Facing a mesothelioma diagnosis brings a range of challenges. The medical bills, loss of income, and uncertainty about what lies ahead can be a heavy burden. A lawsuit can help you recover compensation for these losses and hold the negligent companies responsible.
Choosing between a settlement and a trial is a key decision in any mesothelioma case. Both provide a path to financial recovery, but each approach works differently. The victim’s attorney will fight for justice and the best possible outcome.
What a Mesothelioma Settlement Involves
A mesothelioma settlement occurs when parties reach an agreement outside of court. Compensation is provided to the individual or their family in exchange for dropping the lawsuit.
Advantages of Settlements
Settlements bring finality to the lawsuit, which can be an emotionally taxing process even under the best of circumstances. Many mesothelioma clients appreciate this sense of finality, freeing them to focus on other aspects of their lives. They also appreciate a resolution that generally occurs far quicker than a trial. Compensation is received in a shorter time frame, allowing clients to cover medical bills and other expenses sooner. This can provide greater peace of mind, especially when the outcome of a trial is uncertain.
Drawback of Settlements
When a case resolves short of trial, neither the client nor the lawyer will ever know what a jury may have rewarded. This can create a sense that perhaps money was left on the table, so to speak, or that the defendants at fault somehow got off light. The rare client may feel that their “day in court” is sacrosanct, and a confidential settlement will never cause a recalcitrant defendant to change its flawed ways.
It’s important to consult with an experienced mesothelioma attorney to work through these concerns and come to a decision that best protects the client’s needs and objectives.
Pursuing a Mesothelioma Case Through Trial
Mesothelioma lawsuit trials are legal proceedings that examine the merits of a claim brought by the victim of asbestos exposure against the companies responsible. They are overseen by a judge, involve witness testimony, and have cross-examination by opposing counsel.
Advantages of Trials
One of the primary advantages of going to trial is the possibility of obtaining greater compensation than that achieved via settlement. Injuries suffered by mesothelioma patients are always severe, which can certainly result in large jury verdicts. Additionally, verdicts are a public record and may receive some media attention, potentially bringing enough publicity to affect future corporate action, at least ideally so.
Drawbacks of Trials
Going to trial can come with material drawbacks. Mesothelioma trials can last several weeks, and clients, particularly those fighting cancer, can find them physically and emotionally draining.
Trials, even under ideal conditions, are inherently unpredictable and at times messy. This means there is always the chance the result may be unfavorable. Many trials end up as defense verdicts, and these cases rarely get the media attention that large wins do. A very real percentage of meaningful jury verdicts end up being reversed on appeal, returning the plaintiff to square one after a lengthy appellate process.
Be sure to speak with your mesothelioma lawyer; they can weigh the benefits against the risks with you before deciding to proceed with a trial.
Trusted Guidance for Mesothelioma Lawsuits
Most mesothelioma lawsuits settle before reaching trial, but choosing how to proceed is a personal decision. Each path comes with its own considerations, and the O’Brien Law Firm works with clients to answer their questions, evaluate their options, and help them move forward with a clear plan.
You deserve lawyers who recognize the seriousness of a mesothelioma diagnosis and pursue compensation accordingly. Our lawyers promise to do just that.
When you’re ready, schedule your free case evaluation by contacting us online or at (314) 588-0558.
