Legal action for asbestos poisoning that starts with a lawsuit usually ends in a settlement. Many personal injury lawsuits are settled out of court due to a risk analysis that concedes the likelihood of losing the case, but that’s typically not the issue with asbestos lawsuits. In the last 20 years, many judges and juries have become more willing to side with asbestosis and mesothelioma victims, who could easily win if the case continued until a verdict was made. The main constraint, however, is time. Someone diagnosed with mesothelioma is not expected to live another two years, which is at least as long as the average mesothelioma trial. There’s no point in winning substantial trial damages if they cannot be used to pay for medical expenses before it’s too late.

The first step in expediting a settlement is to find an attorney with experience in asbestos lawsuits instead of a general practitioner. The Martindale-Hubbell database will rate lawyers with AV, BV and CV ratings, with AV ratings signifying the highest regarded and most experience attorneys, and the latter ratings denoting somewhat lower standing. Picking a top rated lawyer might result in having to pay a higher contingency fee at the conclusion of the case, but only if the case is won. Asbestos related cases are almost always no win no fee personal injury lawsuits. Be sure to verify the fee structure during your initial consultation to avoid being on the hook for any hidden fees. Clients may have to pay for certain expenses, like medical expert witnesses, even if the case is lost.

Another key aspect of either winning a favorable court verdict or negotiating a faster settlement is ensuring that the physician’s diagnosis is as airtight as it can be. No diagnosis is infallible, but diseases like pleural mesothelioma have many symptoms that overlap with other respiratory and circulatory illnesses like lung cancer. If the lawyer has experience with asbestos poisoning, he or she will review the diagnosis to make sure that it lacks ambiguity—particularly that the patient’s condition can be linked to the ingestion of asbestos fibers. The more authoritative the diagnosis, the more leverage the attorney has available to insist on a substantial settlement offer in less time. It’s also in the defendant’s interest to negotiate an asbestos settlement quickly, since it keeps the details of any mishandling of asbestos between the plaintiff and the defendant, rather than getting into the public record where the information might encourage further litigation.

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