In the past 20 years, extensive research has proven that asbestos exposure is directly linked to the development of mesothelioma. This has led to an increasing number of asbestos claims being filed in the court system. Over the years, the dollar amounts of jury awards as well as settlements have increased dramatically for mesothelioma claims. However in recent years, settlements related to asbestos have begun to change as the amount of litigation increases in this area of the law.
Who Is Entitled To an Asbestos Settlement?
There is great debate as to how much liability companies should assume when it comes to determining financial settlements in asbestos related cases. Mounting evidence suggests that many companies knew of the devastating effects of asbestos even before new government regulations came about which limited its use. Such victims deserve the right to seek reparation and liability.
Additionally, most asbestos settlements will not only compensate victims for medical expenses and loss of health and income, but also for the pain, suffering and physiological trauma they endure.
How is a Settlement Reached?
The first step is to contact a qualified, experienced mesothelioma lawyer. Choose a lawyer who is located within the state where exposure occurred as a local attorney will have a better understanding of the pertinent laws in that state, as well as maintain the proper licensing to practice law. In the case of Louisiana, some out of state attorneys and law firms cannot legally handle your mesothelioma claim and may refer it to a local attorney. The law firm of Landry, Swarr and Canella is located in New Orleans, Louisiana and negotiates mesothelioma settlements throughout the state of Louisiana.
Some of the factors which determine the amount of settlement include:
- Which companies may be responsible for the exposure: Sometimes this can be difficult as exposure may have occurred 20+ years in the past. However each victim must still do their best to recall the time and place where exposure to asbestos may have occurred. This information is critical in determining which companies or manufacturers may be at fault for the exposure at hand.
- Your personal damages: Oftentimes in personal injury cases, determining the appropriate amount of damages to seek can be quite difficult. In the case of an asbestos claim, families are often dealing with large medical bills and the inability to work. In addition, victims often suffer greatly and are entitled to compensation for pain and suffering.
Settlement vs. Jury Trial
Claims resulting from personal injury cases such as these will usually either settle before they go to court, or be settled in a trial before a judge and jury. Each scenario has its own unique pros and cons, and determining which is best for you requires careful consideration and planning with your attorney who knows your case and has your best interests in mind.
If you or a loved one is facing these difficult circumstances, we invite you to contact the experienced and highly qualified attorneys at Landry & Swarr today for a free consultation. We can help you understand your rights and obtain a fair asbestos settlement in Louisiana using our experience and knowledge.