Malignant mesothelioma is a rare cancer linked to asbestos exposure. Mesothelioma victims have a very poor prognosis; only 8% survive the first five years following diagnosis. Because mesothelioma is so deadly, victims are often eligible for large monetary settlements in compensation for negligent exposure to the asbestos fibers that caused their illness. Although every case is different, how successful a mesothelioma claim will be and how much a potential settlement might offer depends on a number of factors.
Mesothelioma Settlement: Identifying the Defendant
Mesothelioma is strongly linked to asbestos exposure. Mesothelioma may not develop for as many as fifty years following exposure. For this reason, an experienced asbestos litigation firm should be prepared to go over your employment history carefully, in order to identify the appropriate defendants. Bergman Draper Oslund has developed an extensive database of job sites where asbestos exposure took place. Even if exposure occurred at multiple job sites, each employer may be held liable.
Mesothelioma settlement: Medical Expenses
Unfortunately, mesothelioma nearly always proves to be a terminal illness. Proving that a mesothelioma victim has suffered grievous harm from asbestos exposure is not often the most challenging part of an asbestos claim. However, in some rare cases the disease may be caught very early, changing the prognosis for the better. In circumstances where loved ones have filed a suit for the death of a family member, some damages may be subject to legal caps, preventing very high settlement amounts.
Mesothelioma Settlement: Condition of the Plaintiff
The plaintiff’s overall health condition prior to mesothelioma diagnosis is also a factor that may influence the ultimate settlement amount in an asbestos lawsuit, in some cases. For example, a history of smoking may influence the settlement in a lung cancer case. In other circumstances, it may not matter at all. For example, mesothelioma is caused solely by asbestos exposure. Even long term chronic health conditions may not impact the defendant’s liability in this circumstance.
A Strong Settlement Depends on the Right Representation
While the settlement potential of a mesothelioma claim depends heavily upon the quality of the case, the experience and in depth knowledge of a victim’s attorney is also an important factor. Each case is different, and no attorney – no matter how well-qualified – can guarantee success. However, as the only law firm in the Pacific Northwest devoted solely to asbestos litigation, Bergman Draper Oslund has a strong record of successful settlements, from multi-million dollar settlements on behalf of individuals, to multi-billion dollar settlements on behalf of multiple claimants.
If you or a loved one has been diagnosed with mesothelioma protect your right to future compensation by retaining a quality asbestos litigation firm. Call Bergman Draper Oslund today, for a no-cost, no obligation consultation.