Saturday, March 20, 2010

Mesothelioma Settlements- Class Action Law Suits and Settlement Trust

Mesothelioma is most times caused by exposure to asbestos fibers usually at the work place. Most asbestos companies despite knowing the dangers of exposure to this harmful substance exposed their innocent workers to the substance. These companies can be made to pay for their negligence if the victim seeks for compensation through the means of a lawsuit. Two ways through which a victim can receive compensation are a} through a class action lawsuit and b} through a settlement trust.

Class Action Lawsuit

This is a large suit filed on behalf of a group or class of people. If you are involved in this type of lawsuit without your prior knowledge, you might be notified by the lawyer in charge of the class action lawsuit of your involvement in your involvement in the lawsuit. When you receive this type of notification you should read it carefully and if you do not wish to be included in the lawsuit you should inform the lawyer to remove your name from the list of people involved in the lawsuit.

This type of lawsuit has its advantages and disadvantages. The main advantage is that with the large number of claimants involved an out of court settlement is likely saving you all the stress of passing through a trial.

The disadvantages of such a mass action lawsuit are:

1-You will have no control over the direction of the case, the lawyer will not be reporting to you alone but will be working for the interest of a large number of different plaintiffs.

2-Once you are partaking in a class action lawsuit you are not allowed by the law to take any other legal action against the company so you would not be able to collect any additional compensation later in future.

Settlement Trust

Sometimes by the time you file for compensation from an asbestos related company the company might have been declared bankrupt and to get a compensation you will have to file a claim with the company's established settlement trust. With this type of settlement there are neither court visits nor trial. You must hire an experienced mesothelioma attorney to fill a claim form and submit it to the settlement trust, your claim will be reviewed by the trustees of the fund who will approve for the payment of an amount of money to you. What you will get from this type of settlement is usually between 5-15% of the actual amount of your claim.

Every mesothelioma victim must be fully aware of all the legal options available to him/her and seek for expert legal representation.




Bello Kamorudeen. http://www.mesotheliomacorner.blogspot.com

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