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Should I Accept a Mesothelioma Settlement or Go to Trial?

Posted by Michael Throneberry | Dec 02, 2022

After a person is exposed to asbestos, they may end up developing mesothelioma. This is a rare but fatal type of cancer. After a person is diagnosed with mesothelioma, getting treatment can be expensive. Not only does one need to pay medical bills, but one also needs to pay for transport to and from medical appointments. Mesothelioma can also make it impossible for someone to work. Fortunately, people who develop mesothelioma because of other people's negligence can recover financial compensation from the negligent parties.

There are several ways mesothelioma patients and their families can recover financial compensation from liable parties. Compensation options for mesothelioma patients and their families include settlements, verdicts, VA benefits, and trust funds. Settlements and verdicts are the most popular of all the compensation options available to mesothelioma patients and their families. But which is better — accepting a mesothelioma settlement or going to trial to obtain a verdict? Read on to learn the difference between settlements and verdicts and whether it is best to accept a settlement or go to trial.

What is a Mesothelioma Settlement?

A mesothelioma settlement occurs when the liable party's insurance company offers the victim or their family a payment to prevent a court case. Depending on the specifics of a case, a mesothelioma case can involve multiple settlements from different insurance companies. Usually, an insurance company will offer to settle a mesothelioma case if it realizes the victim or their family has substantial evidence to support their claim. An insurance company makes an initial offer, the plaintiff's attorney negotiates, and then the patient or their family makes the final decision on what amount to take.

Several benefits come with settling a mesothelioma case and avoiding a trial. They include;

  • Faster compensation
  • Eliminating the risk of losing
  • Quicker than trial
  • Privacy
  • Minimizes legal fees

What is a Mesothelioma Verdict?

A mesothelioma verdict is reached after a case proceeds to court. Generally, less than 1% of mesothelioma cases end in a verdict. A verdict determines if the defendant is liable for the victim's illness.

After a verdict is rendered in favor of the victim, an award is made to compensate the victim or their family. If a trial is successful, a victim or their family can recover millions of dollars in compensation.

Unfortunately, trails are unpredictable. If a mesothelioma case proceeds to trial, the judge or jury may end up favoring the defendant. An attorney can help predict the outcome of a case, but they cannot promise a particular outcome to a client.  

Is it Better to Accept a Mesothelioma Settlement or Proceed to Trial?

Whether a person should accept a mesothelioma settlement or go to trial depends on the specifics of the person's case. An attorney can help explain the risks and rewards of accepting a mesothelioma settlement or going to trial. An experienced attorney can help determine which course of action is best. 

Arizona Mesothelioma Lawyers

If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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