A Guide to Asbestos Settlements and Litigation

A civil trial for asbestos exposure, like any other type of personal injury lawsuit, concludes in one of two way. It can either continue until the judge or jury sides with the plaintiff or defendant, or the lawyers on both sides can work out an out of court settlement. In nearly 85% of asbestos related cases, lawyers opt for the latter.

Settlement is usually the better option for both the plaintiff and the defendant. Since most settlements can be negotiated in a fraction of the time that it would take a trial to reach a verdict, the plaintiff will have access to compensation to take care of his or her mounting medical expenses. Asbestos related diseases are usually terminal, and victims have less than 18 months to live on average. Asbestos settlement are also better for the defendant, especially if an agreement can be reached early in the proceedings. An early settlement keeps the plaintiff from submitting evidence of asbestos exposure into the public record, where it can provide ammunition for other employees or customers considering lawsuits of their own.

Hiring a Lawyer

For anyone suing a company or entity for asbestos poisoning, the most important task is to hire an experience attorney—ideally one with a background in asbestos litigation. A specialist will probably charge a 10% to 15% higher contingency fee than an average lawyer, but since these cases are virtually always no win no fee personal injury cases, there’s almost no financial downside to seeking out and holding out for the best lawyer possible. Look for an attorney with an AV grade in the Martindale-Hubble index of lawyers. Not all lawyers list themselves in this directory, but their willingness to do so indicates their own vote of confidence.

The main reason why a lawyer with specific experience in asbestos casework is preferred is that they can identify legal vulnerabilities in a physician’s diagnosis that might not be obvious to others. Since symptoms of asbestos exposure can look like symptoms of other circulatory and respiratory illnesses, a seasoned attorney will be on the lookout for areas in any evidence obtained where the defendant’s lawyers can argue that the plaintiff’s symptoms were caused by other factors. Lawyers with a history in asbestos cases will also be better able to asses the strength of their own evidence. The stronger the diagnosis and documentation establishing the link between the client’s condition and the plaintiff’s negligence, the more leverage he or she has to negotiate for a higher settlement amount, which easily justifies the higher contingency fee.