If you or a loved one have been diagnosed with mesothelioma due to asbestos exposure you may wonder whether you can recover a compensation claim for the damage done to your health. Depending on the circumstances of your exposure, there’s a good chance you can make a claim. There are many factors that will determine how straightforward it is to make a claim and what size of settlement you’ll be able to obtain. Here are four important factors that determine the ability to recover an asbestos settlement for mesothelioma cases:
#1 Ability to Trace the Exposure
It’s one thing to believe that you were exposed at work, but another to have proof that will stand up in court (if it comes to that). For mesothelioma victims that have worked for several different companies in a high risk industry, assessing which employer is culpable or if it was a supplier or a parent company that is liable is important to know and may be difficult to figure out on your own.
#2 Time Since Diagnosis
Every state has statutes of limitation for filing personal injury cases – which is the category that mesothelioma cases fall under. Generally speaking it is three years from the date you found out your mesothelioma was caused by asbestos. The statute starts to mark time from that moment, so it’s better to pursue an asbestos settlement as soon as possible – before the clock runs out.
#3 Outcomes of Mesothelioma
There are circumstances unique to your case that will determine how large of a settlement you may be able to obtain for your mesothelioma. The age when you were diagnosed, the extent of the pain and suffering you’re dealing with, lost wages due to inability to work if you were still employed when diagnosed (as opposed to being retired) and a multitude of other factors will become part of the compensation calculation.
#4 Degree of Negligence
If the company legally liable for your asbestos exposure knowingly exposed workers to asbestos after they knew it was hazardous, they will likely be subject to a stiffer penalty for their actions in the form of a higher settlement award to victims like you. If you worked for more than one company that exposed you or if there are several different companies being pursued as part of your claim, this can also impact the dollar amount of your settlement.
#5 Expertise of Your Attorney
One of the most important aspects of your asbestos settlement potential is the experience and expertise of the law firm you choose to represent your interests. A firm with decades of experience, hundreds of cases under their belt and a demonstrated track record of significant settlements for people in circumstances similar to yours can greatly increase the chances of winning substantial compensation for your illness (or that of your loved one).
Call Bergman Draper Oslund for Help
Bergman Draper Oslund has been helping asbestos exposure victims since 1995. Because we handle only mesothelioma cases we have the expertise you need for your asbestos claim. We are a small firm so you’ll get lots of personal attention, compassion and impressive results. To date, we have won more than $700 million for our asbestos exposure clients and are ready to help you now. If you or a loved one have been diagnosed with mesothelioma, call us for an immediate free consultation.