How Big are Mesothelioma Settlements?

Many people assume damages in a civil case are like fines in a criminal case. That is incorrect. Fines in criminal cases punish defendants. Damages in civil cases, on the other hand, compensate victims and deter future misconduct. This dual purpose often requires two kinds of damages.

Similarly, as outlined below, a nationwide mesothelioma lawyer needs two special skill sets to obtain maximum compensation in an asbestos exposure matter. Mesothelioma is an awful form of cancer, so families need all the financial resources they can muster. That is one reason mesothelioma damage awards are so high. Another reason is that many companies intentionally put profits before people. That attitude is simply intolerable.

These damages mostly compensate victims for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. In these cases, the asbestos exposure was not their fault. So, they should not pay money out of their own pocket for medical bills and other expenses. They also should not have to suffer in silence.

Additional punitive damages are available if the victim proves, by clear and convincing evidence, that the defendant intentionally disregarded a known risk. Only a very large amount of punitive damages grabs a large company’s attention and forces it to change the way it does business. A punitive damages cap may apply in some states.

Almost all asbestos exposure claims are settled out of court. A few settle almost immediately. But in most cases, the litigation process is long and often frustrating. When things get tough, many victims, and many attorneys as well, look for an easy way out. But only the runners that finish the race are eligible for the grand prize, which in this case is maximum compensation for your serious injuries.

When it comes to damages, the right lawyer makes all the difference in a civil claim. The best nationwide asbestos lawyer has a combination of:

• Litigation Skills: Experienced and dedicated lawyers are usually good litigators. Experienced lawyers know what to expect in asbestos claims and have successful track records. Dedicated lawyers focus exclusively, or nearly exclusively, on asbestos and similar claims.
• Negotiation Skills: A good negotiator knows when to stand firm and when to compromise. If a lawyer lacks these skills, the victim’s settlement may be unduly delayed, or the victim may settle for less.

Generally, asbestos exposure cases begin in court. Attorneys must file legal paperwork and defend claims against procedural motions. If a lawyer files the wrong kind of paperwork or loses a procedural motion fight, the judge could throw the case out of court.

A current medical diagnosis and a probable asbestos exposure window are usually the evidence cornerstones in an asbestos exposure case. If these cornerstones are shaky, forget about high damages. Such a weak case might not even make it past the pretrial motion phase.

The burden of proof is only a preponderance of the evidence, which is one of the lowest burdens of proof in the law. So, a little evidence goes a long way.

Additional evidence usually surfaces during discovery. At this time, both sides must place their cards face up on the table. So, if a case settles too quickly, the best evidence, and therefore maximum damages, may be unavailable.

Mesothelioma victims need and deserve significant compensation. For a free consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. Virtual, home, and hospital visits are available.