Sunday, November 4, 2007
How Much Compensation Can Be Claimed In A Mesothelioma Case ?
How much compensation can be claimed during a mesothelioma legal suit?
Mesothelioma is caused due to exposure to asbestos. This gives a right to mesothelioma patients to sue all those who were responsible for their condition. Normally, the people who were held responsible for negligence are
- Asbestos factory owners
- Asbestos mine owners
- Asbestos-products manufacturers
- Insurance companies
There are some legal issues involved when the litigation process goes on which may affect the compensation that can be claimed. For instance, it has been scientifically proved that smokers had a higher chance of contracting mesothelioma. So, a smoker, who has ruined his health, may not be able to claim as much compensation as a non-smoker.
Choosing a mesothelioma lawyer
Normally, the compensation paid to mesothelioma patients is enormous. It attracts a lot of coverage in the press and media. This is because the people responsible were negligent towards your health. Also, they did not provide adequate safeguards to protect you in spite of knowing that exposure to asbestos is hazardous. Therefore, a mesothelioma patient has the right to claim a huge compensation to satisfy and compensate for the following losses:
- Loss of quality of life
- Loss of loved ones
- Pain and suffering
- Medical expenses
- And so on.
How to choose a mesothelioma lawyer?
Since a mesothelioma case involves a huge sum as compensation, the lawyer that you choose has to be an expert in his field. So, you have to choose him with care. Keep the following points in mind when choosing a mesothelioma lawyer:
1. Check his knowledge in handling the case. 2. See whether he has experience in mesothelioma cases. 3. Speak to his clients to check on his expertise. 4. Do not fall for him just because of his policy of "No win-No fees"' He may charge an exorbitant sum if you win the settlement. 5. Check whether you are happy and comfortable working with him.
Situation in America
In the next decade, the number of mesothelioma cases in America is expected to skyrocket. After this, it is expected that there will be a gradual decline. Because the government has undertaken the necessary safety precautions, the number of cases will also reduce. There have been certain situations of false blame also in mesothelioma cases or cases where the blame was made on the wrong person.
Situation in other countries:
The situation in the other countries that did not take adequate precautions is deplorable. If the culture of lodging cases on the negligent people becomes a norm in these countries, then thousands of cases are going to flood the courts. Though this is an ideal situation, there may be people who may take advantage of this situation.
So before taking up a mesothelioma case, check up whether you have chosen the right lawyer who will charge the correct fee structure. Also, decide on the right compensation that you feel will be due to you based on the following factors:
- The level of negligence of your employers
- The safeguards options provided to you
- The knowledge you had about the hazards
- Whether you are a smoker
- How much have others won in similar cases
- Medical expenditure.
Remember, the compensation will be an insurance for the future of the loved ones that you leave behind.
posted by Andrew at
9:25 AM
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