Each year thousands of families across the
country come face to face with mesothelioma. And hard working families throughout Illinois
are impacted. This silent killer, caused by exposure to asbestos, in anything from brake
pads to home insulation, can remain dormant for decades before turning a life upside down
in a matter of months. Unfortunately, because mesothelioma is a rare cancer, many victims
have difficulty finding an advocate who understands the complex medical and legal issues they're
dealing with.
At the Simmons Law Firm, we want you to know that you're not alone. We've
been fighting asbestos companies on behalf of mesothelioma victims across the state for
over a decade. To date, we've recovered over 760 million dollars for victims living in
Illinois. We have offices in both Alton and Chicago and we're dedicated to giving each
family the personal attention they deserve.
If you live in Illinois, and you or a family
member has been affected by mesothelioma, contact the Simmons Firm today for a free
consultation..
How to Find a Mesothelioma Attorney
How to Find a Mesothelioma Attorney Mesothelioma is a rare form of cancer caused
by exposure to asbestos. Mesothelioma cases are unique in the legal
field due to the long period between being exposed and getting sick. Therefore, it is extremely important to find
an attorney who is familiar with taking on these sorts of cases. You have a limited amount of time to pursue
your claim, so you should find an attorney as soon as possible after your diagnosis.
Preparing to Search for an Attorney 1-1-Determine the jurisdiction you must make sure you are clear about the
appropriate county, or parish, and state in which to bring your claim. A lawsuit should be brought in the county,
or parish, and state in which the person you are suing, called the Defendant, lives or
operates a business. Many specialist mesothelioma attorneys will
have practices in a number of different states 1-2- Consider what you should be looking for The attorney you work with will need to be
someone you can talk to in confidence and feel comfortable with. You may be discussing very personal information
about your health and your condition.
Keep in mind that good communication and trust
is essential if you are going to have positive and successful relationship with an attorney. 1-3- Understand how costs work Understand how costs work. Attorneys in this area of law work on a contingency
basis. That means that your fee will be taken out
of any award money you receive, whether that be through a settlement or jury award.
However, some court costs and travel fees
may have to be paid by you up front. Before you sign up with an attorney you will
agree a percentage of the settlement that you will pay to the attorney after the claim
is completed. Finding Attorneys 2-1-Speak to former colleagues If a trusted friend or colleague can recommend
an attorney this could be a good option. If your colleague got a good result, and they
had a good working relationship with the lawyer, you should add this lawyer to your shortlist 2-2-Search online It's important that you spend some time carefully
reading through the legal information each lawyer provides on the website.
You should be looking for well-written and
in-depth information that evidences the expertise, experience and sensitivity of the attorney. Be wary of adverts that do not provide detailed
information, and just make a bald statement, such as "Millions of Dollars Guaranteed" 2-3-Use some online lawyer directories When you search online you will no doubt come
across a number of large online attorney directories. These can be helpful if you are struggling
to navigate the many thousands of search engine results. Use the same critical criteria to evaluate
any posting, advert or website for a mesothelioma attorney.
3-Evaluating the Attorneys 3-1-Do some initial investigation and research you need to do some investigation about the
records, history and profile of different attorneys. This can become a major task so try to focus
your search as much as possible. You can do an initial assessment by reading
through websites and evaluating the contents and presentation. Review the site for the quality of information,
grammar and spelling, and visual appeal.
Attorneys who maintain sites with large amounts
of grammar and spelling errors, low quality articles, and a barrage of ads can be crossed
of your list..
by exposure to asbestos. Mesothelioma cases are unique in the legal
field due to the long period between being exposed and getting sick. Therefore, it is extremely important to find
an attorney who is familiar with taking on these sorts of cases. You have a limited amount of time to pursue
your claim, so you should find an attorney as soon as possible after your diagnosis.
Preparing to Search for an Attorney 1-1-Determine the jurisdiction you must make sure you are clear about the
appropriate county, or parish, and state in which to bring your claim. A lawsuit should be brought in the county,
or parish, and state in which the person you are suing, called the Defendant, lives or
operates a business. Many specialist mesothelioma attorneys will
have practices in a number of different states 1-2- Consider what you should be looking for The attorney you work with will need to be
someone you can talk to in confidence and feel comfortable with. You may be discussing very personal information
about your health and your condition.
Keep in mind that good communication and trust
is essential if you are going to have positive and successful relationship with an attorney. 1-3- Understand how costs work Understand how costs work. Attorneys in this area of law work on a contingency
basis. That means that your fee will be taken out
of any award money you receive, whether that be through a settlement or jury award.
However, some court costs and travel fees
may have to be paid by you up front. Before you sign up with an attorney you will
agree a percentage of the settlement that you will pay to the attorney after the claim
is completed. Finding Attorneys 2-1-Speak to former colleagues If a trusted friend or colleague can recommend
an attorney this could be a good option. If your colleague got a good result, and they
had a good working relationship with the lawyer, you should add this lawyer to your shortlist 2-2-Search online It's important that you spend some time carefully
reading through the legal information each lawyer provides on the website.
You should be looking for well-written and
in-depth information that evidences the expertise, experience and sensitivity of the attorney. Be wary of adverts that do not provide detailed
information, and just make a bald statement, such as "Millions of Dollars Guaranteed" 2-3-Use some online lawyer directories When you search online you will no doubt come
across a number of large online attorney directories. These can be helpful if you are struggling
to navigate the many thousands of search engine results. Use the same critical criteria to evaluate
any posting, advert or website for a mesothelioma attorney.
3-Evaluating the Attorneys 3-1-Do some initial investigation and research you need to do some investigation about the
records, history and profile of different attorneys. This can become a major task so try to focus
your search as much as possible. You can do an initial assessment by reading
through websites and evaluating the contents and presentation. Review the site for the quality of information,
grammar and spelling, and visual appeal.
Attorneys who maintain sites with large amounts
of grammar and spelling errors, low quality articles, and a barrage of ads can be crossed
of your list..
How is Mesothelioma DiagnosedAttorney Joe Williams
How is mesothelioma diagnosed? Hi. I'm Joe
Williams. I'm a mesothelioma trial attorney in New York City and I can tell you that there
is generally two ways that physicians (doctors) diagnose mesothelioma. The first way of diagnosing
mesothelioma is a clinical diagnosis.
That means that a doctor is evaluating a patient's
presenting symptoms to draw a picture as to what this patient could be suffering from.
So the things that are evaluated are things like shortness of breath. Often with mesothelioma
victims builds up, it's called a "pleural effusion." But it's basically just a buildup
of fluid between a bony ribcage and the lungs. And when the fluid builds up, it pushes on
both the ribs and the lungs. The ribs don't move - they're made of bone -- so it pushes
in and impacts the lungs, makes it harder for the patient to breathe.
Shortness of breath
is a known symptom of mesothelioma. General fatigue and weakness. Weight loss, substantial
weight loss unexplained in a short period of time is another factor, another symptom,
that physicians will use to clinical diagnose or be suspicious of mesothelioma. For mesothelioma
victims, the definite diagnose comes in the form of a biopsy.
And for pleural mesothelioma,
it's a biopsy of the pleural. And the pleural is the lining on the outside of the lung,
sometimes referred to as a "saran wrap like substance" that lines the exterior (the outside
of the lung) and doctors will take a biopsy of that surface to determine if a patient
has mesothelioma. And how is that biopsy taken? Well, it's usually taken through a surgical
technique and I would say the most common one would be a video assisted thoracoscopy,
sometimes known as a VAT (a video assisted thoracoscopy). The doctors go in with several
instruments -- one of which has a camera on it -- and the surgeon (the doctor) can visualize
the area in the chest where the mesothelioma could be.
And with other instruments (and
again, this is a minimally invasive technique) the physicians can take a biopsy (a piece
of flesh). That biopsy material is then taken and sent to a pathology lab within the hospital
and the pathologists (they're specialized doctors who deal with diagnosing disease from
looking at a slide). The flesh is put onto a slide and for mesothelioma victims the slides
are often stained in certain ways so that different cell types can be visualized when
the pathologist looks under a microscope at the slide. That pathologist then writes out
a report -- it's called a "pathology report" -- and the pathology report is a very important
piece of paper that becomes part of that patient's medical case because it definitively diagnoses
their disease.
And it becomes a very important part of their legal case because it definitively
diagnoses them of having been a victim of pleural mesothelioma. I'm sure you have many
other questions about how mesothelioma is diagnosed. I'm Joe Williams and at our firm
we handle cases every day for mesothelioma victims. This is what we do every day and
we can answer your questions.
I encourage you to call our office at the number below
and we'll be happy to answer your questions. Thank you..
Williams. I'm a mesothelioma trial attorney in New York City and I can tell you that there
is generally two ways that physicians (doctors) diagnose mesothelioma. The first way of diagnosing
mesothelioma is a clinical diagnosis.
That means that a doctor is evaluating a patient's
presenting symptoms to draw a picture as to what this patient could be suffering from.
So the things that are evaluated are things like shortness of breath. Often with mesothelioma
victims builds up, it's called a "pleural effusion." But it's basically just a buildup
of fluid between a bony ribcage and the lungs. And when the fluid builds up, it pushes on
both the ribs and the lungs. The ribs don't move - they're made of bone -- so it pushes
in and impacts the lungs, makes it harder for the patient to breathe.
Shortness of breath
is a known symptom of mesothelioma. General fatigue and weakness. Weight loss, substantial
weight loss unexplained in a short period of time is another factor, another symptom,
that physicians will use to clinical diagnose or be suspicious of mesothelioma. For mesothelioma
victims, the definite diagnose comes in the form of a biopsy.
And for pleural mesothelioma,
it's a biopsy of the pleural. And the pleural is the lining on the outside of the lung,
sometimes referred to as a "saran wrap like substance" that lines the exterior (the outside
of the lung) and doctors will take a biopsy of that surface to determine if a patient
has mesothelioma. And how is that biopsy taken? Well, it's usually taken through a surgical
technique and I would say the most common one would be a video assisted thoracoscopy,
sometimes known as a VAT (a video assisted thoracoscopy). The doctors go in with several
instruments -- one of which has a camera on it -- and the surgeon (the doctor) can visualize
the area in the chest where the mesothelioma could be.
And with other instruments (and
again, this is a minimally invasive technique) the physicians can take a biopsy (a piece
of flesh). That biopsy material is then taken and sent to a pathology lab within the hospital
and the pathologists (they're specialized doctors who deal with diagnosing disease from
looking at a slide). The flesh is put onto a slide and for mesothelioma victims the slides
are often stained in certain ways so that different cell types can be visualized when
the pathologist looks under a microscope at the slide. That pathologist then writes out
a report -- it's called a "pathology report" -- and the pathology report is a very important
piece of paper that becomes part of that patient's medical case because it definitively diagnoses
their disease.
And it becomes a very important part of their legal case because it definitively
diagnoses them of having been a victim of pleural mesothelioma. I'm sure you have many
other questions about how mesothelioma is diagnosed. I'm Joe Williams and at our firm
we handle cases every day for mesothelioma victims. This is what we do every day and
we can answer your questions.
I encourage you to call our office at the number below
and we'll be happy to answer your questions. Thank you..
How Do You Prove a Mesothelioma Case in CourtAttorney Joe Williams
How do we prove a case for a mesothelioma
victim in court? Hi. I'm Joe Williams. I'm a mesothelioma trial attorney in New York
City. And I can tell you that in order to prove a mesothelioma case -- a legal case
-- for a victim in court, the first thing that we have to do is we have to be able to
prove that a particular company is responsible to that particular victim.
So how do we do
that? Well, one of the primary ways that we establish that proof is through the victim's
own testimony at a pre-trial deposition and also through their testimony at trial in which
they talk about that particular company's products and how they believe that product
exposed them to asbestos. They generally talk about the dust that was created from the work
that they did with that product. There are also other ways that we prove that that particular
company is responsible to our client. And that's in the form of employment records,
work records.
For navy seamen (men who served on Navy ships), we get records from the U.S.
Naval Archive in Washington, D.C for that particular ship. And often these records show
every piece of equipment that was ever put on those ships. So there's many ways to prove
one particular company's responsibility to our client. The next thing we have to show
is that that company knew -- or should have known -- that asbestos is dangerous and that
they never warned our client about these dangers.
How do we do that? Well we do that through
company documents -- documents from that same company -- that failed to warn our clients
about the dangers of asbestos through internal memorandums, through internal research documents
-- all of which that show that that company either knew or they certainly should have
known that asbestos was a danger and that they never warned our clients about the dangers
of asbestos. The last thing, generally, that we have to show in a legal case for a mesothelioma
victim is that our client was injured - that, of course, every mesothelioma victim suffers
greatly. And it's not just them but their spouses and families suffer as well. And we
document that through the use of medical experts who talk about mesothelioma and its course
on the human body and also through that individual victim's medical records and also through
the testimony of physicians.
Sometimes the treating physicians who actually treated our
client were able to document all of the different medical treatments. And really, all of the
suffering that our client has gone through from the time of their first symptoms until
the present day when we're in court dealing with that mesothelioma case in front of a
judge and jury. Now you may have many more questions about all the ways that we seek
to prove a mesothelioma case on behalf of our client and we can answer those questions
for you. I'm Joe Williams and at our firm we handle cases for mesothelioma victims every
day.
This is what we do; it's who we are. I encourage you to call the number on your
screen below (that's our office number) and we'll answer your questions as well. Thank
you..
victim in court? Hi. I'm Joe Williams. I'm a mesothelioma trial attorney in New York
City. And I can tell you that in order to prove a mesothelioma case -- a legal case
-- for a victim in court, the first thing that we have to do is we have to be able to
prove that a particular company is responsible to that particular victim.
So how do we do
that? Well, one of the primary ways that we establish that proof is through the victim's
own testimony at a pre-trial deposition and also through their testimony at trial in which
they talk about that particular company's products and how they believe that product
exposed them to asbestos. They generally talk about the dust that was created from the work
that they did with that product. There are also other ways that we prove that that particular
company is responsible to our client. And that's in the form of employment records,
work records.
For navy seamen (men who served on Navy ships), we get records from the U.S.
Naval Archive in Washington, D.C for that particular ship. And often these records show
every piece of equipment that was ever put on those ships. So there's many ways to prove
one particular company's responsibility to our client. The next thing we have to show
is that that company knew -- or should have known -- that asbestos is dangerous and that
they never warned our client about these dangers.
How do we do that? Well we do that through
company documents -- documents from that same company -- that failed to warn our clients
about the dangers of asbestos through internal memorandums, through internal research documents
-- all of which that show that that company either knew or they certainly should have
known that asbestos was a danger and that they never warned our clients about the dangers
of asbestos. The last thing, generally, that we have to show in a legal case for a mesothelioma
victim is that our client was injured - that, of course, every mesothelioma victim suffers
greatly. And it's not just them but their spouses and families suffer as well. And we
document that through the use of medical experts who talk about mesothelioma and its course
on the human body and also through that individual victim's medical records and also through
the testimony of physicians.
Sometimes the treating physicians who actually treated our
client were able to document all of the different medical treatments. And really, all of the
suffering that our client has gone through from the time of their first symptoms until
the present day when we're in court dealing with that mesothelioma case in front of a
judge and jury. Now you may have many more questions about all the ways that we seek
to prove a mesothelioma case on behalf of our client and we can answer those questions
for you. I'm Joe Williams and at our firm we handle cases for mesothelioma victims every
day.
This is what we do; it's who we are. I encourage you to call the number on your
screen below (that's our office number) and we'll answer your questions as well. Thank
you..
How do You Determine Where You Were Exposed to AsbestosAttorney Joe Williams
Someone in your family has been diagnosed
with mesothelioma and you're trying to figure out all the ways that they could have been
exposed to asbestos during the course of their life but how do you figure all that out? Hi.
I'm Joe Williams. I'm a mesothelioma trial attorney in New York City and I can tell you
that the primary way of unlocking all this information is through a very detailed occupational
exposure history. And what the basically means is that the patient -- the victim, the mesothelioma
victim -- has in their mind all the ways that they could have been exposed to asbestos and
we just need to talk it out and sit with them and talk about all the types of exposures
they could have had. We review every job they ever had.
And some jobs that a victim of mesothelioma
thinks are inconsequential or brief; they may be the most important. Some jobs that
they think are very causative of mesothelioma they may not be the most important. But we
walk through this entire process -- through their youth as a child up until the present
day and every job and every possible exposure they could have had. So in order to do that
what do we do? Well, we talk about the first job they ever had.
Sometimes clients tell
me, "Well as a kid I had a paper route. Well that couldn't have exposed me to asbestos."
And I agree. But then we talk about some other things that they did as a young man or woman
that may be relevant to the exposure history as it relates to asbestos. And we go through
what they did at all these jobs and we do this in a relatively stress free way because
it's important to recognize that a person with mesothelioma is suffering.
And the last
thing we want to do is stress them with a legal case; we make this as simple as we possibly
can. We talk about those occupational exposures and we also talk about potential environmental
exposures. Did they live near a manufacturing plant that was manufacturing products using
asbestos? Perhaps there was dust from that manufacturing process that caused them to
be exposed to asbestos. That could be another exposure.
We talk about potential household
exposures. Well, what did this mesothelioma victim's parents or family members do for
a living? Perhaps there's some sort of asbestos exposure there. Did the victim's father work
in an industry and bring asbestos home on their clothes? That's another possible asbestos
exposure. But what I can tell you about this part of the process is -- this workup, the
investigation -- is that it is very thorough.
And it's important to be extremely thorough
while at the same time not causing stress to the victim and to their families. And I
know all this because this is what we do every day. I'm Joe Williams and at our office we
represent mesothelioma victims every day. And I'm sure you have more questions; we can
answer those questions.
I encourage you to call the number below that's our office number
and we'll help and answer your questions. Thank you..
with mesothelioma and you're trying to figure out all the ways that they could have been
exposed to asbestos during the course of their life but how do you figure all that out? Hi.
I'm Joe Williams. I'm a mesothelioma trial attorney in New York City and I can tell you
that the primary way of unlocking all this information is through a very detailed occupational
exposure history. And what the basically means is that the patient -- the victim, the mesothelioma
victim -- has in their mind all the ways that they could have been exposed to asbestos and
we just need to talk it out and sit with them and talk about all the types of exposures
they could have had. We review every job they ever had.
And some jobs that a victim of mesothelioma
thinks are inconsequential or brief; they may be the most important. Some jobs that
they think are very causative of mesothelioma they may not be the most important. But we
walk through this entire process -- through their youth as a child up until the present
day and every job and every possible exposure they could have had. So in order to do that
what do we do? Well, we talk about the first job they ever had.
Sometimes clients tell
me, "Well as a kid I had a paper route. Well that couldn't have exposed me to asbestos."
And I agree. But then we talk about some other things that they did as a young man or woman
that may be relevant to the exposure history as it relates to asbestos. And we go through
what they did at all these jobs and we do this in a relatively stress free way because
it's important to recognize that a person with mesothelioma is suffering.
And the last
thing we want to do is stress them with a legal case; we make this as simple as we possibly
can. We talk about those occupational exposures and we also talk about potential environmental
exposures. Did they live near a manufacturing plant that was manufacturing products using
asbestos? Perhaps there was dust from that manufacturing process that caused them to
be exposed to asbestos. That could be another exposure.
We talk about potential household
exposures. Well, what did this mesothelioma victim's parents or family members do for
a living? Perhaps there's some sort of asbestos exposure there. Did the victim's father work
in an industry and bring asbestos home on their clothes? That's another possible asbestos
exposure. But what I can tell you about this part of the process is -- this workup, the
investigation -- is that it is very thorough.
And it's important to be extremely thorough
while at the same time not causing stress to the victim and to their families. And I
know all this because this is what we do every day. I'm Joe Williams and at our office we
represent mesothelioma victims every day. And I'm sure you have more questions; we can
answer those questions.
I encourage you to call the number below that's our office number
and we'll help and answer your questions. Thank you..
How Can You Prove Asbestos Exposureelglaw.com
I've done flooring for twenty years
and I know that, you know, in the past I've been in contact
with asbestos-related products and I was gonna ask:
'Is there any way that you can, you know, maybe prove you know say fifteen,
seventeen years ago that I'm, you know, that it may have had
an effect on me, you know, up to now? Yeah, how does that work? Yeah, that's a great question because
if you think of asbestosis or any of the diseases that are caused by
asbestos they're all progressive diseases. So, you go back 17 years, and
persons getting exposed to asbestos, say doing floor tiles, he wouldn't see
a problem until probably about now. That particular condition,
or let me go to the material itself, the flooring industry was real, real bad
with respect to the use of asbestos and the material, the floor and tile itself,
the glues, and just a host of things. And the modern day, you don't typically
see that in flooring today but when a flooring guy would
go in and remove flooring and things like that, to put down new floor, and that's when you get exposed today.
But back in the old days
that was pretty common. Talk to our viewers and people like
Greg about the statute of limitations as it would apply to an asbestos case because we're talking about exposure that occurred many times,
many, many years ago. Help our viewers understand that. Well, the statute of limitation
is that prescribed period when you can bring a lawsuit.
With respect to a person being
exposed to asbestos or one who would like
to bring a claim in Alabama, you've got to overcome
what's called the post 79' rule. So, once you show that a person was
exposed past 1979 to an asbestos product, then you can bring a lawsuit. But for the most part, most of these cases
are filed in many other states where that particular
unique rule is only, well, just saying that rule
is actually unique to Alabama..
and I know that, you know, in the past I've been in contact
with asbestos-related products and I was gonna ask:
'Is there any way that you can, you know, maybe prove you know say fifteen,
seventeen years ago that I'm, you know, that it may have had
an effect on me, you know, up to now? Yeah, how does that work? Yeah, that's a great question because
if you think of asbestosis or any of the diseases that are caused by
asbestos they're all progressive diseases. So, you go back 17 years, and
persons getting exposed to asbestos, say doing floor tiles, he wouldn't see
a problem until probably about now. That particular condition,
or let me go to the material itself, the flooring industry was real, real bad
with respect to the use of asbestos and the material, the floor and tile itself,
the glues, and just a host of things. And the modern day, you don't typically
see that in flooring today but when a flooring guy would
go in and remove flooring and things like that, to put down new floor, and that's when you get exposed today.
But back in the old days
that was pretty common. Talk to our viewers and people like
Greg about the statute of limitations as it would apply to an asbestos case because we're talking about exposure that occurred many times,
many, many years ago. Help our viewers understand that. Well, the statute of limitation
is that prescribed period when you can bring a lawsuit.
With respect to a person being
exposed to asbestos or one who would like
to bring a claim in Alabama, you've got to overcome
what's called the post 79' rule. So, once you show that a person was
exposed past 1979 to an asbestos product, then you can bring a lawsuit. But for the most part, most of these cases
are filed in many other states where that particular
unique rule is only, well, just saying that rule
is actually unique to Alabama..
Facts You Need to Know About mesothelioma settlements
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..
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..
Subscribe to:
Posts (Atom)