You may be worried about filing a claim because you think that you are going to end up in court. However, many cases will not go to court.
Those Getting Settlements
The settlements are going to those that have ended up with mesothelioma because they were exposed to asbestos. Settlements take place when both parties agree to a resolution and they do not go to court. It is always best to settle because you do not know what will happen in court and a surefire way to receive compensation.
Benefits of Settling
It is always best to settle because then you will know exactly what you are getting. This is not going to be as easy when you are with a judge.
You will be able to focus on your treatment when you make a settlement. You will not have to worry about going to court and taking a long time to finish a case.
Some trials are going to be open to the public. When you work out a settlement your information is going to be private and you will not have to let others know what is going on.
A settlement will be the agreement that was made between the patient or the family and the company that is at fault for the exposure. These are made to avoid going to trial. But, the case will progress like it might go to trial. There are a few things that will happen. These include discovery so that all parties know the evidence, depositions and even pretrial.
While this is taking place the attorney will try to get the company to offer a good settlement. It is going to take a lot of negotiating related to both parties. Most of the time, the claims are going to be settled out of court because of this.
How Much Are Settlements Worth?
There are a lot of claims filed each year and each one is different. There is no way to know just how much is going to be awarded. There was a report that was completed in 2005 by the Rand Corporation. It was found that compensation rose in the 1990’s. There was another studied that was published in 2007 and it found that most settlements are between $1 million and $1.4 million.
Each case is different so it can be hard to determine the settlement. What you also have to realize is that there are a number of factors that have to be considered.
Some of these factors include:
- Medical expenses
- Lost wages from not working
- Pain and suffering
- History of exposure
- How much debt has added up
Should I Take My Case to Trial?
If you are not able to agree to a settlement with the company then you might want to think about going to trial. There is a lot of evidence that the courts often side with the victim. That is why there are so many companies that will settle. It is worth trying to settle first. However, this is going to take a lot of time and energy. You should always work with a professional to determine what you should do.