Monetary compensation is the usual goal of mesothelioma lawsuits. The victims or complainants hope the aggrieving party would provide financial support to cover for their huge medical bills, any loss of income, and funds needed by their beneficiaries or survivors. Mesothelioma compensation could be small or huge, depending on the case. It could be difficult (or impossible) to predict the amount of monetary damage that may be granted to a plaintiff. However, an experienced and competent mesothelioma lawyer could always provide guidance to determine if the case is viable or if any compensation could be awarded.
Upon filing of the lawsuit, the defendant (through his/her/its lawyer) could either deny guilt of offer monetary settlement outright to prevent any trial. The lawyers of both parties would discuss any settlement, if it is preferred by both parties, particularly the defendant. The plaintiff's attorney would thoroughly review the offer for settlement so it could be determined if it is in the best interest of the client. If you have filed for a complaint, your attorney would discuss with you the acceptability of the offer. If you agree to accept the mesothelioma compensation out of court, you would sign legal documents, which indicate your agreement to close the case and never to file for the same lawsuit again.
If you disagree with the settlement offer, then, the lawsuit would proceed to trial. For class suits, some defendants may opt to accept the settlement. The case could be pursued by those who are left, determined to pursue the case and go to trial.
The trial would be ended by a ruling that affirms the guilt or innocence of the defendant. Mesothelioma compensation would be granted to complainants if the defendant is declared guilty by the court. The amount would depend on the case filed and other significant factors like lost income and medical bills. After determination of compensation amount, the defendant is given time to either appeal the ruling or accept it.
Any appeal of the ruling could stall payment of mesothelioma compensation to the plaintiff. The defendant would be required to post a bond that is equivalent to the amount awarded by the court. The process of appeals could be long and tedious. Once the appellate court accepts the appeal and reverses the initial verdict, the defendant would not be required to pay any amount but the case would be closed.
Problems regarding mesothelioma compensation could get more complicated if the defendant has declared bankruptcy, which could be due to numerous mesothelioma lawsuits fought in court. If the defendant's asset is smaller than the liabilities due to legal cases, mesothelioma compensation funds (or trust funds) could be established. It could take longer to get any amount from such funds. Other problems could arise. This is why it is very important for you to be represented by a reliable and trustworthy mesothelioma attorney.
Mesothelioma compensation could also be sought by World War II veterans who had incurred the lung disease due to exposure to asbestos during the war period. The lawyer could assist such victims in filing claims with the necessary agency (the Veterans Administration).
Seomul Evans is a senior copywriter for Asbestos daily writing about Mesothelioma Attorneys.