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How do I get a Mesothelioma Settlement?

Article Details
  • Written By: Emma Lloyd
  • Edited By: Bronwyn Harris
  • Last Modified Date: 25 November 2016
  • Copyright Protected:
    2003-2016
    Conjecture Corporation
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Asbestos use was widespread in many Western countries throughout much of the twentieth century. As a result, hundreds of thousands of people in America, and many more around the world, have suffered from asbestos-related diseases as a result of asbestos exposure. People who develop such a disease as a result of asbestos exposure may choose to pursue an asbestosis or mesothelioma settlement to obtain compensation.To win such a settlement, a plaintiff must generally prove that one or more defendants are responsible for the development of an asbestos-related disease.

Asbestosis and mesothelioma are specifically caused by exposure to asbestos. Mesothelioma is a lethal cancer which usually develops in the lungs and spreads quickly from its point of origin. This type of cancer is very difficult to treat, and is almost always fatal. In contrast, asbestosis is a chronic respiratory disease which can significantly impair lung function, but is not immediately fatal. Because both of these diseases are caused only by asbestos exposure, a high percentage of people who develop one or both can successfully pursue an asbestosis or mesothelioma settlement.

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The first step in seeking a mesothelioma settlement is to locate an attorney who can provide help and advice. Locating a lawyer is not difficult, as there are many attorneys who specialize in these types of lawsuits. As with any other legal matter, it is of course important to work with an asbestosis or mesothelioma attorney who is experienced and has a good success rate with their cases. It’s also important for someone hiring an attorney to choose someone that he or she feels comfortable working with.

After an attorney has been chosen, the next step is building a case for pursuing an asbestosis or mesothelioma settlement. Many different factors are involved in building a case. Often the details of the case depend on when and where asbestos exposure occurred, and whether the plaintiff was exposed at work or in another location. To successfully make a mesothelioma claim, for example, a plaintiff who was exposed to asbestos at work may be required to prove that their disease was caused by their employer’s negligence.

Many people who make an asbestosis or mesothelioma claim discover that they have two options when they are trying to pursue compensation. The first option is going to trial, which means the plaintiff and named defendants will have to attend court sessions, where the outcome of the case will be determined by a judge or jury. The second option is an asbestosis or mesothelioma settlement. This option means that the case is settled out of court, typically with the defendant agreeing to pay the plaintiff an agreed-upon amount of money in compensation. An attorney will provide legal advice to help the plaintiff decide which option is most appropriate and most beneficial, as this varies from case to case.

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