What is entailed in Settling an Asbestos Case?

The majority of personal injury cases are settled before they go to trial. However, asbestos cases have special settlement-related questions that they pose. This article and subsequent ones will discuss issues relating to the settling asbestos lawsuit.

Many people who are considering filing an asbestos claim often have questions with regards to the outcome. Such questions include matters relating to the chances of receiving a settlement, going to trial, winning or losing the case. While an out-of-court settlement may seem ideal, there are number of aspects that must be taken into consideration.

A settlement is ‘an agreement that puts an end to a dispute and results in the voluntary dismissal of any related litigation action’. Such agreements are often private with regards to the exact terms surrounding the settlement. Put simply, a settlement is an agreement made between the injured person and the person responsible for causing the injury. The plaintiff agrees to accept some amount of compensation in exchange for releasing the defendant of any future related liability.

Losses Included in Settling

Personal injury settlements include compensation for the following losses:

• Pain and suffering
• Lost wages and future income
• Medical bills
• Other expenses as a result of the injury such as household assistance, nursing care, medication, etc.
• Loss of Consortium for a spouse

It must be noted that the amount settled upon depends on a number of factors. For example, the:

• Nature of the asbestos exposure
• Evidence available and provided
• Extent of the claimant’s illness

Asbestos cases are unique in many ways in comparison to other personal injury cases. For example, the number of potential defendants and also in that both asbestos exposure and injury are progressive. As a result, it is difficult for even an experienced litigator to say what settlement is likely to be received.

Contact the Vinson Law Office for more details on settling your case.