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Mesothelioma Lawsuit – How to get Started?
Mesothelioma Lawsuit
How to get started?
If you or someone close to you has been diagnosed with mesothelioma, you have probably heard or read about the possibility of obtaining financial compensation by way of a mesothelioma lawsuit. It can be difficult to navigate the maze of television commercials and websites to figure out how to get the process started.
There are really three simple steps to get started with a mesothelioma lawsuit:
– Presenting proof of a mesothelioma diagnosis;
– Providing information about asbestos exposure; and
– Choosing a highly experienced mesothelioma law firm.
I. Presenting Proof of a Mesothelioma Diagnosis
When contacting a law firm experienced in handling mesothelioma lawsuits, you will first need to present some proof of a mesothelioma diagnosis. The following records can be used to get the process started:
– Pathology report that states “mesothelioma”;
– Oncology medical record that states “mesothelioma”;
– Death certificate that states “mesothelioma” (if person is deceased).
Even though exposure to asbestos increases a person’s risk of developing mesothelioma, a person cannot file a mesothelioma lawsuit unless the person already has proof of a mesothelioma diagnosis. Law firms experienced in handling mesothelioma lawsuits have expertise in ordering medical records that may provide evidence of a mesothelioma diagnosis.
II. Providing Information about Asbestos Exposure
In order to file a mesothelioma lawsuit, the person diagnosed with the disease must have some information that would demonstrate prior exposure to asbestos. Generally, the best source of information as to a person’s asbestos exposure is the memory of the person who was diagnosed with mesothelioma or the person who worked with or around asbestos-containing products. A person can be exposed to asbestos from directly working with asbestos products (direct asbestos exposure), from working in the same area as others working with asbestos products (bystander asbestos exposure) or by laundering contaminated work clothing or otherwise having contact with clothing that is soiled with asbestos dust (take-home exposure). Law firms experienced in handling mesothelioma lawsuit also have documents and other information relating to asbestos exposures that occurred at many work sites where asbestos exposure was common.
III. Choosing a Highly Experienced Mesothelioma Law Firm
A mesothelioma lawsuit is not a simple case. You must have a law firm that is highly experienced in handling these cases. The firm must be knowledgeable about many areas, including: the many different ways that people can be exposed to asbestos, the many different products that contained asbestos, and the medical and scientific issues relating to the diagnosis and causation of mesothelioma.
You should find out information about the firm, including how long they have been handling mesothelioma cases, how many jury verdicts and settlements they have obtained, and whether they have received awards and recognitions for their work in these cases. Once you choose a highly experienced mesothelioma law firm, the firm can take the necessary legal steps to get your lawsuit filed and move the case toward settlement or trial.
Levy Konigsberg LLP has been successfully handling mesothelioma lawsuits for thirty-plus years. The firm’s founder, Stanley Levy, was one of the first lawyers in the Northeastern United States to file cases on behalf of those suffering from mesothelioma. The firm has won landmark jury verdicts in mesothelioma cases including the highest mesothelioma jury verdict ever upheld on appeal in the United States. The firm was recognized in 2013 by the U.S. News & World Report as “Plaintiff’s Product Liability Law Firm of the Year”. The firm also contributes to the fight to cure mesothelioma and has contributed more than $1 million for this cause.
Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
– Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
Obtain maximum compensation in your case by being able to:
Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
– File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.
Class Action Lawsuits – Mesothelioma Lawsuit
Class Action Lawsuits – Mesothelioma Lawsuit
Class Action Lawsuits
A class action is a lawsuit filed by claimants who sue on behalf of a large group of people who have been similarly harmed by the same defendants. Mesothelioma cases are no longer filed as class actions. Instead, claimants file individual personal injury lawsuits or wrongful death lawsuits.
In 2017 alone, more than 4,000 asbestos lawsuits were filed in the U.S., according to a KCIC industry report. Combining all those lawsuits into a single class action would not be good for the people filing them, because each asbestos-exposure case is so unique.
What Is a Class Action Lawsuit?
A class action lawsuit is a claim in which a group of people collectively bring a complaint to court. These types of lawsuits are filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people.
State and federal courts have their own procedural rules governing class actions. Most agree that the group must share similar injuries caused by shared circumstances that raise the same legal issues.
The court must determine that there are sufficient similarities and that separate lawsuits would be impractical or burdensome. Then it will certify the group as a class and allow them to litigate their case collectively.
Class action lawsuits involving mesothelioma and asbestos began surfacing in the late 1960s. At the time, the public had just become aware of the serious health hazards of asbestos exposure. Since then, judges have resorted to a number of procedural methods to manage asbestos claims that now number in the millions.
History of Mesothelioma and Asbestos Class Actions
U.S. District Court for the Eastern District of Pennsylvania
About 20 years after the first mesothelioma and asbestos class action lawsuits were filed, the number of cases grew to about 20,000.
As awareness increased and doctors diagnosed more people with mesothelioma, the number of claims escalated to 750,000 in another 20 years. Judges were aware of the overwhelming number of claims and the difficulty of managing so many.
In 1991, federal asbestos cases were consolidated in the U.S. District Court for the Eastern District of Pennsylvania for pretrial purposes. Multidistrict asbestos litigation continues to be heard in this court, and is known as MDL 875.
Quick Fact:
Mesothelioma class actions typically are filed against companies that knew the dangers of asbestos exposure but did not inform employees of the risks. Manufacturers and distributors of asbestos-containing products, mining and construction companies and shipbuilders are often named as defendants in these types of class actions.
Georgine v. Amchem Inc.
The presiding judge was expected to facilitate a global settlement between the major asbestos defendants and plaintiffs’ attorneys. That effort failed. A group of asbestos manufacturers and major plaintiff’s firms attempted to negotiate a settlement agreement. Not intending to go to trial, the parties filed a complaint, answer, joint motion to certify a class and a proposed settlement agreement for Georgine v. Amchem Prods., Inc.
Under the proposal in Amchem, the parties would seek to create a class solely for settlement purposes. Claims of unimpaired plaintiffs would be deferred and a payment matrix would be applied to other claims, including future asbestos claims.
The U.S. Supreme Court eventually ruled against class certification. The court ruled that it was inappropriate because the class of claimants was too large and had too many varied interests. In addition, common questions of law and fact did not predominate within the proposed class.
Ortiz v. Fibreboard Corp.
Since Amchem, federal courts have not favored asbestos class actions. In Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), the Supreme Court ruled against certifying an asbestos class action. State courts have generally been more willing to certify class actions than federal courts. Still, asbestos class actions are not common.
Deciding Whether to Participate in a Class Action
If you are asked to join an asbestos class action, remember that you can choose to join the class or “opt out” so that you can pursue your own lawsuit. You should consider hiring a mesothelioma attorney to advise you on your individual circumstances and legal options.
Out-of-Court Settlements
An out-of-court settlement is likely when a large group of claimants is involved. Any settlement is divided among thousands of claimants. This may be attractive to patients who wish to avoid a trial. But it is difficult to get several plaintiffs and defendants to reach agreement on legal issues. If the parties manage to reach an agreement on a class action settlement, the court must still approve the settlement terms.
Difficulties with Large Plaintiff Numbers
Class action members have less control over their cases than claimants who file separate lawsuits. Lawyers who handle class actions represent the interests of a large number of plaintiffs.
Attorneys for individual lawsuits can focus more closely on their client’s individual issues. Many asbestos claimants prefer to have more control over their cases and opt not to join class actions.
Tips for Submitting Illinois Mesothelioma Lawsuits
Obtaining compensation through a mesothelioma lawsuit can help victims cover the high medical expenses in treating mesothelioma cancer. In addition, the recompense obtained through a successful suit offers family members financial support in the years ahead. Taking civil action for compensation is the surest way to hold the companies in the asbestos industry accountable for the harm they cause.
Tens of thousands of mesothelioma victims have secured compensation through out-of-court settlements and jury awards. Most asbestos claims are filed by individuals suffering with malignant mesothelioma after prolonged asbestos exposure in their workplace. In addition, surviving family members file wrongful death lawsuits when their loved one has died from mesothelioma caused by the negligence of others.
Mesothelioma: A Dreadful Disease Caused By a Generation of Industry
As an aggressive cancer, Mesothelioma is a dreadful disease that causes significant damage to the pleural mesothelium (lining inside the lungs) or peritoneal mesothelium (abdomen). Nearly every case is caused by prolonged exposure to asbestos, a carcinogenic mineral fiber that occurs naturally in soil and rocks.
For decades, doctors, attorneys and the federal government have known about the harmful effects of asbestos exposure on human health. Only in recent years have many high profile cases been publicized, creating a pathway for other victims to seek the compensation they deserve for their injury caused by the negligence of others.
Most common cases involving asbestos exposure occur in the workplace. Because exposure to asbestos is usually preventable, nearly every case of asbestos cancer and disease creates legitimate grounds to file a mesothelioma lawsuit to hold asbestos product manufacturers accountable for negligence.
Occupations Commonly Putting Workers At Risk For Asbestos Exposure
Obviously, the highest rate of asbestos-related disease (ARD) occurs in workers who handle asbestos products. Most involve employees in specific industries that include:
– Petroleum refineries
– Shipyards involving shipbuilding or repair
– Chemical industries
– Electric power and light
– Vessel operators and seamen
– The construction industry
In addition to the above industries, other occupations have a high rate of ARDs caused by exposure to asbestos. These occupations include: electricians, mechanical engineers, steamfitters, pipefitters, plumbers and teachers who have worked in an aging school facility.
Burden of Proof Necessary to Win Illinois Mesothelioma Lawsuits
Receiving financial compensation through a claim or lawsuit is not automatic. It requires proving how exposure to asbestos caused injuries or damage. The victim must show a direct correlation between exposure of materials or products and asbestos-related injuries including mesothelioma and other cancers.
The burden of proof may be difficult because many decades have likely past from the time the victim was exposed until the medical condition was diagnosed. As a part of the claim, the victim will need to provide details of working conditions and employment history. To protect the rights of the victim and gain the advantage in securing compensation often requires hiring a skilled attorney to handle the case.
A Free Case Review With a Winning Team of Mesothelioma Attorneys
Victims diagnosed with asbestos-related diseases (ARD’s) including mesothelioma and asbestosis have numerous legal options to seek compensation and hold parties responsible accountable for their negligence. Rosenfeld Injury Lawyers LLC offer a free mesothelioma case review to evaluate the claim for financial recompense and determine the value of the case.
If you, or a loved one, have been diagnosed with mesothelioma, asbestosis, asbestos-related lung cancer or other ARD, it is imperative to speak with our attorneys. Filing a claim is time sensitive, where documents must be filed within a specific timeframe. Our lawyers can assist you in the legal pursuit of any possible claim and handle every aspect of your case through the complex process including filing a suit, the discovery phase, negotiating a settlement or taking the case to trial.
Your Mesothelioma Injury Case Deserves to Be Handled By an Experienced and Compassionate Legal Team
Rosenfeld Injury Lawyers LLC can file two specific kinds of mesothelioma lawsuits – personal injury lawsuits and wrongful death lawsuits. In addition, our attorneys can seek recompense for victims harmed through primary asbestos exposure (direct contact) and secondary asbestos exposure (contact with someone with direct exposure to asbestos). Wrongful death mesothelioma lawsuits can be filed by surviving family members of victims who died from exposure to asbestos.
Because of strict regulations surrounding the toxic substance, most asbestos manufacturers have since filed bankruptcy. However, many of these asbestos manufacturers have been ordered by bankruptcy courts to create trust funds or lawsuit funds to pay claims to victims suffering mesothelioma caused by asbestos exposure.
How the lawsuit was filed in the New Orleans Federal Court of Asbestos Death?
The wife of a man who purportedly died from considerable exposure to asbestos has filed a lawsuit in New Orleans federal court against five companies for their alleged failure to warn her husband of the hazards associated with the product. 72-year-old Joseph Frazier died from mesothelioma in 2004 after more than 50 years of exposure to asbestos and asbestos-containing products at work sites in a variety of states. Earlier this month, his wife filed suit against Certainteed Corp., Owens-Illinois Inc., Crown Cork & Seal Company Inc., Georgia-Pacific Corp., and Crane Co. as the personal representative of his death beneficiaries.
The lawsuit claims Frazier was exposed to asbestos while employed by the United States Army, Illinois Fibre Specialty Co., Illinois Roofing & Insulation, Midwest Industrial Siding Inc., Wynwood Builders Inc., L&S Roofing & Insulation, Abbey Home & Builders, Welso Construction Co., and JD Frazier Building Co. The five companies listed in the complaint are the successors to Frazier’s previous employers. Frazier’s wife has accused the companies of negligence and stated they should be held strictly liable for a failure to warn Frazier of the dangers related to asbestos exposure, failure to place sufficient warnings on products which contain asbestos, failure to provide Frazier with the proper safety equipment, failure to implement and follow a safety plan, and failure to remove products which contain asbestos from the marketplace.
Frazier’s widow has asked the New Orleans court to award damages for her own metal anguish and her husband’s mental anguish, conscious suffering and pain, disability, loss of enjoyment of life, disfigurement, and medical expenditures. She has also asked for an award of punitive damages, court costs, and interest. Interestingly, this case was initially filed in Mississippi and dismissed for lack of jurisdiction. The case was later filed in both Alabama and Louisiana. Frazier’s widow has requested a jury trial in Louisiana and stated she will ask that the case in Alabama be dismissed.
Mesothelioma is a rare form of lung cancer. It has been linked to exposure to asbestos and asbestos-containing products. Mesothelioma often occurs in construction workers, shipyard workers, miners, and those employed in industries where asbestos was commonly used. Because symptoms may not appear for many years after exposure, it can be difficult for mesothelioma victims to determine exactly when they were exposed to asbestos. The medical costs associated with mesothelioma treatment are generally quite high. An individual suffering from mesothelioma may be eligible for compensation for medical costs, pain and suffering, lost wages, and relatives may be eligible for death benefits. If you have questions about your mesothelioma diagnosis, a knowledgeable personal injury lawyer can assist you with evaluating the facts of your case.
Tips for Mesothelioma After Death
Tips for Mesothelioma After Death
Thousands of businesses have had to defend themselves against asbestos and mesothelioma lawsuits in the past several decades. Some of these asbestos lawsuits were brought by the individual who suffered from mesothelioma or other asbestos-related disease. In other cases, the family of the victim files the lawsuit because the victim passed away. People who have a close enough relation to the deceased mesothelioma victim can file a wrongful death lawsuit, if they meet certain legal criteria.
In California, for example, the statute of limitations for an asbestos-related lawsuit is one one year after the date that the person suffered a disability, or one year after the date the person know or should of known that their disability was caused by asbestos exposure.
Who Can File a Mesothelioma Wrongful Death Lawsuit?
To file a wrongful death lawsuit, certain criteria must be met and the death needs to be a result of a person’s or company’s negligence. The ability to sue for the death of a person due to negligence has evolved a great deal over the years. In the past, if a person died due to another party’s negligence or wrongful act, it was impossible to sue for damages. In some cases, it was more cost effective for the guilty party if the victim died from their injuries instead of having to pay for medical costs, lost earnings and pain and suffering.
That is why governments now have established the right for people to sue for compensation for wrongful death, such as in a mesothelioma case. But note that the people who bring the mesothelioma wrongful death lawsuit must be close enough to the victim. So, legally speaking, you have to be eligible to file this type of lawsuit; this is known as legal standing. Some of the relationships that will allow you to file a mesothelioma wrongful death lawsuit are:
– Husbands, wives and children, mothers and fathers, brothers and sisters
– Grandparents
– People who were financially dependent upon the victim; this will vary by state. In California, the family must be at least 50% financially dependent upon the victim.
Thousands of wrongful death lawsuits have been filed on the behalf of mesothelioma victims over the years. Asbestos companies and those that used asbestos in their products and buildings have been shown many times to have known that the toxic substance could lead to injury and death. With proper legal representation, you can file and win a mesothelioma wrongful death lawsuit against the company or companies that exposed your loved one to asbestos.
Mesothelioma Wrongful Death Lawsuit Process
In all asbestos-related lawsuits, a skilled attorney will do a great amount of research. This will usually commence with interviews of the plaintiff. Our mesothelioma attorneys has a skilled team of investigators who have experience in asbestos/mesothelioma investigations and have extensive resources at our disposal. Our law firm is aware of most of the companies that have used asbestos in the past. This allows our research to occur efficiently and accurately. Only when we have concluded our research will we present to you our opinion about the potential of your mesothelioma wrongful death lawsuit. If our attorneys conclude that you should file a wrongful death lawsuit and seek damages, the claim will be filed. But deciding in which state to file the claim is not as easy as it seems. Usually, the wrongful death lawsuit will be filed where the mesothelioma victim lived or was exposed to the asbestos. But if there is another state where the case may be filed and better results are possible, this could be preferable.
Some states make companies liable for asbestos exposure that occurs on a secondhand way. It is possible for tiny asbestos fibers to cling to shoes, clothes, hair and skin of the person who worked around the substance. Cases have been won where the family of the worker exposed to asbestos brought it home from work and this lead to mesothelioma for members of the family. It has been common for firefighters, construction workers, auto mechanics and electricians to bring home asbestos on their person.
Document Asbestos Exposure
One of the things that many people unfortunately neglect is to document their or their loved one’s asbestos exposure on the job. Even if you or a loved one has not yet come down with mesothelioma, it is a very good idea to document possible exposure, in case mesothelioma is ever diagnosed. That way, you have critical information that you need to file a successful personal injury or wrongful death lawsuit.
If you think that you or a loved one was exposed to asbestos, it is wise to document the following information:
– Work history, including the dates that were spent in each job and where that job was located.
– A list of co-workers who also may have been exposed.
– Job duties, including tasks that put you or your loved one at a higher risk of exposure. For example, many cases have been filed on the behalf of automotive mechanics who were exposed to asbestos when they were repairing brake pads and rotors. Asbestos was once commonly used on these automotive parts.
– Any specific machines or materials that were worked around that could elevate the risk of asbestos exposure.
– Work history of a loved one or family member if you are concerned about second hand asbestos exposure.
Being prepared in this way can save you and your loved ones much time if someone dies later from asbestos exposure. Having information about the person’s detailed work history and contacts can help your wrongful death attorney to build a better case in less time. This can be important particularly for meeting any relevant statute of limitations to file the case.
Discovery in a Mesothelioma Wrongful Death Lawsuit
Discovery is a vital part of the wrongful death lawsuit process. This is where the wrongful death attorney works to collect evidence, documents, witness testimony and more to build the best case. The attorney will depose defendants and will collect extensive information about your employment history, medical and personal history.
This type of lawsuit is challenging in terms of collecting evidence and proving the case, especially if the person died without documenting their exposure to asbestos in their work history. As exposure typically happened many years before, even family members who knew about the exposure at the time may have forgotten key evidence and facts of the exposure.
That is the reason that other witnesses, including co-workers and written evidence are so important to proving a mesothelioma wrongful death claim. Your lawyer will spend much time and resources collecting records, interviewing people and speaking to representatives of the companies in question. If specific companies cannot be determined that caused the exposure, it is possible the case could be limited to suppliers and manufacturers of commonly used asbestos related products.
Final Word
Keep in mind that defendants and their attorneys will aggressively attempt to dismiss the lawsuit before it goes to trial. Many companies also will try to make you a lowball settlement offer. That is why having one of our mesothelioma lawsuit attorneys working for you is very important in the settlement negotiation process. This ensures that you will be fairly compensated for the loss of your loved one.
It is estimated that 95% of asbestos and mesothelioma lawsuits end in a settlement. The amount that you get for the loss of your loved one could be one of the largest financial events of your entire life. That is why it is so important to choose the right law firm to represent you.
Mesothelioma Lawsuit Settlement Amounts
Mesothelioma Settlements
Many people diagnosed with mesothelioma, or who have passed away because of this terrible disease, were diagnosed after working under unsafe conditions over which they had no control. Workers exposed to harmful asbestos for years on the job in construction, in the military, in shipyards, and in other industrial settings, without understanding or being aware of the risks, are now paying the price.
Decades after inhaling or ingesting asbestos dust and fibers on the job, some of these workers were diagnosed with mesothelioma. Many of them are now fighting for settlements to get fair compensation for the high costs of living with this devastating disease. The average mesothelioma settlement amount is around $1 million to $1.5 million, but the exact amount any victim can get depends on individual factors.
Asbestos and Mesothelioma Victims
Asbestos was used in many industries and as a component a wide range of different materials for several decades. Until the mid-1970s, when regulations were put in place to limit its use and to require safer work environments, asbestos was heavily used in construction, shipbuilding, manufacturing, and other industries. Workers were most often not aware they were exposed or of the risks of working with asbestos.
Asbestos is known to be a human carcinogen, a substance that can cause cancer. The most common type of cancer diagnosed as a result of asbestos exposure is pleural mesothelioma, although it is rare in the general population. Mesothelioma is deadly, aggressive, and difficult to diagnose and treat; most victims don’t know they have it until decades after they were exposed to it. This kind of cancer affects tissue around the lungs and causes symptoms like difficulty breathing, coughing, and chest pains.
Many people who develop mesothelioma are considered victims because they were exposed to asbestos either without being aware of it or without knowing that there were risks associated with handling the material. Even family members of people who worked around asbestos were put at risk. Workers brought fibers of asbestos home on their clothing and exposed family. In some cases residents of neighborhoods near facilities that used asbestos were also exposed.
Mesothelioma Settlements Explained
A settlement is a legal agreement between two opposing parties that typically awards monetary damages to the individual who first brought the lawsuit against a defendant. The process of getting a settlement begins with a mesothelioma victim turning to an experienced lawyer to begin a lawsuit against the responsible party, in these cases the companies that exposed the victim to asbestos.
Asbestos exposure lawsuits rarely go all the way to a court trial. Instead they are typically resolved in a settlement, agreed on by both sides. If the two sides cannot agree on a fair settlement amount to be awarded to the victim, the case may go to court. Here, each side will argue the case and either the judge or a jury can choose to award a settlement amount or to decide in favor of the defendant.
Working with a Mesothelioma Lawyer
If you or someone in your family needs financial assistance to cover the costs associated with mesothelioma or other asbestos-related illnesses, it is important to work with an expert mesothelioma lawyer. This professional should have experience working on asbestos cases and be expert in asbestos laws in the state in which you will be filing.
With the right lawyer or legal team on your side you have the best chance of reaching a fair settlement with the company negligent in your asbestos exposure. While your lawyer will do most of the work, it is your role to provide all the necessary information that will build a strong case. You will be asked to share your medical records, work history, and any military experience.
Types of Compensation
The defendant in a mesothelioma settlement case may be forced to pay compensatory damages, punitive damages, or both. Punitive damages refer to compensation that the defendant must pay as punishment for being negligent, and to demonstrate to other potential offenders, that putting people at risk of asbestos exposure is costly.
Compensatory damages depend on a victim’s actual expenses related to being sick, and may cover a variety of expenses. They include past medical bills and future expected medical bills, actual lost wages, predicted lost future wages, physical pain and suffering, and emotional trauma. For the loved one of someone who passed away from mesothelioma, the compensation may include amounts to cover lost income for dependents, emotional pain and suffering, and loss of companionship.
What Affects a Mesothelioma Settlement?
There are several factors that go into agreeing on a settlement amount:
– How liable the defendant is
– The severity of the plaintiff’s illness and resulting disability
– The degree to which asbestos exposure impacted the plaintiff’s life or the family
– The exact costs the plaintiff incurred as a result of being sick
– Emotional suffering of the plaintiff or family
– Whether or not the plaintiff smoked
– Individual state laws
– Loss of companionship or monetary support in wrongful death cases
Settling out of Court vs. Going to Trial
If you are filing a mesothelioma settlement claim, you will have to choose whether you want to take an amount offered during an out of court settlement agreement or to let your legal team take it to trial. The latter can be risky because you must abide by the decision of the court. Your lawyer can give you expert council to help you decide, but ultimately the choice is yours. Many mesothelioma patients choose to settle out of court because trials are lengthy and time is limited with this disease.
Examples of Mesothelioma Settlements
More mesothelioma and asbestos cases end in settlements than go to trial. While everyone’s case is different, and individual factors influence settlement results and amounts, it can help to see what other victims have been able to win in their settlements:
– In Libby, Montana in 2011, one the most well-known mesothelioma cases, the judge-awarded a $43-million settlement to a group of plaintiffs. The victims included thousands of miners and town residents exposed to asbestos through a nearby vermiculite mine.
– In another 2011 case, victim Nancy Lopez was awarded a $10 million settlement verdict, approved by a Missouri circuit court judge. According to court documents, Lopez worked at the Jackson County courthouse in St. Joseph, Missouri, a building filled with asbestos. She died in 2010 from malignant mesothelioma. Lopez was part of a class action mesothelioma lawsuit brought about by numerous Jackson courthouse employees who were also exposed to asbestos. The total mesothelioma settlement for the class action suit was $80 million.
– The wife of a former steel worker in Illinois received a $250-million settlement in 2005. U.S. Steel, the company her husband worked for, was ordered to pay the amount. The former employee, 70-year-old Roby Whittington, was diagnosed with pleural mesothelioma in 2001, after of decades of asbestos exposure on the job. It’s one of the largest mesothelioma settlement awards given out for a single plaintiff.
A legal settlement is an important way that victims of asbestos exposure get needed compensation. They also get the satisfaction of the negligent company recognizing the harm it caused. Most people who develop mesothelioma were exposed to asbestos without being warned of the risks or the presence of the material. They were truly victims and are therefore owed compensation. If you have been diagnosed with mesothelioma, find the right lawyer who can help you win a settlement to help cover your costs and compensate you for being ill.
Are Mesothelioma Lawsuit Settlements Taxable?
Are Mesothelioma Lawsuit Settlements Taxable?
Mesothelioma Explained prides itself in advocating for mesothelioma patients and their families. You should know that you are not alone in your fight against mesothelioma cancer.
People who file for a mesothelioma lawsuit settlement with a chance for a significant payout are interested to know if the claim will be taxable. Given the fact that more taxes are paid for a more substantial sum of money, they are concerned about the potential significant amount that may be taken out of this settlement. Fortunately, the majority of these settlements are tax-free, to a certain degree.
Taxation is complicated, and knowledge about what to do and what not to pay tax on can be the most complicated. Several factors can tell if the victims will have to pay tax on the money they are awarded during a settlement. Severe physical injuries, such as herniated discs and broken bones may qualify under the personal injury statute. On the other hand, less severe injuries, such as cuts, bruises, and muscle strains may also be eligible. Based on the IRS training manual for lawsuits and settlements, people who suffer only emotional can exclude from income the expenses related to the emotional injury.
When a person is awarded damages for acquiring an injury during their work, which resulted in wrongful termination, he will not have to pay tax on the losses but for the wrongful termination. Also, there are two requirements needed to make the financial award at settlement to be tax-free. First, the award has something to be with any form of physical injury, in which illnesses are categorized as bodily injury. The absence of this means that the award will be taxed. Secondly, when at the heart of the damage a wrongful act has been done or failed to do, and that the action is directly responsible for the injury which means that when the victim acquired an injury during a dispute, the award will be taxed. However, if someone else pushed the victim over while in the course of an argument; the award will be free from tax.
Nevertheless, the majority of the people in a mesothelioma lawsuit are awarded punitive damages. The punitive damages are given apart from the actual damages certain situations. Punitive damages are punishment and also an award when the behavior of the defendant has been found to be extremely harmful, yet not usually awarded in the context of the breach of contract dispute.
Punitive damages are always taxable. It’s because punitive damage does not offer compensation for money that the victims have lost or by having to use it or not having the ability to earn it. They are categorized as above and beyond whatever claim would help the victim return to the normal state of life.
There is also the emotional distress that mesothelioma victims are also awarded for. By definition, it’s not a physical injury which means that no matter how distressed they become which leads to becoming ill, the award for this will be taxable. However, if it has a definite relation to a physical injury, then it becomes free from tax.
Get Help from The Best
For people who are facing health issues due to asbestos exposure, they should contact the top mesothelioma attorneys. As experts in this field, they can help the victims through the legal options from a compensation standpoint.
Heroine 