When you file a mesothelioma lawsuit, you have two options for seeking compensation: settlement or court verdict. Both help cover medical expenses, loss of wages, and emotional suffering. If you’re filing on behalf of a loved one who has passed away due to asbestos-related illnesses, you will also get compensated for funeral costs.
That being said, there are some differences between the two options.
Feeling confused? Here’s a comprehensive breakdown of mesothelioma settlements and verdicts so you can make an informed decision.
What is Mesothelioma Settlement
Most mesothelioma cases are filed against employers responsible for unsafe working conditions or companies that manufactured asbestos products. In many cases, the defendant offers a certain amount as compensation. In short, the mesothelioma lawsuit settlements are settled out of court.
What is a Mesothelioma Verdict
While most mesothelioma cases are settled out of court, some go to trial. As a result, a verdict is made by a judge or jury after the trial. They determine whether the defendant is responsible for the plaintiff’s mesothelioma. Both sides present their arguments and evidence.
Do I Need a Lawyer?
Working with a reliable mesothelioma lawyer is important in both cases. Remember that mesothelioma typically takes 20 to 50 years to develop before symptoms begin to appear, which is why identifying the source of exposure can be challenging. Attorneys from ELSM Law will track down your employment and living history, increasing the chances of fair compensation.
Key Differences
The key differences between a mesothelioma settlement and a verdict include:
Legal Process
This is pretty obvious. In case of a settlement, both parties negotiate before settling on an appropriate amount. In comparison, during the trial, both parties present their arguments, and the judge or jury determines suitable compensation.
Compensation Amount
Mesothelioma settlement generally results in a lower payout compared to verdicts. For instance, the average mesothelioma settlement is $1 million to $2 million. Whereas the average mesothelioma trial verdict reached $20.7 million in 2024.
Certainty
Compensation is guaranteed when you choose to settle the case out of court. This ensures peace of mind. In comparison, a mesothelioma verdict can take months, if not years, to reach a decision. The outcome is uncertain.
Legal Costs
Mesothelioma settlements incur lower costs than verdicts. When your case goes to trial, you have to pay for additional filing costs and expert testimony.
Privacy Protection
Mesothelioma settlements are usually private, whereas verdicts are made public.
Factors Impacting Mesothelioma Settlement and Verdict Amount
Numerous factors impact the compensation amount gained through settlement or verdict. This includes:
- Case strength, which depends on the plaintiff’s evidence and testimony
- Severity of medical symptoms a plaintiff has suffered
- Company negligence or liability
- Company’s litigation history
- Medical expenses
- Lost wages
- Pain and suffering
Which is Better?
Many victims and their families choose to take the settlement because of its certainty and fast payout. However, the amount might not cover all the expenses.
The bottom line is that accepting the settlement or taking the case to trial is a personal choice. Consult with your mesothelioma attorney and ask them to analyze the strengths and weaknesses of your case.
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