Does a Mesothelioma Settlement Ever Make it to Trial or Do Companies Settle Out of Court?

Introduction

First and foremost, it is essential to understand what mesothelioma is and how it occurs. Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos fibers. Asbestos is a naturally occurring mineral that was used in various industries, including construction, shipbuilding, and automotive, due to its heat resistance and durability. Unfortunately, it was later discovered that asbestos exposure could lead to mesothelioma, lung cancer, and other respiratory diseases.

People diagnosed with mesothelioma may have legal options to pursue compensation from companies responsible for their asbestos exposure. The big question is whether these mesothelioma cases ever go to trial, or do companies settle out of court? This article aims to address this concern in detail.

What Happens in a Mesothelioma Settlement?

A mesothelioma settlement is an agreement between the plaintiff and defendant to resolve the case out of court. In such cases, the plaintiff agrees to drop the lawsuit in exchange for compensation from the defendant. The settlement amount can vary depending on several factors such as the severity of the illness, the estimated cost of medical treatment, lost wages, and other damages.

Typically, mesothelioma settlements result from negotiations between the plaintiff’s legal team and the defendant’s representatives. These negotiations may take weeks or even months to reach an agreement. Once both parties agree on a settlement amount, the plaintiff signs a release form, which forfeits their right to pursue any further legal action against the defendant related to the same issue.

Do Companies Settle Mesothelioma Cases Out of Court?

Yes, most companies settle mesothelioma cases out of court as it is a more cost-effective option. Going to trial can be lengthy and more expensive due to the legal fees involved. Additionally, there is always a risk involved in taking a case to trial, and the outcome may not always be in the defendant’s favor.

Therefore, most companies would prefer to settle mesothelioma cases out of court to avoid the uncertainty of a trial, reduce legal fees, and maintain their public image. However, this does not mean that every mesothelioma case is settled out of court. Some defendants may choose to go to trial if they believe they have a strong case or if they want to set a legal precedent.

Factors That Influence Settlement or Trial

Several factors may influence whether a mesothelioma case is settled out of court or goes to trial. These factors include:

Factors	Description
Severity of Illness	If the mesothelioma is in the advanced stages, the plaintiff may be more inclined to settle the case quickly and for a higher amount.
Strength of Evidence	If the plaintiff’s legal team has strong evidence, they may feel more confident about taking the case to trial.
Defendant’s Resources	If the defendant is a large corporation with ample resources, they may be more willing to go to trial to defend their reputation or set a legal precedent.

Advantages of Settlements or Trials

Both settlements and trials have their advantages and disadvantages, and it is up to the plaintiff to decide which option suits their needs best. Some advantages of settlements include:

• Quicker resolution of the case
• Less expensive due to lower legal fees
• Guaranteed payout

On the other hand, advantages of going to trial include:

• Potentially higher payout
• Opportunity to set legal precedent
• Increase in public awareness of the issue

FAQs

1. What is mesothelioma?

Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos fibers.

2. How do people get mesothelioma?

People get mesothelioma by inhaling or ingesting asbestos fibers.

3. What are the symptoms of mesothelioma?

The symptoms of mesothelioma include shortness of breath, chest pain, persistent cough, fatigue, and weight loss.

4. Who can file a mesothelioma lawsuit?

Anyone diagnosed with mesothelioma can file a lawsuit against companies responsible for their asbestos exposure.

5. What types of compensation are available in a mesothelioma settlement?

The compensation available in a mesothelioma settlement can include medical expenses, lost wages, pain and suffering, and other damages caused by the illness.

6. How long does a mesothelioma settlement take to process?

A mesothelioma settlement can take several weeks or even months to process, depending on the complexity of the case.

7. What is the difference between a settlement and a trial?

A settlement is an agreement between the plaintiff and defendant to resolve the case out of court, while a trial is a legal hearing where a judge or jury decides the outcome of the case.

8. How much does it cost to file a mesothelioma lawsuit?

It is essential to note that mesothelioma lawsuits are usually contingency-based, meaning that the plaintiff’s legal team does not charge any fees upfront. However, they may take a percentage of the settlement or compensation amount if the case is successful.

9. Can a mesothelioma case be reopened after a settlement has been reached?

No, a mesothelioma case cannot be reopened once a settlement has been reached and the plaintiff has signed the release form.

10. What happens if a mesothelioma case goes to trial?

If a mesothelioma case goes to trial, a judge or jury will determine the outcome of the case based on the presented evidence and arguments from both the plaintiff and defendant.

11. How can I find a mesothelioma lawyer?

There are several ways to find a mesothelioma lawyer, including online searches, referrals from friends or family members, or contacting legal organizations specializing in asbestos-related cases.

12. Can I file a mesothelioma lawsuit if I am not sure where I was exposed to asbestos?

Yes, you can still file a mesothelioma lawsuit even if you are not entirely sure where you were exposed to asbestos. Your legal team can help investigate and determine the responsible parties.

13. What happens if the defendant files for bankruptcy?

If the defendant files for bankruptcy, the plaintiff may still be able to pursue compensation through a trust fund set up specifically for mesothelioma victims. It is crucial to discuss this option with your legal team.

Conclusion

In summary, mesothelioma settlements are more common than trials as they are a quicker and less costly option for both plaintiffs and defendants. However, several factors influence whether a case is settled or goes to trial. It is up to the plaintiff to decide which option suits their needs best, depending on their circumstances and priorities.

If you or a loved one has been diagnosed with mesothelioma, it is crucial to seek legal advice from an experienced mesothelioma lawyer. They can help you understand your legal options and guide you through the process of pursuing compensation.

Take Action Today

Do not wait until it is too late. Contact a mesothelioma lawyer today to ensure you get the compensation you deserve. Take a step towards justice and fighting for what is right.

Closing Disclaimer

This article is for informational purposes only and does not constitute legal advice. It is essential to consult with a mesothelioma lawyer for specific legal guidance related to your case.