Mesothelioma cases are always challenging, as they involve the devastating impact of asbestos exposure and the resulting life-threatening disease. When it comes to seeking justice and compensation, individuals affected by mesothelioma have two potential paths: legal settlements or jury verdicts. Legal settlements occur when the defendant agrees to compensate the victim outside of court, while jury verdicts are decisions made by a judge or jury following a trial.
Both options have their pros and cons, and understanding the differences between them is vital when navigating the legal process. If you or a loved one is facing a mesothelioma diagnosis, it is always best to consult with an experienced mesothelioma attorney. They will guide you through the challenges of the legal system and help you explore the best course of action for your case. Contact a mesothelioma attorney near you to discuss the options available to you and ensure that your rights are protected during this difficult time.
Legal Settlements: A Path to Compensation without Trial
Legal settlements in mesothelioma cases involve an agreement between the plaintiff (the person affected by mesothelioma) and the defendant (often a company or entity responsible for asbestos exposure). The settlement amount is typically negotiated by the plaintiff’s attorney and the defendant’s legal representatives. The goal of a legal settlement is to provide the plaintiff with compensation for medical expenses, lost income, pain and suffering, and other damages caused by asbestos exposure.
Pros of Legal Settlements
There are certain pros of a legal settlement, these can include:
- Certainty and Speed: Choosing a legal settlement can provide a faster resolution to the case compared to the lengthy process of a trial. Settlement negotiations can occur at any stage of the legal process, and once an agreement is reached, the plaintiff receives compensation sooner.
- Privacy: Settlements are typically confidential, meaning that details of the agreement are not disclosed to the public. This can offer privacy to the plaintiff and their family, allowing them to keep their personal and financial information private.
- Control: By opting for a legal settlement, the plaintiff maintains control over the outcome of the case. While the final settlement amount may be subject to negotiation, the plaintiff has a say in accepting or rejecting any offers.
Cons of Legal Settlements
The drawbacks of a legal settlement include:
- Potentially Lower Compensation: In some cases, the settlement amount may be lower than what can potentially be awarded in a jury verdict. This can be attributed to various factors, including the defendant’s willingness to settle, the strength of the evidence, and the negotiation skills of the attorneys involved. The defendant may also not have the full resources to pay your damages because they have gone bankrupt and established a claims fund.
- Limited Legal Recourse: Once a legal settlement is reached, the plaintiff typically waives their right to pursue further legal action against the defendant. This means that if the plaintiff’s condition worsens in the future or they incur additional damages, they cannot seek additional compensation.
Jury Verdicts: A Decision Made by Peers
Jury verdicts in mesothelioma cases occur when the lawsuit goes to trial and a judge or jury makes a final decision on the case. The jury’s role is to review the evidence presented during the trial and determine whether the defendant is liable for the plaintiff’s mesothelioma and to determine the appropriate compensation to be awarded.
Pros of Jury Verdicts
If the evidence supports the plaintiff’s claim, a jury verdict has the potential to award higher compensation than what may be negotiated in a legal settlement. Juries may consider the plaintiffs’ pain and suffering, medical expenses, lost income, and other damages when determining compensation.
In cases where the defendant’s actions are deemed particularly negligent or dangerous, a jury verdict can set a precedent and hold the defendant accountable for their actions. This can lead to increased awareness and potentially prevent similar harm to others in the future. However, your decision needs to primarily factor in what is best for you and your family.
Cons of Jury Verdicts
Jury verdicts require a trial, which can significantly extend the legal process. Trials involve pre-trial proceedings, the presentation of evidence, witness testimonies, and legal arguments. This can cause additional stress and delay compensation for the plaintiff.
Unlike settlements, the outcome of a jury verdict is not guaranteed. The decision rests with the jury or judge, and there is always a level of uncertainty involved. The plaintiff may be awarded less compensation than expected or receive no compensation at all if the case is not successful.
Your mesothelioma case would rarely go all the way to a jury trial. Defendants often know that they need to settle your case because the outcome can be far worse for them if the case reaches a jury. Then, adequate compensation will depend on what your mesothelioma lawyer can negotiate with the defendant. You always have the right to take your case to jury, even though it will take longer, and there is no guarantee of success.
Choosing the Right Path: Consult with a Mesothelioma Attorney
Deciding between a legal settlement and a jury verdict in mesothelioma cases is a complex decision that should not be made without the guidance of an experienced mesothelioma attorney. An attorney focused on asbestos-related cases can assess the unique circumstances of your case, advise you on the potential outcomes of each option, and help you make an informed decision.
It is important to note that each mesothelioma case is different, and what works for one individual may not be the best option for another. A mesothelioma lawyer can evaluate the strength of your case, negotiate on your behalf, and ensure that your rights are protected throughout the legal process.
If you or a loved one is facing a mesothelioma diagnosis, do not hesitate to reach out to a mesothelioma attorney near you. They can provide the legal experience needed to handle the challenges of the legal system and help you explore the best course of action for your case. Contact an attorney near you to discuss the options available to you and ensure that your rights are protected during this difficult time. Remember, you are not alone in this fight, and there are resources available to support you.
