Mesothelioma is a rare cancer that most commonly develops due to asbestos exposure. Complexity arises during mesothelioma compensation lawsuits because victims demand reimbursement for medical costs, lost incomes, and suffering from pain.

When deciding mesothelioma cases, plaintiffs need to determine whether accepting a settlement or moving forward with trial proceedings is the best option. This article explains the differences between receiving mesothelioma settlement payments and participating in mesothelioma trials to assist victims in their decision-making process.

Understanding Mesothelioma Settlements

A settlement occurs when the plaintiff, often the mesothelioma victim or a family member, agrees with the defendant, usually an employer or an asbestos manufacturer, to settle the case before trial. The strong connection between exposure to disease and defendants’ desire to prevent expensive trials leads most mesothelioma cases to settle.

Pros of Settlement

Here are some of the pros of mesothelioma settlements:

Speedier resolution: While settlements can be finalized within weeks or months of negotiation, Mesothelioma cases can take months or even years to go to trial and may require appeals.
Guaranteed compensation: Settlement agreements provide you with certain compensation amounts that eliminate the unpredictability of trial outcomes.

Cons of Settlement

Here are some of the cons of mesothelioma settlements:

Potentially lower compensation: Settlement compensation usually amounts to less money than the award value a jury could grant in court proceedings. If you live in the area, then a mesothelioma lawyer Arizona can help ensure you don’t take an undervalued offer.
Lack of public accountability: Settlements outside public courts allow the defendant to evade court proceedings while minimizing public exposure regarding their role in asbestos exposure cases.

Understanding Mesothelioma Trials

A trial occurs when settlement through negotiation fails, and the case is actually presented to a judge or jury. The trials are less common but can result in significant verdicts, especially with strong evidence of corporate negligence.

Pros of Mesothelioma Trials

Here are some of the pros of mesothelioma trials:

Comprehensive evidence presentation: Trials allow plaintiffs to present a full case, including detailed evidence of asbestos exposure, medical testimony, and corporate documents. This can strengthen the narrative and influence the outcome.
Public accountability: Trials expose defendants’ actions to public scrutiny, potentially deterring future negligence and raising awareness about asbestos dangers. For some plaintiffs, this sense of justice is a powerful motivator.

Cons of Mesothelioma Trials

Here are some of the cons of mesothelioma trials:

Timelines become longer: Trials sometimes last for years, depending on whether a case goes to appeal.
Risk of appeals: In legal terms, even after winning the case, defendants may appeal, which might further delay the payment of compensation.

Endnote

Mesothelioma settlements and trials each offer unique benefits and challenges. Settlements provide speed and certainty but may yield lower compensation and less public impact than trials. Trials offer the potential for substantial awards and accountability but involve longer timelines.