Mesothelioma Settlement vs. Trial: Which is Faster?

If you or a loved one has been diagnosed with mesothelioma, you may be considering pursuing compensation for damages, including medical expenses, lost wages, and pain and suffering. In these cases, time is a critical factor due to the aggressive nature of the disease and poor prognosis. One crucial question you might be asking is whether it is faster to settle a mesothelioma case or go to trial. While both options are available, settling a mesothelioma claim is often quicker than going to trial. However, while it is understandable that you want to receive compensation as soon as possible, sometimes a trial is necessary and worth it.

What are Mesothelioma Settlements?

A mesothelioma settlement is an agreement between the defendant and the plaintiff to resolve the case without a trial. With a settlement, the defendant (usually a company responsible for asbestos exposure) agrees to pay a specific negotiated amount to the plaintiff (you or your loved one) in exchange for dropping the lawsuit and giving up the right to pursue further legal action related to the same claim.

In the United States, most personal injury claims, including mesothelioma-related ones, are resolved through settlements. Many defendants and plaintiffs choose to settle to avoid the expense and public exposure associated with a trial. Other benefits of settling a mesothelioma case include;

• Quicker resolution
• Lower stress
• Guaranteed outcome

What is a Mesothelioma Trial?

A mesothelioma trial involves presenting your case in court before a judge and/or jury. The court listens to evidence from both sides and then decides on liability and damages. While trials often result in larger payouts, it is usually a slower and riskier option.

The following are some of the disadvantages of a mesothelioma trial;

• Time-consuming
• Delayed compensation
• Stressful
• Uncertainty

Which Option is Faster?

As you might have already figured out, mesothelioma settlements are usually faster than trials. Many mesothelioma patients and affected families, whose resources, time, and energy are limited, prefer this route. Even defendants usually prefer settling because they know they are responsible and prefer avoiding the expense and publicity of a trial.

However, it is vital to note that how long it takes to settle a mesothelioma case depends on the factors surrounding your case. While settlements are usually faster than trials, some cases can still take several months or even more to settle.

Factors That Can Influence the Timeline of a Settlement

Some of the factors that can affect how long a mesothelioma settlement takes include;

• Number of defendants
• Disputes about liability, extent of damages, or exposure history
• Jurisdiction
• The parties’ willingness to settle

When is a Trial Necessary?

Sometimes, going to trial is better than settling a mesothelioma case. The following are some situations where going to trial might be necessary;

• You have enough evidence to support a high-value court verdict
• The settlement offers are too low
• You want public accountability

Note: Negotiating a settlement during the trial process is still possible. In fact, many cases are settled during the trial process.

Nationwide Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.