A mesothelioma diagnosis can come as a shock and completely alter an individual’s life. Because of the time sensitivity, it’s necessary to take legal steps to hold those responsible accountable and pursue financial stability.
Regardless of how the exposure occurred, whether on the job or through consumer products, victims have a right to seek justice.
Visit – Mesothelioma Symptoms and Diagnosis | American Lung Association – to learn about mesothelioma, including the symptoms and diagnosis. Filing a claim can send the plaintiff in one of two directions – either settlement or to trial.
There are distinct risks and advantages with each and understand these is essential to making an informed decision.
Many mesothelioma claims resolve via settlement, but some require a trial with a jury verdict. In both situations, a legal team focused on asbestos litigation will help clients evaluate the best route for their particular circumstances.
Before deciding your path, you must weigh factors, such as the legal complexity, timelines, emotional strain, and compensation amount.
Mesothelioma Settlement and Lawsuit Explained
A mesothelioma diagnosis often raises an important decision for claimants: whether to pursue a settlement or a lawsuit.
Qualified legal counsel will typically negotiate an agreement between the parties in a settlement, usually before the start of a trial. It promises compensation and avoids the unpredictability of court proceedings.
Settlements is the preference for most due to the privacy and the speed. They give victims the chance to dedicate time and effort on treatment and family without the stress and strain of dealing with litigation.
When a lawsuit goes to trial, typically the verdict is decided by a judge or jury. Often, verdicts award claimants substantially higher compensation, particularly when punitive damages are included.
Trials are, however, time-intensive and carry the risk of being unsuccessful, meaning the claimant receives no compensation. They are further take an extreme emotional toll.
Quality and extensively qualified legal counsel with Belluck Law provides strategic guidance to help clients assess whether pursuing a settlement or trial verdict is the most effective path based on the strength of the case and individual priorities.
Key Factors When Deciding Between Settlement and Lawsuit
Compensation amounts
An asbestos-related settlement amount typically ranges between $1 and $2 million, while trial verdicts can exceed roughly between $5 million and $20 million, depending on the case and the details surrounding a mesothelioma diagnosis.
Verdicts, however, are not guaranteed and may be reduced or overturned on appeal. Plaintiffs and their attorneys must weigh the potential for a higher payout vs the risk of receiving nothing.
Seasoned attorneys assess the solidity of the evidence, the jurisdictional trends to predict a potential result, and the defendant’s litigation history. Experienced attorneys use expert analysis and past case data to guide their clients toward the most strategic decision for their circumstances.
Time to reach a resolution
Claimants can anticipate faster access to compensation with a settlement, typically a resolution within a year. Trials, on the other hand, can be lengthy, as long as several years in duration, particularly if liable parties seek appeals.
These cases are time-sensitive for claimants undergoing extensive medical treatments or facing shortened life expectancy.
The quicker the resolution, the sooner a claimant can secure in-home care, settle medical expenses, and reduce financial strain. Attorneys can help expedite the legal process by aggressively preparing and negotiating a comprehensive settlement package.
Risk vs guarantee
Once a settlement is negotiated and signed, the compensation is guaranteed. A trial’s outcome depends on the legal arguments and procedural rulings followed by the judge or jury’s perception of the facts that were presented. Even a solid case can falter based on technical challenges or cross-examination.
The right legal team will assess risk tolerance and advise clients accordingly. Many claimants prefer a settlement’s predictability, while others are more risk-tolerant and wait for a verdict with the objective of receiving a higher compensation and achieving public accountability.
Legal costs and resources
Court fees, extended attorney workload/hours, and expert witnesses lead to high costs for trials. Settlements typically have fewer expenses and may be structured to minimize tax liabilities. Most legal teams work on a contingency basis. This means that fees are collected only if compensation is awarded.
Reputable law firms follow a transparent fee structure and help claimants understand the financial implications for settlement and trial. They further manage filings, documentation, and negotiations to reduce the burden from the claimant and their loved ones.
Privacy and public exposure
A settlement offers claimants a certain level of confidentiality, protecting their privacy and shielding sensitive details from public view. A trial, however, puts these details on the public record and has the potential to draw medical attention, particularly in high-profile cases.
Many claimants value discretion and prefer to settle to avoid the publicity of a trial, while others want the responsible parties to be held publicly accountable. This makes a trial the platform in which they can raise awareness. View here for further details on mesothelioma lawsuits.
Mesothelioma Diagnosis and Legal Options: Settlement or Lawsuit?
Deciding between a mesothelioma settlement and a lawsuit will depend on your specific medical circumstances, individual objectives, and the legal strategy. A settlement assures compensation and gives claimants a fast and private path to that end.
A lawsuit is a risky proposition but can result in much higher compensation or possibly none at all following a lengthy trial. Some claimants prefer this platform since they can hold those liable publicly accountable.
A qualified asbestos legal firm helps claimants assess the solutions, prepare a solid case, and advocate for a fair outcome. With thoughtful guidance and strategic planning, mesothelioma claimants can pursue the compensation they deserve and focus on what matters most – their health and loved ones.
