Mesothelioma has no cure. With early detection of the disease the life span and quality can be improved. But unfortunately taking proper medical care of mesothelioma patient is expensive. This is where compensation received from mesothelioma cases can come as a great relief to the the patient and his family.
In many cases of mesothelioma exposure, the fault is with the firms involved. In such cases where the negligence of firms caused serious disease such as mesothelioma, the courts hold them accountable and directs them to compensate the patient for medical and earning loss apart from the emotional trauma to him and his family.
Mesothelioma compensation varies from case to case. There have been cases where the compensation was just some thousand dollars to cases where the firm was directed to cough up millions of dollars. All depends upon how guilty the trial court believes the company was for the present condition (and disease) of the patient. The amount of compensation also depends upon how carefully and strongly one's case is presented by the lawyer. For example, Illinois jury awarded a $250 mn compensation to 70-year-old Roby Whittington, a retired U.S. Steel worker. Similarly, more than $30 mn was awarded in compensation to employees of Shell and Foster Wheeler Corporation.
These multi-million dollar compensations are generally in cases of gross negligence by the employer and exposing worker to dangerous asbestos in spite of knowing the possible hazards. In most other cases, the compensation is mainly to cover medical expenses.
What does Mesothelioma compensation cover?
Mesothelioma compensation can cover:
- Medical expenses for the treatment of the disease, such as medicine, therapies, tests etc. This also includes the expenses which are not covered by health insurance.
- Travel expenses for medical treatment. This can be significant if the treatment centre is far off from one's place
- Compensation can also include lost wages. This is important if the patient is only early or important earning member of the family. In such case, this helps dependents to live decent living
- While there is no way one can compensate for mental and physical suffering of the patient. But compensation are also awarded for this. Mesothelioma patients undergo significant physical suffering and metal stress. Courts direct the companies to pay up for these too.
- Other compensation can include – funeral expenses, group support etc.
Process and aspects of Mesothelioma compensation
For a mesothelioma patient to claim compensation he has to file a lawsuit against the company he believes was responsible for this condition. These legal proceedings should be done through good mesothelioma lawyer. After hearing both parties, the court, if feels, directs the guilty to pay up compensation decided by it to the patient. The guilty party then pays it in a fixed time period. In some cases claims have to be filed with bankruptcy trusts.
In many cases, the case is settled out of court where the defendants decide to settle for a compensation. This is particularly seen when the defendants have a weaker case of feel that it would be cheaper to settle this way then go to the court. Note that a settlement is possible even when the trial is under progress.
In some cases, there can be a few complications and delays in award of the compensation even when the court guides the defendants to do so. This is possible if the defendants decide to appeal against the verdict. If defendants win, they do not pay any compensation. To safeguard the interest of the claimant, the defendants have to post a bond to ensure the money will provided if they lose.
No compensation can replace and repay for a life but mesothelioma compensation can help in taking care of medical expenses of the patient and financial help the dependents in need. In case you are diagnosed with mesothelioma, please contact a good mesothelioma lawyer immediately and discuss your case.