Obviously, the prime reason for filing a mesothelioma lawsuit is to receive compensation for expenses and other particulars involved with a cancer diagnosis. The amount received varies from case to case and there are no steadfast guidelines to help you predict what sort of compensation you'll receive.
Compensation can come from a variety of different sources. If you are suing your employer or former employer for exposure, they may be ordered to pay. If you are suing the companies that manufactured asbestos products used by you personally or used at your place of employment, those manufacturers may be liable for your compensation.
Lately, compensation funds - a pool of money set aside specifically to pay compensation to mesothelioma victims - have been set up by the courts on behalf of companies who've declared bankruptcy due to excessive asbestos-related liability. Because the amount of money in these funds may be limited, so may your monetary award if you are suing a bankrupt company.
When determining the amount of money for which you should sue, your lawyer will take into consideration your uncovered medical expenses and any loss of wages or other expenses incurred due to your disease. Money can also be set aside for your surviving spouse and heirs so that they can live without worry after you've passed on. You may or may not receive the amount of money you are seeking through the lawsuit.
Once you've been awarded a particular amount of compensation, if your attorney is working on a contingency basis, he/she will claim his/her amount. The rest will be awarded to you. However, if the compensation was decided by a judge/jury, the defendant(s) may appeal the court decision and it may be a long time before you receive the money. If the appeal is successful, the defendant will not have to pay.
Last modified: December 27, 2010.