Proving You Have Been the Victim of Asbestos
Even in today’s technologically advanced society, there is still no way to discern the amount of damaged caused to a patient by a case of mesothelioma. Family members may also suffer greatly if a loved one suffers from this problem but because there is often no way to evaluate each family’s grievances, lawsuit settlements may vary quite a bit from case to case. Other factors that weigh in on the potential success of a mesothelioma law firm in such a case include state laws, legislations and amendments.
Outside of the visible damage that this rare form of cancer has caused a patient, settlement money is greatly dependent upon the geographical location in which the court case takes place. The state, regional and political environments are often essential to the outcome of such a case. Throughout much of the recent decades, these atmospheres greatly favored the patient in mesothelioma cases. But times have changed for some states because now politics surrounding the topic have changed, turning the tables a bit for some cancer patients. For example, the state of Georgia requires plaintiffs to provide as much evidence as possible to show that their troubles were in fact caused by exposure to asbestos. A Texas reform bill now makes neutral medical tests for asbestos-related medical issues compulsory.
The recent changes in legislature resulted from a number of cases during the mid-nineties in which both lawyers and patients were accused of exaggerating claims. That misuse of the law may now make it more difficult for parties to initiate a case, but someone genuinely suffering from the cancer will not have much trouble proving it to the court.
Generalizations and estimates cannot be made when it comes to settlement amounts. The number varies greatly from case to case because each depends on the specific evidence, merits and events involved. However, it is believed that settlements from these cases are often over one million dollars in southern US states. A plaintiff may walk away with thousands of dollars or an amount numbering in the millions. Thus far in our history, no average amount for a court settlement for patients of this disease has been established. Some mass settlements see people walk away with very few dollars individually. A court’s final ruling will depend almost entirely on the legitimacy of the accusations of a defendant’s negligence and the resulting damage done to the plaintiff. Additionally, the court system may refer to landmark or prior trial decisions and settlements in deciding the outcome of a new case. This means that the ruling will generally be similar to those which came before it.
If you have encountered this disease but cannot afford the costly medical treatments you must undergo, you may wish to hire a lawyer and sue. During your free consultation, a lawyer should be able to tell you whether you have enough evidence or warrant to move forward with your case. A lawyer will file a lawsuit on your behalf if he decides the case is one worth pursuing. It is worth noting that it is often the case that a compensation agreement is reached between the two parties even before the court hearing.
Author Bio: Stewart Wrighter is writing an article on mesothelioma. He spoke at length with an attorney regarding in a mesothelioma law firm.
Category: Legal
Keywords: mesothelioma,mesothelioma law firm