Securing mesothelioma settlements and verdicts is the main way that asbestos victims and their families recover financial compensation for the losses they have endured and hold the at-fault parties accountable. At Belluck & Fox, our top-rated mesothelioma lawyers can explain the settlement process and what to expect in a lawsuit. Our team can also identify other compensation options a family may be able to pursue. Settlements can often be obtained within 30 days.
Our Top-Rated Asbestos Lawyers Deliver Maximum Verdicts and Settlements
Table of Contents
- 1 Our Top-Rated Asbestos Lawyers Deliver Maximum Verdicts and Settlements
- 2 What Are Settlements?
- 3 Mesothelioma Settlements vs. Verdicts
- 4 Should You Seek a Verdict or Accept a Settlement?
- 5 What Factors Affect Settlement Amounts?
- 6 What Is the Process for Negotiating a Mesothelioma Settlement?
- 7 Additional Types of Mesothelioma Compensation
- 8 Statutes of Limitations for Asbestos Lawsuits
Belluck & Fox is nationally recognized as a leading law firm in complex mesothelioma litigation. With more than 25 years of experience, our trusted legal team has negotiated prominent mesothelioma settlements and won record verdicts for asbestos victims and their families.
Some of the top verdicts and settlements that our firm has secured for deserving clients include:
- $32 million for a Navy veteran who became ill after being exposed to asbestos on ships
- $22 million for a construction worker who was diagnosed after being exposed to asbestos at work
- $19.5 million for a worker who was diagnosed after being exposed to asbestos while working on a high-rise building
If you or a family member has been diagnosed with mesothelioma, please contact our knowledgeable lawyers today to learn about your options for compensation. You may be entitled to recover money for medical bills, lost income, future expenses, pain and suffering, and other losses.
What Are Settlements?
For many years, asbestos companies knew the dangers of their products but failed to warn workers. Now, these companies are being held accountable as former workers are diagnosed with asbestos diseases such as mesothelioma, lung cancer and asbestosis.
When a mesothelioma patient or a family files a claim for compensation, the asbestos companies involved will evaluate the evidence against them and decide whether to negotiate a settlement in order to avoid the risk of fighting the case in court. A majority of mesothelioma cases are resolved with a settlement.
Our skilled attorneys can help you negotiate full and fair mesothelioma settlement amounts. However, the decision is always up to you on whether to accept a settlement or move forward to a verdict.
Mesothelioma Settlements vs. Verdicts
Many mesothelioma claims involve several settlements from various asbestos companies. These settlements will all account for the victim’s past and future medical expenses, lost wages, pain and suffering, and other losses. Both sides must reach an agreement on the payment amount in order to resolve the legal dispute. Then, a court order may be used to enforce the settlement.
In certain cases, the defendants will delay until the last minute, right before a verdict is read, to extend an acceptable settlement offer. However, in most cases, our dedicated mesothelioma lawyers can negotiate immediate settlements from some of the companies responsible to help patients and families with pressing financial burdens.
In some cases, we will encourage clients to press on with an asbestos lawsuit all the way to a verdict, which will determine whether a defendant is responsible for the asbestos exposure and the plaintiff’s disease. When a jury finds a defendant liable, it will award the plaintiff an amount that the jury feels is appropriate to compensate for all the damages suffered.
As our team works with you through this process, we will explain what to expect and evaluate all settlement offers you receive. Ultimately, our attorneys want to help you make the best possible decision for you and your family’s future.
Should You Seek a Verdict or Accept a Settlement?
We understand how stressful it can be to decide whether to accept a settlement or move forward with a lawsuit and jury verdict. But you should know that we will explain all the risks and rewards associated with going to trial vs. settling so you can make an informed choice.
Benefits of Settling
There are some upsides to taking a settlement ─ assuming you and your family agree that the amount you receive fully accounts for your losses. The main benefits of a settlement include:
- Guaranteed payment: When you accept a settlement, you are guaranteed that money. Whereas if you decide to go to trial, there is a risk as to whether the jury will side with you.
- Quicker resolution: Going through a full trial takes time and can delay your compensation. However, you will probably need to file a lawsuit and start the process in order to pressure the liable parties into offering a fair settlement.
- Privacy: What happens at trial is public, but you can keep the details of your settlement private, if that is important to you and your family.
Should You Take Your Mesothelioma Case to Trial?
Our experienced attorneys will work with you to assess the strength of your claim, and we will make sure you understand what to expect in the trial process. You may decide that you want a chance to tell your story to a jury, or you may just want to resolve the case as soon as possible and move forward with your life. The decision is completely up to you
If you or a relative has been diagnosed with mesothelioma, please contact the compassionate mesothelioma attorneys at Belluck & Fox today. We can explain your options for filing a claim for compensation and help you decide the best path forward for you and your family.
What Factors Affect Settlement Amounts?
Every mesothelioma claim our firm handles is different, and many factors come into play when determining what a full and fair settlement should be for your claim. Some of the common factors our attorneys will consider include:
Medical bills, lost income and other expenses. The tragic fact is that mesothelioma patients and families may face hundreds of thousands of dollars in medical expenses. In addition, patients and caregivers miss time from work and struggle to cover other expenses related to their disease and treatment. Our dedicated mesothelioma lawyers will document all of these expenses, including anticipated future losses, that should be included as part of your settlement.
Non-economic damages. In addition to economic damages, which are those that can be clearly accounted for, patients and families often face intangible losses like physical and emotional pain and suffering. It may seem impossible to tie a monetary amount to these kinds of losses, but our attorneys can explain the best way to account for these damages when negotiating a fair settlement.
Evidence that proves negligence. Our team will conduct a detailed investigation to collect solid evidence showing that the responsible asbestos companies knew of the dangers of their products but did not warn the public. Defendants will evaluate the evidence we have against them and determine whether a settlement is better than the financial risk of losing at trial.
Number of defendants involved. Because many asbestos cases involve multiple companies that should be held accountable for the victim’s disease, our attorneys will usually be working on multiple fronts to negotiate individual settlements. Many companies will opt to settle rather than go to trial.
State where claim is filed. Every state has different requirements for proving that a defendant is liable. Our experienced lawyers have a detailed understanding of the laws across the United States.
Having a well recognized and highly respected asbestos trial lawyer. Our nationally recognized trial law firm is focused on complex asbestos litigation, and asbestos companies know this. Defendants recognize the risk of going up against our skilled lawyers, so they negotiate accordingly.
What Is the Process for Negotiating a Mesothelioma Settlement?
The mesothelioma settlement process takes less time than pursuing a case through to a jury verdict, but it does begin in the same way. At Belluck & Fox, our seasoned attorneys always prepare a case as if it is going to trial so the defendants can see how strong our case would be before a jury.
The process for negotiating a mesothelioma settlement usually involves:
An initial consultation with a top-rated mesothelioma lawyer from our firm. We will provide this consultation free of charge, with no obligation to you.
A detailed investigation to gather all the evidence. We will collect information about your diagnosis, treatment plan, work history, service history, and anything you remember about past asbestos exposure.
Filing a complaint. This will start the lawsuit. The complaint will identify the company(s) that should be held liable for your asbestos disease.
The discovery process. During discovery, each side will exchange information about the evidence that backs up their arguments. This is the time when the defendants will assess how strong our case is.
Settlement discussions. With the evidence against them laid out, asbestos companies will usually start settlement negotiations. Our attorneys will be aggressive in pushing for a full and fair settlement, and these negotiations may continue even as the trial moves forward.
Additional Types of Mesothelioma Compensation
Mesothelioma settlements and verdicts are not the only way patients and families can obtain compensation after a diagnosis. You may be able to recover additional financial compensation through:
Asbestos bankruptcy trust funds. Even when asbestos companies file for bankruptcy or go out of business, you can still secure compensation by pursuing a claim through the former company’s asbestos trust fund. The money in these trust funds has already been set aside for future asbestos victims and families. Although receiving payment from a trust fund is not the same process as recovering compensation through a mesothelioma lawsuit, it is not simple. Our seasoned mesothelioma lawyers can determine which trust(s) may be responsible for compensating you.
Veterans’ benefits. Veterans who were exposed to asbestos while serving in the military can receive VA benefits after a mesothelioma diagnosis. Our mesothelioma law firm will handle your VA benefits claim for free while we are negotiating your asbestos settlements.
Social Security Disability benefits. If you or your loved one was diagnosed with mesothelioma or another asbestos disease before retirement age, you may be entitled to Social Security Disability Insurance (SSDI) benefits.
Workers’ compensation benefits. Mesothelioma is an occupational illness, so you may be entitled to workers’ compensation benefits after a diagnosis. Our legal team will review your options for filing for workers’ comp.
At Belluck & Fox, we take a full-service approach to helping mesothelioma patients and their families. We explore all possible sources of compensation and manage all types of claims for our clients.
Statutes of Limitations for Asbestos Lawsuits
Mesothelioma has a long latency period, developing 15 to 60 years after a person was exposed to asbestos. However, even if you were exposed years ago, the statute of limitations (or time limit) for filing a claim for compensation is measured from the time you are diagnosed with a disease.
Each state has its own statute of limitations regarding how long asbestos victims have to file a mesothelioma lawsuit. In addition, family members who lose loved ones to mesothelioma also face a time limit for filing a wrongful death lawsuit. In New York, patients typically have three years from the date of diagnosis to file a personal injury claim, and families have two years from the date of death to file a wrongful death claim. However, under certain circumstances, that window may be as short as 90 days.
It is crucial that you speak with a knowledgeable mesothelioma lawyer as soon as possible after a mesothelioma diagnosis to ensure you and your family does not miss the deadline for filing a claim for compensation.
How Long Will a Mesothelioma Claim Take?
At Belluck & Fox, we work quickly and efficiently to resolve mesothelioma claims in a reasonable amount of time. Some settlements can often be reached within 30 days. Because our team has been working in the asbestos litigation field for decades, we know the system and have already done much of the research and legwork to build the foundation of your case.
In addition, our skilled mesothelioma attorneys at Belluck & Fox will request that the court expedite the handling of your claim due to the life-threatening nature of the disease. Our knowledgeable asbestos attorneys will fight to resolve your case within one year.