mesothelioma Lawsuit Settlement Process in Indiana
The following are the key steps in a mesothelioma lawsuit process:
Filing a Mesothelioma Claim
After a mesothelioma diagnosis, the affected party must pursue a personal injury claim against the negligent company.
When filing an asbestos claim, the defendant (negligent company) typically has 30 days to respond to the formal complaint. They can either reject the claim or offer a settlement.
In most cases, the initial mesothelioma settlement amounts are much lower than the actual damages incurred by the affected parties. The negligent company may pressure the injured victim into accepting a lower settlement to resolve the claim.
Pursuing a Mesothelioma Lawsuit
If the defendant rejects the claim and does not offer a settlement amount, it's essential to file a lawsuit to take the asbestos company to court.
During the different phases of the legal process, the injured victims and the defendants have the chance to keep their differences aside and negotiate a fair settlement to resolve the case.
However, if the plaintiff and their attorney insist on going to court, the decision to give the mesothelioma verdict will lie in the juror's hands.
Discovery and Trial Preparation
During the discovery phase, both parties (the plaintiff and the defendant) have the opportunity to gather as much evidence as they can to build a strong case.
With the help of an experienced mesothelioma attorney, the affected party can gain access to valuable evidence, further strengthening their asbestos lawsuit.
When the negligent company realizes that the plaintiff and their attorney have gathered strong evidence, they may try to negotiate a settlement. Although accepting a settlement offer is a quick way to resolve a case, the affected party must consult their attorney before settling.
Trial and Appeal
When a personal injury case heads to trial, both parties will have to present their arguments to the judge or jury. During this stage, the defendant can provide their side of the story, which the plaintiff can then counteract with supporting evidence.
It's important to understand that a mesothelioma verdict can go both ways. If it favors the plaintiff, the defendant has the chance to appeal, which can prolong the legal process and delay the compensation.
The affected party must consult with their attorney on taking the next step. If the attorney believes that it's in the plaintiff's best interests to settle, they may start negotiating a fair settlement.
Why Should the Asbestos Victims Seek Legal Help?
Asbestos-related diseases, including mesothelioma, can take between 20 and 40 years to develop. The nature of the illness makes it challenging to prove the connection between the disease and asbestos exposure without legal representation.
Experienced mesothelioma lawyers at Schuerger Shunnarah Trial Attorneys can help asbestos victims in many ways, some of which include the following:
They know the evidence needed to help determine the relationship between the victim's illnesses and asbestos exposure.
The legal team at Schuerger Shunnarah Trial Attorneys has the resources to bring medical experts and other experienced professionals on board to testify. This can increase the victim's chances of recovering higher compensation.
A skilled asbestos lawyer at Schuerger Shunnarah Trial Attorneys can help negotiate a fair settlement.
They can build a strong trial-ready case to seek a favorable mesothelioma verdict.
Schuerger Shunnarah Trial Attorneys Are Ready to Go to War for Asbestos Victims!
Those who are suffering from asbestos-related diseases, including mesothelioma, in Indianapolis, Indiana, should call to schedule a free consultation with an experienced mesothelioma lawyer at Schuerger Shunnarah Trial Attorneys, as they may be eligible for compensation.