Mesothelioma Medical and Legal Basics – What is the average mesothelioma settlement worth?
Mesothelioma is a cancer of the peritoneum, the layer of protective
tissue surrounding the abdominal cavity. Mesothelioma is usually caused
by asbestos, whose fibers attach themselves to internal organs when
inhaled or ingested. Where most asbestos fibers are straight flakes, the
fibers in chrysotile asbestos have a spiral configuration that makes
them lodge into organs and cause long-term inflammation that eventually
becomes cancerous.
Symptoms of peritoneal mesothelioma include vomiting, nausea, appetite
loss, clotting of the legs, anemia, fever, bowel obstruction and
abdominal swelling-which is usually the first symptom that gets noticed.
The swelling is caused by a buildup of fluid in the abdominal cavity,
which happens concurrently with the formation of mesothelioma tumors in
the same region. If the tumor cells metastasize, the malignant
peritoneal mesothelioma often spreads throughout the abdomen up through
the respiratory system, resulting in mesothelioma lung cancer, and
putting pressure on the throat, making it difficult to swallow.
The condition is difficult to diagnose initially, in part due to the
symptoms having so much in common with other gastrointestinal problems,
but mainly due to the long latency period of disease. It can take
anywhere from 20 to 50 years between the patient’s first exposure to
asbestos and the first symptoms becoming evident.
Legal Issues
Since the 1970′s, mesothelioma litigation has skyrocketed, especially in
the US. This is due in large part to asbestos regulation finally
becoming a reality with the passage of the Clean Air Act in 1970, and
the first successful asbestos lawsuit against a company in 1973: Borel
v. Fibreboard Paper Products Corporation.
There are three main ways in which meso claims are handled. The first
option is an individual lawsuit, which often ends with an out of court
settlement. The Wall Street Journal reported that, according to the
lawyers they interviewed, that the average mesothelioma settlement was
$1,000,000; and that if the case went to trial, the average judgment was
$6,000,000. However, this average has been hard to confirm. A review of
settlements published online shows a range of settlement amounts
ranging from four-figure to seven-figure checks.
The second option is a class action, in which a suit is file for an
entire group (class) of plaintiffs. Many or most of the individuals
named as part of the class action aren’t aware of their involvement
until they’re notified by mail, at which point they have the option to
opt out of the suit. Opting out may be in their best interest, since
their award is potentially much lower than it could be for a claim made
in the future. Since mesothelioma takes decades for its effects to fully
take hold, the medical costs will likely be out of reach by the average
patient without being able to sue the responsible company for
compensation. Class action participants who win a settlement or judgment
today waive their right to sue the company in the future.
Finally, victims can receive compensation from a mesothelioma settlement
trust. Since asbestos has been out of production since 1975, most of
the companies responsible for their employees’ asbestos exposure have
claimed Chapter 11 bankruptcy. Companies that were sued and found liable
prior to filing for bankruptcy usually set up settlement trusts that
pay a portion of new claims that are brought to them. The attorney fills
out a claim form for the client and submits it to the trustee.
Settlement trusts typically pay 5-15% of the claim amount. One of the
benefits of going through a trust is that it’s a fairly straightforward
process: there are no judges, defense attorneys or medical experts to
deal with.
If you’re thinking about hiring a mesothelioma lawyer yourself, make
sure that the retainer agreement doesn’t allow the lawyer to make a
settlement without your permission, and make sure that you hire a
specialist. Medical lawsuits are especially complex, and you’ll need an
attorney with experience in handling a mesothelioma settlement.
mesothelioma treatment
Wednesday, July 10, 2013
Average Mesothelioma Settlement
mesothelioma settlement .
Mesothelioma Medical and Legal Basics – What is the average mesothelioma settlement worth?
Mesothelioma is a cancer of the peritoneum,
mesothelioma settlement process
Exact mesothelioma settlement figures are usually considered private and claimants are often bound by a confidentially agreement,
mesothelioma settlement Part1
You can read mesothelioma settlement, from here below,Settlement amounts are often tied to the cost of medical expenses, lost
wages, physical and mental distress and bills that accumulate from
moving forward with an asbestos-related illness.
Thursday, February 16, 2012
Mesothelioma Compensation
There are a number of ways that a patient diagnoses with mesothelioma can seek compensation, starting with the employer that exposed them to asbestos in the first place. Read More
Wednesday, February 15, 2012
Mesothelioma Settlements
Even if you file a mesothelioma lawsuit and the case starts moving along, odds are it will end the way most of them do Read More
Mesothelioma Claims Procedures
Filing a mesothelioma claim can help you obtain money to cover pain and suffering, medical expenses and Read More
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