Settlements for Mesothelioma Patients Once you file an asbestos personal injury
lawsuit, there are two ways to receive compensation for your injuries. If your case goes to trial, you may receive
a favorable jury verdict awarding you compensation for your injuries. But in many instances, asbestos lawsuits settle
out of court. Settlements occur when common ground is found
on the amount a defendant is willing to pay and the amount a plaintiff is willing to accept
for pleural mesothelioma or other asbestos injuries.
Since there is no guarantee on how a trial
will end, parties often reach settlement agreements to avoid prolonged litigation and the uncertainty
of trial. But just as there are no guarantees at trial,
there are no guarantees that your case will settle. It is best to consult experienced pleural
mesothelioma lawyers about your options during the case process, including options for settlement. Determining When to Settle Pleural mesothelioma lawsuits are usually
filed against multiple defendants who allegedly contributed to the injury.
Defendants are not always held equally liable,
and states have different rules regarding how liability is divided among defendants. Because a cases outcome may be different
for each defendant, the chances of settling also vary for each defendant. Parties can reach settlements any time after
the complaint is filed. In some instances, it is possible to reach
a settlement with one or more defendants early in the case process before many papers are
filed or much discovery has taken place.
This may be especially true for defendants
who arent facing many lawsuits, dont have much litigation experience, or are especially
concerned about avoiding substantial litigation costs. They may be inclined to pay some portion of
the claims to end the litigation. Plaintiffs may have incentives to accept offers
from these defendants so they can have more resources to focus on the remaining defendants
during discovery and trial. Some cases settle during discovery, as more
evidence comes to light and the strength of each party's case becomes clearer.
Others settle on the eve of trial or during
trial for the same reason. Sometimes parties reach settlements after
a jury has ordered a substantial award. In some cases, a plaintiff may accept a settlement
that's lower than a jury award in order to ensure receiving some payment soon. In exchange, the defendant may agree to waive
its right to appeal an award and thus delay payment.
Landmark Cases Borel v. Fibreboard is a U.S. Landmark asbestos
case that has provided precedents for thousands of asbestos claims. It began in 1936 when Clarence Borel, a husband
and father of six, started working in the shipyards and oil refineries along the Texas-Louisiana
border.
He was unaware that shipyards would soon become
a leading cause of occupational asbestos exposure. Diagnosis and First Settlement
In 1969, doctors diagnosed Borel with advanced asbestosis. That spring, he filed for a workers compensation
claim for injuries caused on the job. He eventually settled for a little more than
$13,000, but that was not enough to cover all of his medical expenses.
It was then that Borel asked Ward Stephenson,
a Texas attorney, to sue the eleven asbestos manufacturers that knowingly exposed him to
asbestos for $1 million in damages. A verdict of more than $79,400 was made in
favor of Borel, but he died of mesothelioma in 1970 before his trial came to a close. All monetary damages were awarded to his wife. Recognizing Manufacturer's Responsibility
Borel v.
Fibreboard became known as the first case to recognize a manufacturers responsibility
of warning and protecting their workers against the hazardous effects of asbestos exposure. Since then, there have been many promising
mesothelioma verdicts. A jury in Madison County, Illinois in 2003
ordered manufacturer U.S. Steel to pay Roby Whittington $250 million.
He is a former employee who was diagnosed
with mesothelioma. In 2012, a California jury awarded former
construction worker Bobbie Izell $48 million in a lawsuit against Union Carbide. Izell was exposed to asbestos on various construction
sites in the 1960s and 1970s. In 2011, he was diagnosed with mesothelioma.
Factors Affecting Settlement There are many factors influencing the decision
to settle. This is true for both sides of a lawsuit. But these reasons can usually be traced to
a common concern: Is there some economic incentive to settling a lawsuit? Pleural mesothelioma and other asbestos-related
diseases are very aggressive. Their physical, emotional and financial tolls
mount quickly.
So although plaintiffs may want all of their
losses compensated, it may be in their best financial interests to obtain some portion
sooner rather than take a chance at receiving more compensation later. Defendants want to limit their liability for
asbestos claims. Sometimes the best way to do that is by agreeing
to settle a case. Whether or not the defendant is engaged in
multiple asbestos lawsuits will affect the decision.
On one hand, settling a case may be a good
strategy for avoiding a trial verdict that could encourage further lawsuits and litigation
costs. Defendants usually settle without admitting
any liability, so settlements can't be used as admissions of liability in other cases. On the other hand, agreeing to a substantial
settlement could encourage further lawsuits or affect the settlement amount which other
plaintiffs are willing to accept for the claims. Another factor affecting settlement is whether
or not insurance coverage is available to pay asbestos claims.
This is particularly true with larger corporate
asbestos defendants who usually have insurance policies that help them pay litigation claims
and expenses. Their insurers are usually actively involved
in litigation and have considerable input into whether and when the corporations agree
to settle. The amount of insurance coverage available
also affects the amount of settlement. What Settlement Means for Plaintiffs Plaintiffs usually have to do more than just
deposit payments under settlement agreements.
Before agreeing to settlements, plaintiffs
should understand that they will likely be responsible for doing certain things under
the terms of the agreement. For instance: They must usually agree to drop their lawsuits
and waive any future claims against the settling defendant as a condition for settlement. Defendants have little incentive to settle
if there's a chance a plaintiff could sue them again. In addition, plaintiffs must usually accept
the settling defendant's unwillingness to admit liability.
The defendant usually includes language in
the settlement agreement that specifically denies responsibility for a plaintiff's injuries. Finally, plaintiffs usually can't talk about
settlement agreement terms. In particular, they must usually agree to
keep the amount of the settlement a secret. For this reason, pleural mesothelioma settlements
are usually reported as settling for an undisclosed amount.
It's wise to consult a qualified pleural mesothelioma
attorney before agreeing to settle an asbestos personal injury claim. An even wiser decision would be hiring an
experienced pleural mesothelioma attorney to explain your legal options, file your claim,
and potentially negotiate a settlement on your behalf. Do You Settle or Seek a Verdict? While a jury verdict may result in a larger
award, there is no guarantee the jury will side with you. Juries can be surprising, and many attorneys
can attest there are no sure bets in a trial.
While the amount awarded in an asbestos lawsuit
settlement may be smaller than what might be expected in a trial verdict, at least compensation
is guaranteed. The decision to settle or go after a verdict
is best made with the advice of an experienced mesothelioma attorney. These lawyers understand the nature of mesothelioma
and other asbestos-related diseases. They realize a quick resolution to a lawsuit
is not only desired but necessary.
Ultimately, it will be up to you to accept
or decline a settlement offer. There is no magic formula to decide whether
to reject an offer and take the case to trial. The issue becomes whether you are ready to
end the case by accepting the offer. Only you or your family can answer that question..
No comments:
Post a Comment