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Mesothelioma Lawsuits -- Road To Justice For The Unfortunate Victims

Mesothelioma Lawsuits -- Road To Justice For The Unfortunate Victims

Mesothelioma Lawsuits -- Road To Justice For The Unfortunate Victims
By Fred Lindel

What are mesothelioma lawsuits and how do they arise?

Mesothelioma lawsuits are filed by the victims of mesothelioma to avail reparations for medical expenses, pain & suffering and loss of income associated with the growth of this disease. Mesothelioma is a kind of cancer, which is inflicted by exposure to asbestos most frequently used in industrial and residential places till the late seventies. The numbers of mesothelioma victims were on the rise as the employers continued using these hazardous materials despite knowing the harmful consequences of them. Thus the poor workers, who were ignorant of the potential health risks that they were about to confront, were the unfortunate victims.

In case the victim dies there is a provision that one of the family members or the executor of his estate can file the lawsuit. On the other hand a family member who has contracted the disease from the victim of mesothelioma can also file a lawsuit.

Thus, if an individual is victimized owing to the negligence of another person, he has absolute right to take legal actions in the court of law for compensation. An individual needs to first consult with an attorney who deals with asbestos litigation and on his discretion the victim can file the suit.

How long does the process take and what are the end results?

These lawsuits tend to be cumbersome and longwinded. It could also stretch to years even to reach any settlement. Again all lawsuits are not necessarily longwinded; some of them take lesser time. However, in some of the cases the victims receive negligible amount of money, most of which are used to meet the lawyer's and the court's expenses. Nevertheless victims of mesothelioma should exhibit their rights and fight for their compensation. Again, mesothelioma lawsuits are generally settled out of court before they are set for trail. This actually makes more sense because it curtails court expenses for both the parties.

What can you do if you are uncertain about exposure to asbestos?

If you don't know where and when you were exposed to asbestos, you should speak to your lawyer who will help you out. The lawyer may possibly hire a professional investigator who can make the necessary investigations so as to find out where the exposure had occurred and who are the ones that can be held responsible.

How much do you have to pay?

Factually, you need not pay unless and until you receive your compensation. It is only then that your lawyer shall take a percentage out of the compensation as his remuneration.

How much can you expect as compensation?

Well it depends on how creditable your case is. You will find that past settlements amounted to quite a ransom. But in the recent past with the subsequent increase in the number of mesothelioma lawsuits, there is a sleek chance to realize the entire amount.

The history of mesothelioma lawsuits

According to U.S mesothelioma history, the first ever mesothelioma lawsuit was filed in 1966 against the careless use of asbestos. But unfortunately the verdict went against the case. For the second time, another suit was put forward for a co-worker and this time the case was won. This gave impetus to all those helpless victims who craved for justice as innumerable mesothelioma lawsuits cropped up simultaneously.

Mesothelioma lawsuits also tells us that how ignorant people were initially about the causes and the aftereffects of the deadly disease. But now with the intervention of the law firms the victims of mesothelioma are provided with all-round assistance as regards lawful solutions to their righteous problems.

Article Source: http://EzineArticles.com/?expert=Fred_Lindel


Wrongful Death Settlements in Mesothelioma Cases

Wrongful Death Settlements in Mesothelioma Cases

Wrongful Death Settlements in Mesothelioma Cases
By Tony Ulrich

Nothing can replace the memories of your loved ones after their death. However, there are times when the death could have been avoided but occurred because of the negligence of someone else. We find typical examples in situations where a diagnosis of an asbestos induced cancer, such as mesothelioma or cancer of the lung, could have been avoided, if an employer had been taken care of his responsibilities. In cases such as these a wrongful death settlement may be awarded by a civil court. If you receive a settlement offer there are a few things to keep in mind when making your decision.

If you are offered a settlement for the wrongful death of your loved one you will need to choose whether or not to accept a lump sum or a structured settlement. Generally, you will be offered a smaller amount in a lump sum. A structured settlement will be paid out in even payments over a designated period of time. This may be monthly or yearly depending on what the defendants may be offering. Your attorney will help you decide which option is in your best interest and may be able to negotiate larger sums and better terms for your wrongful death lawsuit settlement.

Wrongful death settlements are not considered taxable by the IRS. In many states punitive damages in a claim are taxable; however, they are exempt in cases of wrongful death. Although a large wrongful death settlement may push the deceased's estate over the tax exempt limits of the inheritance laws. Always consult a good tax attorney and a CPA so there is no doubt about any taxes that may be due. Spending a small sum up front may save tens of thousands of dollars later on.

There are a number of reasons the need may arise to convert your structured payments into a lump sum of cash. Perhaps a wonderful business opportunity has presented itself; however, without the cash of the settlement a deal cannot be closed. Or, unfortunately some people will be diagnosed with terminal diseases and wish to use the money to enjoy the last few years of their lives. In cases such as these there are companies that specialize in paying you a lump sum in exchange for yours structured payments. These companies profit by offering you a lower amount than the total of the payments still do. In this case these lending institutions are guaranteeing themselves a certain percentage profit on their investment. Most settlement payments are coming from very strong insurance companies, so their investment is deemed very safe. You will give up a good portion of your settlement by utilizing one of these companies; however, if the money can be enjoyed today instead of being left to other heirs, the high price may be worth it.

Receiving money because of the death of a family member or close person through a Wrongful death settlement is never a satisfying victory. However, a settlement such as this can be put to good use taking care of dependants and doing good in the name of your lost love one.

The author Tony Ulrich was diagnosed with kidney cancer in October of 2009. In his research on what his cancer could have been caused by, he came across with data that suggests a strong link to environmental toxics, such as asbestos. Please visit his Kidney Cancer and Mesothelioma Cancer website for more details.

Article Source: http://EzineArticles.com/?expert=Tony_Ulrich