Mesothelioma Legal Settlements

You have probably heard about the large 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 issues his/her 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 mesothelioma victim is in the advanced stages of the disease, it may be in his/her best interest to accept what is known in legal terms as a settlement.

Remember the Purpose of a Lawsuit

There is no argument that the behavior of corporations in the matter of asbestos has been beyond reprehensible. This may anger you, and it should. Juries have found the men who control these corporations guilty of conspiracy, fraud and oppression (1). All of these are considered criminal acts in most jurisdictions, yet because of the nature of law, the corporation shields them from criminal prosecution except in the most egregious circumstances. This does not prevent juries from assessing punitive damages, which are monetary awards designed to punish corporate malfeasance.

These punitive awards are frequently appealed however. Appellate judges, many of whom have been appointed by a corporate-friendly Administration, have a tendency to reduce or even overturn these punitive awards.

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 other asbestos-related 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. In this case, you may wish to consider an out-of-court settlement.

The Difference

Mesothelioma legal settlements are different from awards primarily in the amount of money involved.  Data from a 2002 RAND Institute study showed that jury awards to mesothelioma victims as of 2001 averaged $6 million; out-of-court settlements averaged around $1 million (2). Large, highly-publicized judgment such as the $55 million awarded to a plaintiff by an El Paso Texas jury are relatively rare however, although they do comprise the largest percentage of all monies awarded in mesothelioma cases (3).

On one hand, a mesothelioma case that reaches verdict is far more likely to be decided in the plaintiff’s favor; juries decided for the plaintiff in 75% of the cases studied (4).

On the other hand, remember that larger awards are likely to be 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 be fortunate to be left with a few hundred thousand dollars.

When a defendant offers a settlement, the amount is likely to be substantially less than the jury award your counsel is seeking. 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 press hold out for a judgment. Again, juries look upon mesothelioma more sympathetically. In addition, because asbestos litigation is considered a mature tort in legal terms, mesothelioma plaintiffs have three decades of precedent and case law available to their lawyers with which to support their arguments (5).

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 such a case on contingency, s/he will be entitled a third (33%) or more 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, your lawyer will typically take a substantially lower percentage. Many court-related expenses will also have been avoided (6).

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 usually include stipulations. The defendant will disavow any liability, and will generally insist that you not speak about the case to the media. In addition, you will 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 simply recover your losses and go home to spend your final days with family and making final arrangements in peace, mesothelioma legal settlements are often the easiest solution.

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