Asbestos Settlements
If you’ve been exposed to asbestos, you likely have inhaled dangerous asbestos fibers, which are known to cause life-threatening diseases like mesothelioma and lung cancer. These microscopic fibers become airborne when asbestos-containing materials are disturbed and can be inhaled into the lungs. Once inhaled, these fibers nestle deep into the lungs where they can lay dormant for 10-40 years before an asbestos-related disease may develop.
Along with the physical and emotional toll of being diagnosed with an asbestos-related illness, deciding whether to pursue legal action is a significant decision. Understanding the legal options available for seeking compensation is critical. If you’re curious about asbestos settlements and how they differ from other legal actions, this guide will help explain the process. For personalized assistance, Serling & Abramson, P.C. offers free consultations to help you explore your options.
Who Qualifies for Asbestos Compensation?
The following parties may be eligible to pursue financial compensation for asbestos exposure:
- Mesothelioma and Lung Cancer patients: Individuals diagnosed with mesothelioma or other asbestos-related diseases such as lung cancer.
- Family members of victims: Families who have lost a loved one to an asbestos-related illness can file a wrongful death lawsuit seeking compensation on behalf of the deceased.
Different Paths to Compensation
Serling and Abramson, P.C. will assess your case on an individual basis to determine the best combination of compensation routes, ensuring a comprehensive pursuit. When pursuing compensation for asbestos-related diseases, there are three primary options:
- Settlements: In any given case, a number of viable defendants are sued. A defendant, usually an asbestos company, may agree to pay a sum to settle the case outside of court. A Serling & Abramson, P.C. attorney will negotiate on your behalf and discuss settlement options with you. A majority of asbestos-related cases settle before they go to trial.
- Asbestos Trust Fund Claims: Many asbestos companies were ordered to establish asbestos trust funds after filing for bankruptcy. These funds hold billions of dollars set aside for future asbestos victims. These funds may provide a significant source of payouts for mesothelioma and lung cancer victims.
- Trial Judgments: Your asbestos attorney will advise you on the pros and cons of taking your case to trial and help you make an informed decision on whether or not you should accept a settlement offer.
Steps for Filing an Asbestos Claim
- Consult an experienced attorney: Hiring experienced mesothelioma attorneys is crucial. We will help navigate the legal process, investigate your asbestos exposure history, and ensure your lawsuit and bankruptcy proof of claims are filed within the appropriate statute of limitations.
- Discovery process: During this phase, our legal team will gather medical records, employment history, and identify the asbestos companies responsible for your exposure.
- Review your options: Based on your eligibility for compensation, a Serling & Abramson, P.C. lawyer will discuss your options for settlements, trust fund claims, or trial judgment. We will also estimate the potential asbestos settlement amounts.
- Evaluate settlement offers: As you receive settlement offers, a mesothelioma lawyer from Serling & Abramson, P.C. will review them with you and advise whether it’s better to settle or proceed to trial.
Mesothelioma and Related Legal Issues
Mesothelioma Settlements
Mesothelioma settlements are agreements reached between the victim (or their family) and the defendant company before going to trial. Settlements offer a quicker resolution and a guaranteed payout without the uncertainty of a court verdict. Settlements can provide financial relief for medical expenses and other treatment costs related to mesothelioma.
Pleural Mesothelioma
Pleural mesothelioma is the most common type of mesothelioma, affecting the lining of the lungs. It is caused by the inhalation of asbestos fibers and can take decades to develop after the initial exposure. Pleural mesothelioma patients often pursue compensation from asbestos companies responsible for their exposure, seeking funds to cover medical treatment, lost wages, and other expenses.
Mesothelioma Treatment
Treating mesothelioma can be costly and requires specialized care, including the possibility of surgery, immunotherapy, chemotherapy, and/or radiation therapy. Mesothelioma treatment aims to manage symptoms and prolong life expectancy, but the costs can be overwhelming for patients and their families. Compensation from asbestos lawsuits or settlements can help cover these treatment costs, providing financial stability during a challenging time.
Mesothelioma Trust Funds
Mesothelioma trust funds are established by companies that filed for bankruptcy after being held liable for causing asbestos-related diseases. These funds are dedicated to compensating victims of asbestos-related diseases. Mesothelioma trust fund claims have become an important source of financial relief for victims.
Mesothelioma Clients and Settlements
Mesothelioma clients who seek legal representation from experienced asbestos attorneys, like Serling and Abramson, P.C. are often able to secure substantial settlements.
Wrongful Death Settlements
When a family loses a loved one to mesothelioma or another asbestos-related illness, they can pursue a wrongful death settlement. These settlements provide compensation for the financial and emotional loss experienced by the family. Wrongful death claims can cover medical bills, funeral expenses, and loss of income, helping families maintain their financial stability during a difficult time.
Asbestos Exposure and Compensation
Asbestos Claims Payouts
Asbestos claims payouts can vary significantly depending on the type of claim and the severity of the disease. Asbestos claim payouts can come from asbestos trust funds, settlements, or trial verdicts.
Experienced Asbestos Attorneys
Hiring experienced asbestos attorneys is critical when pursuing an asbestos claim. At Serling and Abramson, P.C., our specialized lawyers have the knowledge and resources to investigate your asbestos exposure history, build a strong case, and represent you effectively in court or during settlement negotiations. As experienced asbestos lawyers, we have a deep understanding of asbestos regulations, asbestos-containing products, and exposure sites, enabling them to pinpoint the companies responsible for your illness and ensure you receive fair compensation.
History of Asbestos Exposure
The history of asbestos exposure stretches back to the early 20th century, when asbestos products were commonly used for insulation and fireproofing in buildings, ships, and industrial equipment. Over the years, countless workers in industries like construction, automotive, and shipbuilding were exposed to asbestos fibers. Decades later, many individuals are now developing asbestos-related diseases like mesothelioma or lung cancer as a result of this exposure.
Legal Aspects of Settlements and Compensation
Statutes of Limitations
Each state has a statute of limitations that sets a deadline for filing an asbestos-related claim. In Michigan, individuals generally have three years from the date of diagnosis to file a lawsuit. However, Michigan’s savings statute provides additional time if the victim passes away within this initial three-year period, allowing the family or estate more flexibility to pursue a claim. Working with an experienced mesothelioma law firm is crucial to ensure your claim is filed within these time limits and to safeguard your right to compensation.
Compensatory Damages
In asbestos lawsuits, compensatory damages are awarded to cover the victim’s actual losses. This includes medical costs, lost wages, and pain and suffering. These damages help victims cope with the financial burden of their illness and ensure that they receive compensation for their suffering.
Experienced Legal Help for Asbestos Settlements
Choosing a law firm with a proven track record in asbestos litigation is crucial to securing maximum compensation. Serling & Abramson, P.C., with over 50 years of experience in asbestos cases, has helped thousands of clients in Michigan and beyond. The firm’s in-depth knowledge of asbestos exposure sites, combined with their dedicated client service, makes them an invaluable resource for those pursuing asbestos settlements.
By working with experienced mesothelioma lawyers, you can ensure that your case is handled with the utmost care and that your family receives the compensation they deserve. Contact Serling & Abramson, P.C. for a free, no-obligation consultation to review your options and start the process of pursuing justice for asbestos exposure.
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