The concept of putting a dollar value on human suffering or loss of life is offensive to most of us. However many people, when faced with mesothelioma or other asbestos-related illness, seek financial compensation to cover medical expenses and to try to regain some of quality of life. This often happens through a lawsuit, often against the victim’s employer. The compensation then either comes in the form of an “award for damages” or through a mesothelioma settlement.
Once a mesothelioma lawsuit begins, there are many decisions. An experienced mesothelioma attorney will can help guide the family members through this process. As the action unfolds, an important decision may be whether to pursue the matter all the way through the trial or to accept a settlement.
A
mesothelioma settlement happens when the plaintiff and the defendant choose to settle the case out-of-court instead of completing the trial. In this situation, the defendant offers the plaintiff cash to avoid or to end the trial process. The amount of the settlement is negotiated between the defendant’s legal team and the victim’s mesothelioma attorney.
The advantages of choosing a mesothelioma settlement instead of damages include:
- They avoid the time and inconvenience of the trial
- They avoid the possibility of losing the case and getting no compensation at all
- They avoid possible delays caused by appeals and other legal tactics from the defendant
One reason a mesothelioma attorney may advise their client to accept a settlement is if the plaintiff’s case appears to be weak. This may be for legitimate legal reasons, or sometimes because the plaintiff just hasn’t won the sympathy of the judge or jury. For example, some victims who developed lung cancer from years of chain smoking have gone to trial and lost.
On the other hand, if the defendant’s lawyers offer a high-priced settlement early in the process, it may be a sign that the plaintiff has a good chance of winning an even higher “award of damages” if they go to trial. In that situation, the victim may end up with much more money in return for enduring the trial. In such cases, the advice of an experienced
mesothelioma attorney is critical to help guide the plaintiff toward the best outcome.
