Monday, August 30, 2010

Mesothelioma Claims and Insurance Companies

California Mesothelioma Lawsuits, Mesothelioma Claims and Insurance Companies

Insurance companies don't like to pay for things, and if there is any way around their obligation to foot the bill, they will. That is how they stay in business. They need to have a large percentage of money coming in and a very small percentage going out. Insurance adjustors are not humanitarians, they are business people. California mesothelioma claims are a huge liability in the eyes of the insurance companies. 

California mesothelioma lawsuits run the risk of drying up the insurance companies limited resources. Juries are willing to award victims of Mesothelioma and their families large amounts of money based on the company's previous knowledge of the asbestos exposure, which is the sole proven cause for it. 

Nearly all California mesothelioma lawsuits are filed by people who have held laborious positions all their life, including factory workers, those in the automotive industry, demolition crews, and construction crews. These men and women worked hard every day of their lives and in so many cases the company was well aware of the asbestos risks and did little or nothing to inform or protect their employees. 

It's just another example of the wealthy taking advantage of the average. Juries listen to testimony and more often than not are willing to award excessive sums of money to the victims of Mesothelioma. Insurance companies are then forced to pay the claims, only in much higher amounts than would have been necessary had they simply paid the initial claim. 

Insurance companies have much more stringent requirements than juries. Insurance companies have the right to initially deny claims until they are forced to pay. Juries are asked to form opinions based solely on reasonable doubt and presented evidence. Juries are fallible. Juries come with their own thoughts and feelings and experiences that create the filters in which they hear evidence being presented. 

A jury reviewing a Mesothelioma case that is comprised of upper echelon and society's elite is likely to award nominal sums for cases than a jury comprised of laborers, artists, and retirees reviewing the same Mesothelioma case. 

Mesothelioma has had enough press that most people recognize that it is caused by asbestos and typically can only be ignored by the people who hold a position of power. Asbestos laws are not stringent enough to prevent future cases of Mesothelioma. People with annual income of less than $75,000 are more likely to identify with victims than those with annual incomes over $100,000. Those who fall in between are likely to hear the case for what it is. 

The insurance companies aren't willing to place their financial future in the hands of juries quite so readily any longer, and legislation is continually making it more difficult for hard working middle to lower class people to present their Mesothelioma cases in court. 

More often than not, insurance companies have various rules in place that protect them. Speaking to a California mesothelioma lawyer immediately after diagnosis even if you have not yet decided to file a lawsuit is recommended. Should you choose to file, the lawyer has already advised you of the basic requirements necessary to continue with the filing of the Mesothelioma lawsuit. 

Without this information, it is possible to make an innocent mistake that can cost you the right to your benefits. The insurance company is willing to work very hard to deny you the basic coverage under asbestos related laws, it only make sense to respond with someone working hard on your side to protect your rights against insurance company regulations. It is not a disease that can be contracted by a poor diet or unhealthy habits. Mesothelioma has been proven to be caused only by prolonged exposure to asbestos.

Whether you are not receiving fair benefits or treatment from your insurance company in regards to your Mesothelioma or not, you may be able to file a lawsuit. It is possible that you are entitled to many benefits that you are unaware of. Unfortunately, it is a crippling and terminal disease. 

Often in these cases there are more benefits available to the victim within their rights provided by the law than they are aware of, and it is not likely that the insurance company is going to make the offer. A qualified California mesothelioma lawyer can fully explain the benefits available to you and your family in a much more user friendly fashion than even the best insurance company.

Source by:Nick Johnson http://www.nickjohnsonlaw.com

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