It is impossible to predict the value (if any) of a case because all the facts may not bet known until trial and juries are not all the same and can react very differently to the evidence. Mesothelioma settlements and damage awards have run into astronomical sums over the past two decades and have lost. The first successful legal action in a mesothelioma case was Clarence Borel v. Fiberboard Paper Products Corporation et. al., which was filed in 1969 and ended in 1973 with a posthumous award to the plaintiff's estate...
In 2005, a retired 82-year-old machinist whose asbestos cancer was found to result from exposure in the workplace sixty years earlier received an award in a California case. In addition, the jury found the corporate defendant guilty of malice, fraud and suppression of evidence.
On the other hand, in 2004, a 76-year-old man brought action against a company in another California case, claiming his mesothelioma was due to asbestos exposure back in the 1950's. The defense for Asbestos Corporation Ltd. was able to convince the jury that the man's problem was actually lung cancer brought on by his history of cigarette smoking. Asbestos is the sole cause of mesothelioma, whereas tobacco use has long been associated with lung cancer. Predictably, the jury found in favor of the defendant, and the plaintiff received nothing.
While details of the latter case were not readily available, it is likely that the plaintiff had not gotten his diagnosis from a qualified oncologist. This is important; one of the keys to successfully winning your mesothelioma case is to have an irrefutable diagnosis as well as expert testimony from cancer specialists. In a personal injury suit, proving causation is at the heart of your claim; the more credible the evidence and testimony, the stronger your case will be - resulting in a far greater chance of the jury finding in your favor.
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