The settlements in mesothelioma legal claims can differ from one patient to another due to several factors that are unique to each individual case. The amount awarded in a mesothelioma settlement is influenced by a combination of legal, medical, and factual considerations. These are some key factors that contribute to the variation in mesothelioma settlements.
Extent of Exposure
The level and duration of asbestos exposure varies from person to person. Those who have had prolonged and intense exposure to asbestos are often at a higher risk of developing mesothelioma. The extent of exposure is a crucial factor in determining liability and the overall strength of the case. Increasingly there are patients diagnosed with mesothelioma who have had low levels of exposure to asbestos or no known exposure. These patients’ cases are more challenging to obtain a settlement for.
Causation and Medical Evidence
Establishing a clear link between asbestos exposure and the development of mesothelioma is critical. The strength and quality of medical evidence, including pathology reports, diagnostic imaging, and expert evidence, play a significant role in determining the merit of the claim and therefore the potential settlement amount.
Individual Damages for Pain and Suffering
The severity of the mesothelioma diagnosis, the impact on the patient’s quality of life, and the pain and suffering endured are considered in settlement negotiations. Compensation for damages, such as pain, suffering, and emotional distress, can vary based on individual circumstances; the length of time they have lived with the illness, the extent of the treatment they have received and their age at diagnosis.
Lost earnings or pension income
The economic losses suffered by the mesothelioma patient, including loss of earnings, reduced earning capacity, and other financial impacts, are factored into settlement negotiations. Younger patients and patients with higher income may receive larger settlements to compensate for these losses.
Care and Assistance
Patients will often require care and support both during their diagnosis and throughout the course of their illness. This may be claimed by family members or private care providers. This will depend upon the individual circumstances of the person and what their care needs are and will impact the value of the settlement.
Whilst most patients’ treatment costs are covered by the NHS, some patients may at some time incur some costs of treatment privately. All patients will incur costs of travel to and from hospitals. Many patients who secure a financial settlement through a legal claim will have provision made for additional private treatment.
Legal Strategy and Representation
The effectiveness of the legal team representing the mesothelioma claimant, their negotiation skills, and the overall legal strategy employed can influence the settlement amount. Experienced lawyers may be more adept at building strong cases and securing higher settlements for patients. The HASAG panel solicitors are all experienced specialist mesothelioma lawyers.
Because of these complex and multifaceted factors, settlements in mesothelioma legal claims are very much considered on an individual basis. It is essential for mesothelioma claimants to work closely with experienced asbestos solicitors who can assess the specific circumstances of their case and pursue the maximum compensation available based on the unique factors involved.