5/03/2011

Mesothelioma Settlements – Some FAQ's

Find answers to asbestos-related legal questions. Read about the mesothelioma lawsuit process and how to chooose a mesothelioma attorney.

Considering a legal battle regarding mesothelioma and asbestos exposure can be a scary prospect. However, with the right mesothelioma legal professionals, the process can flow much smoother and most often with better results; including mesothelioma settlements. There are number of questions that many people may have regarding mesothelioma settlements. Below are just a few of the concerns we have heard in recent years.

Are mesothelioma settlements typically subject to income tax fees and requirements?



Generally speaking, settlement money earned from a personal injury is not taxable by most states. This same principle applies to a mesothelioma settlement. However, taxes are charged to the representing Attorney who earns profits from a mesothelioma settlement's contingency fee. If mesothelioma settlement monies are invested, then taxes will be applied to interest earned from this personal injury.

What options exist for individuals with limited income, when seeking a mesothelioma settlement?

Quite often, attorneys will offer a special contract for legal services. This contract provides all the necessary legal guidance and representation, with no upfront costs. When a mesothelioma settlement is achieved, the attorney will take a portion of the payoff as their contingency fee. If a mesothelioma settlement is not possible, the contract releases a client from all financial responsibility. With this type of contract, a client has virtually no risk in attempting to obtain a fair and deserved mesothelioma settlement.

How does the Statute of Limitations affect a potential settlement?

In all personal injury cases, each state permits a certain amount of time to pass before the ability to bring a lawsuit expires. This time period varies depending on the state, but in many cases it runs around two years. With an illness that's characteristic evolution involves several years, or even decades, of dormancy, like mesothelioma; there are some difficulties in meeting the typical Statutes of Limitations throughout the United States. For fairness, most states have adopted the Discovery Rule, which enables individuals to bring suit within a specified time period after diagnosis from any latent illness, like mesothelioma. The Discovery Rule is just another way the legal system has responded to right many of the negligent wrongdoings of companies and organizations; ensuring justice and protection for any individuals seeking their rightful, mesothelioma settlement – even decades after asbestos exposure.

How soon should an attorney be contacted after diagnosis?

For the best mesothelioma settlement possible, it is highly recommend that an attorney be contacted soon after a diagnosis is received. This ensures that the individual receiving legal assistance is in sound mind and body for initial testimony and official depositions regarding their experience with asbestos contamination.

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2 comments:

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