subject: Guidelines For An Asbestos Attorney [print this page] The idea of putting a monetary value on human suffering or loss of life is offensive to most of us. However many people, when faced with mesothelioma or any of the other asbestos-related diseases, seek compensation to cover medical expenses and to try to regain some of quality of life. This happens through a lawsuit against the plaintiffs employer. The compensation then either comes as an award for damages otherwise known as a mesothelioma settlement.
Once a mesothelioma lawsuit begins, there are many decisions. An experienced asbestos attorney follows certain guidelines to help the family members through this process. Following these guidelines is crucial to the outcome of the case.
At each step of the way, the attorney must advise the plaintiff of all options -- the biggest decision being whether to pursue the matter all the way through the trial or to accept a settlement. A mesothelioma attorney may advise their client to accept a settlement is if the plaintiffs case appears to be weak. This may be for certain legal reasons, or simply because the plaintiff hasnt won the sympathy of the judge or jury. For example, some victims who developed lung cancer and were proven to be chain smokers have gone to trial and lost.
A settlement takes place when the defendant and the plaintiff agree to settle the case out-of-court instead of completing the trial. In this situation, the defendant offers the plaintiff financial compensation in order to avoid or to end the trial process. The amount of the settlement is negotiated between the defendants legal team and the victims asbestos attorney.
- Avoiding the time and inconvenience of the trial
- Avoiding the possibility of losing the case and receiving no compensation at all
- Avoiding possible delays caused by appeals or other legal tactics employed by the defendant
Following the guidelines also means that if the defendants lawyers offer a high-priced settlement early in the process, it may be a sign that the plaintiff has a good chance of winning an even higher award of damages if they go to trial. If that happens, the victim may end up with much more money in return for enduring the trial. In such cases, the guidance of an experienced mesothelioma attorney is crucial to help the plaintiff receive the best outcome.
