Mesothelioma Legal Settlements
You have probably heard about monetary awards juries are making to victims of mesothelioma and other asbestos-related diseases. Each of these situations represent the culmination of a lengthy, stressful process that begins when the victim files a complaint and ends when the judge or jury issues their ruling at the end of the trial. Between those two events is months, even years of discovery - the fact finding process during which evidence is obtained, examined, analyzed and organized, testimony and depositions, arguments, interviews, and more.
In addition to the stress and strain of litigation, costs in terms of time and money can be considerable. If a malignant mesothelioma victim is in the advanced stages of the disease, s/he may want to discuss options with his/her attorney for resolving the claim, especially if the case is in a court that does not have a docket that accelerates in situations like this. One option may be investigating whether or not there is an interest by any defendant in reaching an out of court settlement of the claim. There is no right to a settlement, but if each party agrees, it may happen.
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Remember the Purpose of a Lawsuit
If you fell that the behavior of corporations in the matter of asbestos has been beyond reprehensible. This may anger you. Juries have found the men who control some of these corporations guilty of conspiracy, fraud and oppression. These actions are, in other instances, sometimes considered criminal acts. But, meothelioma claims are in the civil court not criminal court. In some states, this does not prevent juries from assessing punitive damages, which are monetary awards designed to punish corporate malfeasance.
It is natural to be angry at these institutions and the men who control them. It is natural that you should want to see them punished.
When feeling such anger, it is easy to lose sight of the fact that the main reason for bringing legal action is to recover your medical expenses and lost income, as well as get some compensation for your pain and suffering.
If you are a victim of mesothelioma or another asbestos cancer or disease, you are battling a vicious disease that requires all your strength and resources; you may have only a short time to live which may be better spent with loved ones and in settling your affairs than in litigation. However, that may be the only way to seek justice. Your attorney may convince some or all of the defendants in your mesothelioma lawsuit to resolve your case before trial. This is sometimes called an out-of-court settlement. There is no right to a settlement, but if one is offered to you, you will need to determine if you want to accept it or not.
The Difference
Mesothelioma legal settlements are different from awards. Settlements mean that each party has negotiated their respective positions and have agreed to resolve the matter whereas an award is determined soley by a judge or jury and does not need the approval of the parties. Most importantly is settlements are generally in definite amounts and are to be paid within the time agreed upon. Trial awards are unpredictable and may 
not be paid for quite some time, if at all, if either party appeals the award.
On one hand, a mesothelioma case that reaches verdict may be in the plaintiff’s favor and for a sum of money that satisfies the plaintiff.
On the other hand, to the verdict may be in favor of the defendant or be a number that does not satisfy the plaintiff or is considered too high by the defendant and is appealed by the defendant, or the judge may reduce such an award by remittur. By the time lawyer's fees and legal expenses are deducted, you may have been better off with a settlement amount you thought was low before trial.
When a defendant offers a settlement, and you and your attorney feel the amount is substantially less than the jury award you are counsel is seeking, you will need to make a decision as to whether or not you want to press forward or accept the offer. If you are a malignant mesothelioma victim (as opposed to asbestosis or other non-malignant disease) and have a strong case, your attorney may advise you to hold out for a judgment because, mesothelioma lawyers have three decades of precedent and case law available to them with which to support their arguments.
Nonetheless, the final decision is yours alone. Your lawyer can only advise you; s/he cannot make these choices for you unless you are incapacitated and have given him/her the power-of-attorney to do so.
Typically, when a lawyer takes as complex a case on contingency as mesothelioma cases tend to be, s/he will be entitled 40% of the jury award in addition to compensation for legal expenses such as court and filing fees, payments to expert witnesses and more. On the other hand, when both parties agree to an out-of-court settlement, many court-related expenses can be avoided.
In addition, you will be spared the time and stress of litigation at a time when you need all your resources to fight the disease.
If you choose to accept an out-of-court settlement, you should be aware that the terms of such a settlement may include stipulations. The defendant may disavow any liability, and may insist that you not speak about the case to the media. In addition, you will likely be forfeiting your right to take any further action against that particular defendant.
If your purpose is to help expose corporate wrongdoing and hold them accountable, you should fight on to end. If on the other hand, it's more important to you to recover your losses and go home to spend your final days with family and making final arrangements in peace, mesothelioma legal settlements may often be the easiest solution.