Individuals diagnosed with mesothelioma from asbestos exposure are entitled to compensation after diagnosis of this incurable disease. It may take decades to realize the extent of damage to your body, and treatment will be an ongoing, lifelong process. Unfortunately, the odds of developing mesothelioma do not go down after your exposure to asbestos ends.
Gathering information to establish a claim can be challenging, but determining a compensation amount for your injuries is critical. Speaking with a knowledgeable mesothelioma lawyer in South Carolina soon after your initial diagnosis can help you begin the compensation process. You can expect compassionate service with driven outcomes when you speak with a lawyer at Shelly Leeke Law Firm.
Compensation Amounts in Mesothelioma Claims
Compensation for your claim is determined by examining factors that can prove your exposure to asbestos leading to the development of mesothelioma. Your attorney may look at the evidence in your case and determine if there is support for your claim to go to court. It is more likely that the company will settle your claim out of court to prevent lengthy battles.
On average, lawsuit settlements fall between $1 million and $1.4 million. If your attorney feels your case warrants a trial, a verdict may average $2.4 million in damages. However, these amounts can vary greatly, with claims procedures defined by the law.
Compensation from Trust Fund Claims
Larger companies, realizing their responsibility and likeliness of accountability to employees, often filed for bankruptcy, creating a trust that provides the funds for compensation. Attorneys representing the interests of the companies have established amounts companies are willing to offer to settle the claims from trust funds.
Over time these funds have paid out billions of dollars in claims, so some funds are beginning to be depleted. A percentage of each claim request is paid to meet the growing number of individuals requesting funds. A rise and fall in the market over the years can also change the amount of funds paid out.
A trust will base its ability to pay on several factors. A few are listed.
- Possible number of victims that may request a payout
- Actual Diagnosis
- The victim’s disease severity and current well-being
- Length of exposure
- The number of products you may have been exposed to
Average Trust Fund Compensation Amounts
The average compensation for trust fund compensation falls around $41,000 after percentages have been deducted. The average range for compensation amounts varies from $7,000 to just over $1 million. Knowing the averages, some compensation has been less, while other trust fund claims have been settled at higher amounts.
Factors Determining Compensation
Recalling the details of your daily environmental exposures after decades have passed is challenging. A person’s exposure history to asbestos must be considered when determining compensation in mesothelioma claims.
Your work history will be examined to determine if your occupation was the source of exposure. Even your gender and age are factors as more males worked in industries affected by exposure to asbestos. Most of its substantial use in the US ended decades ago, but age can determine if you were a part of the workforce before the recognition of the dangers of asbestos introduced millions of workers to health threats and diseases.
Databases compiling information on products containing asbestos are valuable resources used to make the connections between workplace risks and the worker. Accessing employment records and reaching out to eyewitnesses can further help an experienced South Carolina mesothelioma attorney conclude if you were exposed at work, document your illness, and produce quality documentation to strengthen your claim and ensure your satisfaction with the outcome.
Applying for Compensation
First, it must be determined that you qualify for compensation. When you work with the Shelly Leeke Law Firm, your compensation is a priority because we understand that any injury or illness, especially a mesothelioma diagnosis, changes your life forever. Never underestimate the ability of a determined team willing to fight for you.
The Process of Filing a Lawsuit
After you have spoken with an attorney, if the course of action agreed upon is a lawsuit, a South Carolina mesothelioma lawyer will begin to document evidence for your case, and litigation will begin. Your attorney will file a claim, and the defendant, the responsible company or manufacturer, will be served and required to file an answer to the courts within a specified amount of time.
The discovery process permits all parties to request information regarding the claim. The attorneys representing each party will be able to respond to the discovery process. Many lawsuits will be settled through a process known as mediation, which often benefits both parties.
However, if a settlement cannot be reached, your claim will go to trial and be determined by a judge or jury.
Trust Fund Claims Process
To qualify, each person must meet the criteria established by the mesothelioma trust fund. Once it has been determined you meet the requirements, you can work with a mesothelioma attorney in South Carolina from Shelly Leeke Law Firm to begin compiling the evidence for your claim. Then your claim will be submitted.
Your claim will either go through an expedited review or an individual review. Expedited reviews go through grouped claims, with all cases being similar and settled with a set payment amount. An individual review looks at your claim specifically, which can take longer and result in a lower or higher payment amount than reviews that have been expedited.
Your attorney can help you understand the best review process for your claim.
Trusted Guidance in Mesothelioma Compensation
A respected attorney will be honest, informing you that there is never a guarantee on an amount in lawsuits and settlements or that you qualify for trust funds benefits. Every claim has its unique qualities and circumstances that determine your compensation. But average compensation amounts are calculated from the millions of cases settled for mesothelioma victims over the years.
Time limits determine how long you have before your options run out. Never let the overwhelming circumstances deter you from reaching out for help when it is available. When you speak with an attorney at Shelly Leeke Law Firm, you will find a team that is willing to help you succeed in receiving the maximum compensation available for you. Call to schedule a consultation today.
