Facing a mesothelioma diagnosis is overwhelming, and the thought of navigating legal matters can be daunting. An experienced mesothelioma lawyer can help you understand the process and make informed decisions. One important aspect they can assist with is evaluating settlement offers versus going to trial for a verdict. A mesothelioma lawyer has the experience and knowledge to determine whether a settlement offer adequately compensates for medical expenses, pain and suffering, lost income, and other damages. They will carefully review the terms of the settlement and negotiate on your behalf to ensure that you receive fair compensation.
In some cases, going to trial may be the best option if the offered settlement is insufficient. A mesothelioma lawyer will guide you through this decision-making process, explaining the potential advantages and disadvantages of both options. Don’t hesitate to contact an attorney handling mesothelioma cases you for compassionate assistance and support during this challenging time.
Understanding Settlement Offers
When you file a mesothelioma lawsuit, the defendant or their insurance company may choose to offer you a settlement instead of going to trial. A settlement offer is a negotiated agreement where both parties agree to resolve the case outside of court. It typically involves the defendant agreeing to pay a certain amount of money to the plaintiff in exchange for the plaintiff dropping the lawsuit.
Settlement offers can vary widely, depending on the specific circumstances of your case. They can range from a few thousand dollars to several million dollars. The amount offered will depend on factors such as the severity of your illness, the extent of the defendant’s liability, and the strength of the evidence against them.
You always have the choice and discretion to decide whether to accept a settlement offer. If the offer does not work for you, it is always possible to go to trial.
Benefits of Settlements
- Timely Resolution: Accepting a settlement offer can provide a quicker resolution to your case. Going to trial can be a lengthy and stressful process, and a settlement can save you months or even years of litigation.
- Certainty of Outcome: Trials can be unpredictable, and there is always a risk that you may not receive the desired outcome. By accepting a settlement, you can have certainty about the compensation you will receive.
- Avoiding Additional Costs: Trials can be expensive. Accepting a settlement can help you avoid the costs associated with legal fees, expert witnesses, and court proceedings.
- Privacy: Settlement negotiations are typically confidential, meaning that the details of your case will not become public record. This can be important for maintaining your privacy.
Potential Drawbacks of Settlements
A settlement may not be in your best interests for several reasons. Defendants may offer settlements that are lower than what your case may be worth. They may hope that you accept the offer out of fear or financial need. You may be able to get more money if a jury decides the amount of damages, but you are always taking a risk. Having a mesothelioma lawyer on your side can help you evaluate settlement offers to ensure they adequately compensate for your damages.
If you accept a settlement, you are giving up your right to pursue further legal action against the defendant. This means that if you later discover additional evidence or your condition worsens, you will be unable to seek additional compensation.
Going to Trial
In some cases, accepting a settlement offer may not be in your best interest. If the defendant’s offer does not adequately compensate for your damages or if liability is strongly in your favor, going to trial may be the better option. Going to trial allows you to present your case before a judge or jury and potentially receive a higher verdict award.
Benefits of Going to Trial
- Potential for Higher Compensation: By going to trial, you have the opportunity to present your case and potentially receive a higher verdict award than what was offered in the settlement.
- Sending a Message: Going to trial can send a strong message to the asbestos companies responsible for your illness. It can help hold them accountable for their actions and potentially prevent future harm to others.
- Access to Additional Compensation: If there are multiple defendants involved in your case, going to trial can provide an opportunity to hold each defendant accountable and seek compensation from multiple sources.
Potential Drawbacks of Going to Trial
Trials can be unpredictable, and there is always a risk that you may not receive a favorable verdict. If that happens, you might not get any compensation whatsoever. A jury can decide that you should get less money than the defendant would have paid. You should carefully evaluate the strength of your case and discuss the potential litigation risks with your mesothelioma attorney before deciding to go to trial.
Trials can be time-consuming and may extend the duration of your legal proceedings. This can result in additional stress and emotional strain. You may simply not want to have the hassle and burden of a trial. Further, it may cost you more money if your case goes to trial. Typically, your mesothelioma attorney receives a higher percentage of your jury award than they would get in a settlement (depending on your fee agreement). Further, you may need to foot the bill for various court costs from your award before you can receive money for your case.
A Mesothelioma Attorney is Your Best Ally
Deciding between accepting a settlement offer or going to trial is a complex decision and should be made with the guidance of a mesothelioma lawyer. They have the knowledge and experience to evaluate your case and determine which option is best for you. Whether you choose to accept a settlement or go to trial, a mesothelioma attorney will be by your side every step of the way, ensuring that your rights are protected and that you receive fair compensation for your damages. Don’t hesitate to reach out to a mesothelioma attorney near you for
