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If you’re planning to pursue compensation through a mesothelioma claim, you might have noticed you have several options. The most common one is a mesothelioma lawsuit, which could be settled out of court or go to trial. Most cases are settled before the trial stage, but clients and lawyers can refuse a settlement offer and take the case to trial when necessary. If you want to feel prepared before you’re presented with this choice, you should understand the pros and cons of settlements and trials.
What Are the Advantages and Disadvantages of Mesothelioma Settlements?
When you initiate a mesothelioma claim against a defendant, they usually offer to settle at some point. This means they will negotiate an amount they’re willing to pay in exchange for ending the case. You and your lawyer can accept or deny the settlement and continue with litigation, possibly going to trial.
The advantage of settling your claim and accepting the defendant’s offer is that you get your money faster than you would with a trial. You won’t have to appear in a courtroom, and you can usually get your compensation within months of filing the claim. This is especially appealing to mesothelioma victims who were given only months to live after their diagnosis, as they don’t want to spend their last months in a legal battle.
On the other hand, settlement amounts are notorious for being much lower than trial verdicts. The actual amounts vary based on several factors, but the average mesothelioma case settlement is around $1 million to $2 million, while trial verdicts often range from $5 million to $11 million. In addition, when you accept a settlement, you agree that you will not file any more lawsuits, so you must be sure you don’t want to pursue additional compensation for your condition.
What Are the Pros and Cons of Mesothelioma Trials?
The main advantage of a trial is the possibility of winning a verdict that far exceeds most settlements. Some mesothelioma patients have won hundreds of millions of dollars as compensation. If you need more money than the average mesothelioma settlement can provide, a trial may be appealing. Note that there is always a chance to settle before the trial begins. In fact, just the threat of a trial can cause some defendants to offer more generous settlement amounts than usual.
Of course, any time you go to trial, there is a risk you will lose. This means you might miss out on mesothelioma compensation altogether if you refuse a settlement and then lose in court. Hiring experienced trial lawyers and having plenty of evidence to support your case can give you a better chance of the outcome you want, but there are no guarantees.
In addition, trials take much more time than settlements, as they can last years. So, if you need money within a few months, going to trial isn’t recommended. This is especially the case if your mesothelioma doctors told you your life expectancy is less than a year, since there is a chance you might not live to see the verdict. Your lawyer will advise you based on the specific circumstances of your case.
Which Legal Option Is Right for You?
Now that you know the pros and cons of different legal routes, you can likely see the appeal of both options. If you’re still not sure which one is right for you, though, it’s okay. One of the most important tasks your lawyer will help you with is deciding whether to settle or go to trial, so you’re not alone when it comes to this decision.
When you start your legal claim, your mesothelioma lawyer will consider the details of your case and give you an idea of whether your goal should be to settle or get a trial verdict. As circumstances change, they will provide updated guidance. For example, if your health worsens or the evidence supporting your case changes, your lawyer will make recommendations based on these factors. To learn more about your legal options as a mesothelioma patient, call 866-FROST-WINS today to speak with caring, skilled attorneys.
