Should you settle or go to trial for your mesothelioma case?

By April 21, 2019 Law Firm

So, you are offered a settlement in your Mesothelioma case. What do you do? You are anxious — no doubt — to get your compensation and be done with it. But then, you question yourself and the settlement: is it enough? Is it enough to help your family after cancer takes full control of your body? Is it enough to cover all your bills? Is it enough to cover lost wages and loss of earning capacity? So many questions. In the end, it all comes down to: should you settle your Mesothelioma case or should you go to trial?

This is a valid question, and it is emotionally and physically loaded. A trial takes more time, but it could end with a larger award. Here’s what you should know about settling or going to trial.

What are the advantages of settling your Mesothelioma lawsuit in California?

There are a number of advantages to settling your Mesothelioma case, and here are a few of the biggest advantages:

  • The number one advantage: shorter time frame. It can take a long time for a settlement to finalize, but the time is, by all means, shorter than if the case goes to trial. That matters, especially in these cases where you or your loved one may not have a lot of time — and what you do have, you want it spent with family and friends.
  • The number two advantage: expense. Even though these cases are usually contingency fee-based cases, you will owe your attorney less in fees and expenses because not as much will be spent — trial is very expensive and as such, more will come out of your award, if indeed the judge and jury find in your favor.
  • Settlements are private. The records are sealed and no one will learn of your case or the amount you obtained. You are in control of what is private and what is public information.
  • Settlement requires no proof of liability. That said, the evidence will have to indicate some liability or else why would the defendant settle. But still, you do not have to prove by a preponderance of the evidence that the defendant is liable, and as such, monetarily accountable for your injury.
  • Settlements are less stressful. But to be clear, they are still stressful. Trial, on the other hand, can be very taxing emotionally and physically as well as financially. All of the latter exacerbates your stress and compounds your health. Less stress, therefore, is a benefit in all respects if it means safeguarding your health when it is already so very vulnerable.

What are the advantages of going to trial for your Mesothelioma lawsuit in California?

There are a number of reasons you may choose to take your Mesothelioma case to trial, and here are a few of the biggest reasons:

  • The settlement offer may not be just and fair. You may be anxious to settle, but if the offer is not adequate, then it is an injustice to you and your family. Going to trial may be the only way to get what is rightfully yours. Plus, in some cases, you may be able to get punitive damages. An award at trial is often much greater than what will ever be offered via a settlement.
  • Trials are public record. And though the privacy of a settlement is an advantage to persons who want it all kept private, it can be used as a tool at trial. Knowing the record will be public, the defendant may be more inclined to settle with a better amount than what initially would have been the case.
  • Having your day in court is often a reward in itself. You have suffered and being able to identify the culprit and let the world know what happened to you is therapeutic in many ways.

When determining what to do, you should really consider what it is exactly you want. If it is merely acknowledgement of the wrong done to you and some compensation to make up for it, then by all means, settle. But if you want to make sure that your family is taken care of in the case you die, then by all means, fight.

If you are filing a Mesothelioma claim in California, then you should speak with an attorney. He or she will go over all the pros and cons of settling a case versus going to trial. At Ledger Law Firm, we want what’s best for you, and that’s not always the same for each client. Contact us today to discuss the specific nature of your case and your specific needs.