Settlements for Mesothelioma Patients
Once you file an asbestos personal injury lawsuit, there are two ways
to receive compensation for your injuries. If your case goes to trial,
you may receive a favorable jury verdict awarding you compensation for
your injuries. But in many instances, asbestos lawsuits settle out of
court.
Settlements occur when common ground is found on the amount a
defendant is willing to pay and the amount a plaintiff is willing to
accept for pleural mesothelioma or other asbestos injuries. Since there
is no guarantee on how a trial will end, parties often reach settlement
agreements to avoid prolonged litigation and the uncertainty of trial.
But just as there are no guarantees at trial, there are no guarantees that your case will settle. It is best to consult experienced pleural mesothelioma lawyers about your options during the case process, including options for settlement.
Determining When to Settle
Pleural mesothelioma lawsuits
are usually filed against multiple defendants who allegedly contributed
to the injury. Defendants are not always held equally liable, and
states have different rules regarding how liability is divided among
defendants. Because a case's outcome may be different for each
defendant, the chances of settling also vary for each defendant.
Parties can reach settlements any time after the complaint is filed.
In some instances, it is possible to reach a settlement with one or more
defendants early in the case process before many papers are filed or
much discovery has taken place. This may be especially true for
defendants who aren't facing many lawsuits, don't have much litigation
experience, or are especially concerned about avoiding substantial
litigation costs. They may be inclined to pay some portion of the claims
to end the litigation. Plaintiffs may have incentives to accept offers
from these defendants so they can have more resources to focus on the
remaining defendants during discovery and trial.
Legal Information
Get information about your legal options and find out if you qualify for financial assistance.
Some cases settle during discovery, as more evidence comes to light
and the strength of each party's case becomes clearer. Others settle on
the eve of trial or during trial for the same reason.
Sometimes parties reach settlements after a jury has ordered a
substantial award. In some cases, a plaintiff may accept a settlement
that's lower than a jury award in order to ensure receiving some payment
soon. In exchange, the defendant may agree to waive its right to appeal
an award and thus delay payment.
Landmark Cases
Borel v. Fibreboard is a U.S. landmark asbestos case that has
provided precedents for thousands of asbestos claims. It began in 1936
when Clarence Borel, a husband and father of six, started working in the
shipyards and oil refineries along the Texas-Louisiana border. He was
unaware that shipyards would soon become a leading cause of occupational
asbestos exposure.
Diagnosis and First Settlement
In 1969, doctors diagnosed Borel with advanced asbestosis. That
spring, he filed for a workers’ compensation claim for injuries caused
on the job. He eventually settled for a little more than $13,000, but
that was not enough to cover all of his medical expenses.
It was then that Borel asked Ward Stephenson, a Texas attorney, to
sue the eleven asbestos manufacturers that knowingly exposed him to
asbestos for $1 million in damages. A verdict of more than $79,400 was
made in favor of Borel, but he died of mesothelioma in 1970 before his
trial came to a close. All monetary damages were awarded to his wife.
Recognizing Manufacturer's Responsibility
Borel v. Fibreboard became known as the first case to recognize a
manufacturer’s responsibility of warning and protecting their workers
against the hazardous effects of asbestos exposure.
Since then, there have been many promising mesothelioma verdicts. A
jury in Madison County, Illinois in 2003 ordered manufacturer U.S. Steel
to pay Roby Whittington $250 million. He is a former employee who was
diagnosed with mesothelioma.
In 2012, a California jury awarded former construction worker Bobbie
Izell $48 million in a lawsuit against Union Carbide. Izell was exposed
to asbestos on various construction sites in the 1960s and 1970s. In
2011, he was diagnosed with mesothelioma.
Factors Affecting Settlement
There are many factors influencing the decision to settle. This is
true for both sides of a lawsuit. But these reasons can usually be
traced to a common concern: Is there some economic incentive to settling
a lawsuit?
Pleural mesothelioma
and other asbestos-related diseases are very aggressive. Their
physical, emotional and financial tolls mount quickly. So although
plaintiffs may want all of their losses compensated, it may be in their
best financial interests to obtain some portion sooner rather than take a
chance at receiving more compensation later.
Defendants want to limit their liability for asbestos claims.
Sometimes the best way to do that is by agreeing to settle a case.
Whether or not the defendant is engaged in multiple asbestos lawsuits
will affect the decision. On one hand, settling a case may be a good
strategy for avoiding a trial verdict that could encourage further
lawsuits and litigation costs. Defendants usually settle without
admitting any liability, so settlements can't be used as admissions of
liability in other cases. On the other hand, agreeing to a substantial
settlement could encourage further lawsuits or affect the settlement
amount which other plaintiffs are willing to accept for the claims.
Another factor affecting settlement is whether or not insurance coverage is available to pay asbestos claims.
This is particularly true with larger corporate asbestos defendants who
usually have insurance policies that help them pay litigation claims
and expenses. Their insurers are usually actively involved in litigation
and have considerable input into whether and when the corporations
agree to settle. The amount of insurance coverage available also affects
the amount of settlement.
What Settlement Means for Plaintiffs
Plaintiffs usually have to do more than just deposit payments under
settlement agreements. Before agreeing to settlements, plaintiffs should
understand that they will likely be responsible for doing certain
things under the terms of the agreement. For instance:
- They must usually agree to drop their lawsuits and waive any future claims against the settling defendant as a condition for settlement. Defendants have little incentive to settle if there's a chance a plaintiff could sue them again.
- In addition, plaintiffs must usually accept the settling defendant's unwillingness to admit liability. The defendant usually includes language in the settlement agreement that specifically denies responsibility for a plaintiff's injuries.
- Finally, plaintiffs usually can't talk about settlement agreement terms. In particular, they must usually agree to keep the amount of the settlement a secret. For this reason, pleural mesothelioma settlements are usually reported as settling for an undisclosed amount.
It's wise to consult a qualified pleural mesothelioma attorney before
agreeing to settle an asbestos personal injury claim. An even wiser
decision would be hiring an experienced pleural mesothelioma attorney to
explain your legal options, file your claim, and potentially negotiate a
settlement on your behalf.
