Mesothelioma Settlements

What is the dollar value of a human Llife?
If you are like most ethical, caring people, you should be appalled and angered that any human being would even ask such a question. However, it is not a new concept. Both the Code of Hammurabi and Mosaic Law addressed the issue of compensation in cases of accidental death or dismemberment. Likewise, old Anglo-Saxon and ancient Scandinavian laws dealt with the questions of weregild, or "man-price" - sums of money that were paid to the victim or his family in personal injury cases.


Of course, anyone who understands the history of asbestos realizes that the recent epidemic of asbestosis and mesothelioma may argue it is not accidental. It is the direct result of gross negligence on behalf of a number of corporations who knew of the dangers of asbestos, but chose to proceed nonetheless. Despite the fact that there may be an ethical argument for considering such negligence criminal, the law in virtually all industrialized nations - including the U.S. - considers death and injury from asbestos a tort, or personal injury matter, and therefore a matter for the civil courts where monetary compensation for medical expenses, lost income and plain and suffering are remedies available under the law.

Mesothelioma Settlement or Damages?

Technically, a malignant malignant mesothelioma settlement is different from an award, or award of damages.. The word "settlement" usually means that the parties have settled out-of-court, either prior to commencement of court proceedings, during the trial at some point prior to the judge's ruling, or any time thereafter.
The offer of a mesothelioma settlement or the willingness to accept a settlement is often more a question of power than of justice. Either party to a lawsuit may offer to settle for a number of reasons; the defendant may wish to avoid negative publicity, or the expense of extended litigation. If the plaintiff's case is a weak one, or if the judge and/or jury appear to be leaning in favor of the defendant, the plaintiff's lawyer may advise him/her to accept a settlement. A plaintiff may also offer to settle simply to avoid the time, expense, and psychological and physical strain of a lengthy court proceeding.
On the other hand, if a defendant offers to settle when the plaintiff's case is going well, it may indicate that the defense expects to lose the case. If this is the situation, the plaintiff's attorney will either (A) recommend that s/he not accept the offer, or (B) attempt to negotiate the highest settlement possible.
In any event, the lawyer can only advise the client; s/he is obliged to act in accordance with the client's wishes, regardless of what the best course of action may be, or the lawyer may withdraw as counsel. If the plaintiff accepts a settlement, it constitutes a contract between him/her and the defendant in which the plaintiff agrees not to pursue or (in the case of a trial already underway) continue legal action. Once the mesothelioma settlement has been paid, both parties file a notice with the court that the case has been dismissed.
Because corporations may value their public image nearly as much as large sums of money, such defendants may also stipulate in a mesothelioma settlement that such an agreement does not constitute an admission of wrongdoing, and additionally may restrain the plaintiff from discussing the case with other persons (such as reporters or investigative journalists). Those provisions should be bargained for and may be the reason for the offer or the amount of the offer.

Posted in: Mesothelioma