Asbestos Settlements: What to Expect and How to Negotiate
Not all lawsuits wind up in court. In fact, it’s very common for legal matters to be ended via a settlement when both parties agree to terms that will put the case to rest so everyone can move on. This happens regularly in the world of asbestos claims, so it’s important to know what to expect regarding settlements and how you should think about the negotiation process.
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If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.
Below, you’ll find an overview of how settlements work, why they occur, and what you should be considering before deciding whether or not you are going to sign on the dotted line. Taking a settlement can be an exciting opportunity, but it also ends any other legal rights you may have to pursue damages, so it’s important to get this right the first time.
“The overall evidence suggests there is no safe level of asbestos exposure.”Source: National Cancer Institute (NIH)1 |
A Quick Overview of Asbestos Claims and Compensation
Asbestos is a naturally occurring material that can become dangerous to human health when airborne and breathed into the lungs. There are a few different microscopic fibers that fall under the category of asbestos, but all can be dangerous.
| Chrysotile | Crocidolite | Amosite | Anthophyllite | Actinolite | Tremolite |
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Countless people were exposed in mining and industrial settings before regulations were changed, and given the delay between exposure and illness, those affected are just now starting to deal with the aftermath. If you or a loved one is having health issues that may be related to asbestos exposure, considering your legal options is the logical next step.
The health risks of asbestos exposure can include:
| Mesothelioma: cancer of the mesothelium, the thin layer of tissue surrounding the body’s organs. This cancer is only known to be caused by asbestos exposure. | Lung cancer |
| Laryngeal cancer: cancer of the larynx (section of the throat called the voicebox) | Ovarian cancer |
| Stomach cancer | Colon cancer |
| Pharyngeal cancer | Asbestosis: a chronic lung disease associated with asbestos exposure |
| Chronic Obstructive Pulmonary Disease (COPD) | Atelectasis (collapsed lung) |
| Pleural effusion (collection of fluid around the lungs) | Pericardial effusion (collection of fluid around the heart) |
What is a Legal Settlement (with an asbestos claim or any claim)?
In legal terms, a settlement is an agreement between two parties that the lawsuit will be discontinued and a set of terms will be accepted to end the matter. Typically, this means some type of payment is going to be made by the defendant to the plaintiff.
To avoid a long, expensive, and uncertain legal process for both sides, they can negotiate to come to a point that is satisfactory to both and achieve some closure to the disagreement.
As a victim of asbestos exposure, being offered a settlement can be a positive revelation, as this allows a person to get what they feel they rightfully deserve without having to go any further in court.
Of course, there is no guarantee that the settlement offer made is going to be a fair one, so it’s important to think carefully about the offer and get qualified assistance to review the settlement details before deciding how to proceed. As mentioned earlier, accepting an asbestos settlement is going to mean giving up one’s rights to pursue more damages later on, so it’s not a decision to take lightly.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)2 |
Will You Be Offered a Settlement for Your Asbestos Claim?
That depends on a number of factors. The lawyers who are representing the company that may be guilty of exposing you and others to asbestos will carefully determine who is going to receive a settlement offer.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >Asbestos Trusts generally offer the quickest and easiest asbestos claim compensation.
As you would expect, their goal is to resolve these cases for as little time and money as possible, so they will compare the cost of time spent in court and paying out a settlement against what it will cost to continue to fight – and potentially lose the case in the end.
While there are no absolutes in legal battles, you can expect that the stronger your case, the more likely you are to get a settlement offer.
If the defendant knows they are going to have an uphill battle, it makes sense to just get to the settlement and put an end to it rather than spend the money fighting it out only to lose anyway. So, if you go in with a strong case that you have been harmed, don’t be surprised if a settlement offer comes along shortly thereafter. Whether or not you want to take that settlement and end the case is up to you.
| Even lifelong smokers can collect compensation for asbestos damage. | |
 | Many of our clients believed they weren’t eligible to file an asbestos lawsuit because they were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
| Even lifelong smokers can collect compensation for asbestos damage. |
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| Many of our clients believed they weren’t eligible to file an asbestos lawsuit because hey were cigarette and cigar smokers. This isn’t true under the laws of many states. Our database contains the medical evidence needed to show that smokers who are exposed to asbestos are far more likely to develop cancer than smokers who weren’t exposed to asbestos. Cigarettes and asbestos are far more dangerous than cigarettes or asbestos. |
Alternative Types of Asbestos Claims
You don’t necessarily have to file a traditional lawsuit to wind up getting compensation for your injuries due to asbestos exposure. If you don’t want to go through with a standard lawsuit but still want to see if you can secure damages in your case, there are other options to explore right away.
Asbestos Trusts: No lawsuit, no deposition, no court fees, no risk.
The first alternative type of claim to look into is a trust. There are massive asbestos trusts that have been created to pay out damages to victims because there are simply so many victims that deserve compensation. Rather than having each and every one of those victims go through a lawsuit, the trusts are a fast-tracked way to get money to the people that deserve it while saving time and legal costs along the way.
Over $30 Billion is still available (No lawsuit. No fees unless you receive money. No risk.) Stake your claim.  |
If you opt for filing a trust claim, you will likely get less money than you could have potentially gotten through a lawsuit, but you also avoid the risk of losing a case in court. And, you get to save a lot of time with this approach, which is one of the best features of using a trust to seek damages. You will need some form of evidence to prove that you deserve a payment out of an asbestos trust, but the bar is typically lower here than it would be in a standard lawsuit.
People who worked in these industries prior the mid-1980s have a higher risk of developing asbestos-related diseases:
| Construction | Factories | Foundries | Refineries | Shipyards | Mining / Milling |
| Demolition | Insulation | Steelworkers | Pipe Fitting | Shipbuilding | Mechanics |
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| Roofing | Textiles | Iron workers | Boilers | Firefighting | Brake Repair |
| Flooring | Cement | Electricians | Gasket Repair | Railroad | HVAC |
Unfortunately so do their families.
Second-hand asbestos exposure is asbestos exposure.
Among the various types of asbestos claims, there are second-hand asbestos claims to be made. These are cases where the injured party is actually not the victim of direct exposure, but rather second-hand exposure that led to asbestos-related illness. The most common example of this situation is a child who was exposed through a parent who worked in a mine or plant and brought the asbestos fibers home on their clothing and other items.
Determining whether or not you are being offered a fair settlement is something that you should do with the help of an attorney who is experienced in this space. It’s hard to know on your own if what you are being offered is fair or just an attempt to get you to settle for far less than the case is truly worth. By educating yourself on the process, and by working with an experienced professional, you can come to a decision that you’ll be able to live with comfortably moving forward.
AsbestosClaims.Law
At AsbestosClaims.Law, our mission to secure compensation for asbestos victims is more than professional; it’s personal.
Our founder, Justinian C. Lane, understands the devastating impacts of asbestos firsthand.
Both his grandparents and father, all asbestos workers, passed away from asbestos-induced cancers without realizing their eligibility for asbestos lawsuits or other forms of compensation.
We aim to prevent such tragic oversights by informing and guiding victims and their families through their legal options.
If you or your loved ones have suffered as a result of asbestos exposure, you could be eligible for considerable compensation. These funds could provide for medical treatments, asbestos removal services, and safeguard your health.
In addition, asbestos trusts offer compensation without the need for a lawsuit, providing a quicker, simpler path to justice.
Reach out to us at [email protected] or (206) 455-9190 for assistance with your claim. We offer compassionate listening, clear explanations, and we don’t charge a dime unless we win your case.
Beyond legal claims, we also advise on veterans’ disability, social security, and employment protection like workers’ compensation, FELA, and The Jones Act for maritime workers.
There’s no risk or cost to connect with our experienced team about your rights. Our commitment to your well-being means no fees unless you receive compensation.
| For further queries or concerns about asbestos, explore our website and YouTube page, featuring infographics, videos, and answers to common questions on asbestos-related topics. |
We’ve also introduced W.A.R.D., the Worldwide Asbestos Research Database. It’s the most comprehensive resource for asbestos-related information.
W.A.R.D. assists in pinpointing potential exposure scenarios, asbestos-containing products, and can indicate the types and potential amounts of compensation you may be entitled to receive.
Don’t delay — get in touch with us today!
https://www.justice.gov/jm/jm/1-17000-settlement-payments-third-parties
https://repository.uclawsf.edu/cgi/viewcontent.cgi?article=3257&context=hastings_law_journal
1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.