Why You May Be Offered a Settlement
Frequently, the plaintiff in a mesothelioma lawsuit will be offered a settlement. Many asbestos companies have already lost numerous lawsuits and are aware that they have a shaky or inadequate defense. To try to limit their losses, they may attempt to settle the case for less than they think they will have to pay if a jury finds against them.
Some companies have gone bankrupt and lawsuits with merit filed against them can only be settled and paid out at set levels from a fund. It is also sometimes the case that asbestos manufacturers or employers will try to settle a case in order to limit publicity that may scar their company’s reputation.
Some mesothelioma attorneys are much more experienced at reaching settlements than they are at bringing a case to trial. If your attorney falls into that group, they may encourage you to settle rather than try your case; this can have both benefits and drawbacks depending on the specific details of your case.
There are also numerous other factors that might make a defendant try to settle.
Benefits of Settling Your Case
All cases are different, and you should always discuss your options with your mesothelioma lawyer. However, there are some benefits that may generally apply to settling a lawsuit:
- Lawsuits can take months or even years to complete. A settlement can frequently resolve the issue in less time, although that isn’t always the case.
- Mesothelioma victims can be too sick to participate or would rather spend the precious time they have left with family. A settlement offers them an alternative to court proceedings and typically takes less of their time.
- Accepting a settlement means you usually can be confident you will receive a certain agreed on amount of money. If you take your case to court, the outcome of your case is uncertain until the jury finds. If you lose, you will not receive anything.
Benefits of Trying Your Case
As experienced mesothelioma trial attorneys, we know firsthand the benefits many of our clients have seen from trying their case. Again, these are generalizations and may or may not apply to your specific lawsuit:
- You have the satisfaction of having your day in court. You can face those you believe to be responsible for your or your family member’s asbestos exposure and show them the pain they have caused.
- Settlements can be confidential, and the defendant may specify that the plaintiff is not allowed to disclose the settlement occurred or the amount. This is a way for defendants to avoid public responsibility and guilt that could lead to future losses. If you want the defendant to be publicly found responsible, the courtroom is typically the best way to do that, if the jury finds in the plaintiff’s favor.
- Jury awards can be more than is offered in a settlement. It is also possible that they are less, or that the jury finds in favor of the defendant and the plaintiff ends up with nothing. The outcome depends on the details of your case.
- Evidence presented in court could help other mesothelioma cases. This information goes on public record and can be used in other lawsuits.
Discuss Your Case with a Mesothelioma Lawyer
While this blog is meant to help you understand the typical or general benefits of settling and trying your case, it is not a substitute for an attorney’s informed and experienced counsel. Be sure to discuss the benefits and drawbacks of a trial and a settlement, as they specifically apply to your case, with your lawyer.
