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May 13, 2010

Types of Asbestos Settlements

 
 
 

It is forecast that asbestos related disease such as asbestosis and mesothelioma are expected to peak around 2020. This means that there will be thousands of people who have been diagnosed with an illness caused by asbestos seeking legal asbestos or mesothelioma compensation, by a variety of ways.

Settling a Claim In and Out of Court
An out of court settlement is a common occurrence in an asbestosis claim. A defendant may agree to an out of court settlement in order to save the time and expense of a trial. They may take the view that the overwhelming evidence proving the health hazards of asbestos exposure, coupled with the volume of asbestos claims passing through the court system, it would be in their best financial interests to settle out of court.

However, if a company decides against this option, or the amount of their first settlement offer is deemed inadequate, it may be necessary to take the case to trial, although settling out of court still remains an option. It is quite common for an out of court settlement to be negotiated during the trial process.

Class Action Law Suits
A class action suit is a large suit filed on behalf of a group or class of people. In some cases, the lawyer in charge of the class action lawsuit will notify you of your involvement in the case. If you receive a notification regarding a class action lawsuit, you should read it carefully. Many of these suits are written to include everyone named in the suit. If you are named and do not wish to be included, you must notify the lawyer to have your name removed from the lawsuit.

In many cases, inclusion is a class action lawsuit may be advantageous. With a large group of claimants, an out of court settlement is likely. But there are some drawbacks to a class action lawsuit. By being included in such a large pool of plaintiffs, you will have no control over the direction of the case. The lawyer will not answer directly to you, but will work toward the resolution that is best for the largest number of claimants.

Another very important drawback of being involved in a class action suit is that it often disqualifies you from taking further action against the company. In other words, if you are involved in a class action suit and receive compensation, you are restricted from receiving additional compensation later, should additional health problems arise.

Filing a Claim with Insurers or Settlement Trust
If the company responsible for your asbestos exposure has declared bankruptcy, you will probably be required to file a claim with the company’s insurers – if also still in business – or settlement trust to receive compensation. When you file a claim with the trustee of a settlement fund, they will determine the value of your claim and then pay a small percentage of that amount. With a settlement claim there are no visits to court or medical experts necessary. An experienced lawyer will fill out the claim form and submit on your behalf.

It is essential that you seek legal asbestosis advice with a qualified and experienced asbestosis lawyer to ensure that you get accurate information early on in the claim process to help increase the likelihood of a quick and fair settlement.

18 Responses to “Types of Asbestos Settlements”

    • RachelJ

      Dear Mr Stidham,

      I will email you some information in relation to your request. In brief, if you have been exposed to asbestos in the course of your employment and have been diagnosed with an asbestos related illness you may well be eligible to claim compensation.

      Yours sincerely
      Rachel Johnston

      Reply
  1. RONNIE BECK

    I have been diagnosed with asbestosis. Am I entitled to any compensation? Thanks.

    Reply
    • RachelJ

      Dear Mr Beck,

      I will email you some information in relation to your request. In brief, if you have been exposed to asbestos in the course of your employment and have been diagnosed with an asbestos related illness you may well be eligible to claim compensation.

      Yours sincerely
      Rachel Johnston

      Reply
    • RachelJ

      Hi,

      Thank you for your enquiry via our website. I will reply to your comment privately via direct email.

      Kind regards
      Rachel Johnston

      Reply
  2. paul baca

    My father is diagnosed with asbestosis. What type of information does he need to get the claim process started. Does be need specific information on when or where he contacted it?
    Paul

    Reply
    • RachelJ

      Dear Paul,

      Thank you for your comment – we will respond to you via direct email with more information.,

      Kind regards
      Rachel

      Reply
  3. Perry L. Cain

    I have been diagnosed with asbestosis. I am on oxygen therapy permanently and am already under 50% lung function. I do not yet have mesothelioma, although a benign tumor has been detected in my left lung. Am I entitled to legal compensation or do I have to wait until I am diagnosed with cancer? I would appreciate a definitive answer. No one, yet, has given me one.

    Reply
    • RachelJ

      Dear Mr Cain,

      Thank you for your enquiry via our website I will respond to you by direct email.

      Kind regards
      Rachel

      Reply
  4. john dilutis

    whatkind of settlement can i expect even for a mild dignoses of asbestos diease even tho i believe i had a major case,im sure my test wont come back mild but im just curious to what you think id get on the lower end

    Reply
    • RachelJ

      Dear Mr Dilutis,

      Thank you for your enquiry. I will respond to you directly via email.

      Kind regards
      Rachel Johnston

      Reply
  5. Wayne Dillon

    I worked with friable asbestos HVAC and plumbing tech. I am now having breathing problems, and have had problems for many years. Yesterday my lung Doctor told me it very well could be asbestos’s related. Any info you can send me would be greatly appreciated

    Reply
    • RachelJ

      Dear Mr Dillon,

      Thank you for your enquiry via our website.

      I will email you directly in response.

      Kind regards
      Rachel Johnston

      Reply
  6. jennifer burns

    from Louisiana, what are the possibility of a claim for non cancer at this time, father was an asbestosis worker since my birth that is where my contact came from. is there a time limit from time of diagnosis with the exposure diagnosis to make a claim

    Reply
  7. Lee Collins

    Need info to file for my father. has been diagnosed with asbestosis and has problems breathing, short breath, low energy, dizzy. How can he get medical assistance?

    Reply
    • RachelJ

      Dear Mr Collins,

      I will respond to you via direct email in relation to your online enquiry.

      Kind regards
      Rachel

      Reply

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