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Wednesday, 10 September 2008

Finding a Fair Mesothelioma Settlement

So, what are the steps involved when it comes to finding a fair mesothelioma settlement? The first step to finding a fair settlement is simple; you will need to get a mesothelioma attorney. Most attorneys will not only allow for a free consultation, but they won't charge any fees until after a settlement is reached. This means that you won't have to pay anything if the case is lost. The exception could be if the attorney has any 'hidden' retainer fees, which you should ask about when you meet them.
During the consultation the attorney will determine if he or she will be able to reach a settlement based on the situation presented to them. If so they will help you initiate the next step is filing a complaint against the company in question. This process will allow the attorney to collect information regarding both your condition and the asbestos you had been exposed to.
After the complaint has been filed in the court, you will be able to determine if you can find a fair mesothelioma settlement from the company you're trying to sue. Many companies have special funds set aside to handle asbestos cases, so for them reaching a fair settlement is much easier and cheaper than going to trial. If the company you're suing is in this category, they will see if they can negotiate a settlement out of court with you and your lawyer. Should a reasonable and fair settlement be achieved, things will be much easier on all parties. You don't have to worry about testifying in court, and they don't have to worry about the hassles of a lawsuit.
Yet, what can a person do if the company they're suing is not willing to reach a fair mesothelioma settlement out of court? Perhaps the amount is too low or maybe they feel they're not in the wrong. In these situations it's best to go to trial, at least if the lawyer feels you have a chance at winning. In fact, most of the time more money can be won if a person goes to court rather than agreeing to a settlement.
In conclusion, finding a fair mesothelioma settlement will depend on the type of lawyer you get as well as the company you are fighting against. Sometimes a settlement will not be obtained, at least out of court. But if this happens to you, try to keep hope alive, as you stand a chance of getting a greater amount of money when the case goes to trial.

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