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Widow's wrongful death lawsuit heads back to trial

Asbestos litigation can be intimidating to people, especially when they are also dealing with an illness or death of a loved one. However, it can also be a necessary means of pursuing damages that victims and their families deserve.

Taking legal action against a company that may have contributed to or caused a deadly illness can provide those affected by that negligence with compensation and a sense of justice. However, it can be a complicated and lengthy process, which is why it can be so beneficial to have the guidance and support of an attorney at every step of the way.

Many cases involving asbestos negligence claims are settled before they go to court. Both plaintiff and the companies named in a suit can come to an agreement outside of court, which can save people from the complications of a trial. At this stage, it can be important to have an attorney confirm that a settlement is appropriate and fair.

Cases that cannot be resolved in this manner head to trial, where there are arguments, testimonies and rulings that can seem very complicated and overwhelming. However, the benefit of a trial is that there is a chance that a plaintiff will be awarded more damages than he or she would have received in a settlement.

Even after a ruling has been made, there is still the potential that it will be appealed. In one case, for example, a jury awarded $2.86 million to a woman whose husband died as a result of mesothelioma. The defendant company appealed the ruling, citing legal errors and inflammatory testimony and now there will be a new trial.

At any step of an asbestos lawsuit, be it wrongful death or workers' compensation, victims and their families may find that legal support and guidance provides them with a sense of understanding, relief and support at a time when it is most crucial.

Source: Mansfield News Journal, "Widow's $2.8 million mesothelioma award in jeopardy," Linda M. Martz, Aug. 13, 2014

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