Asbestos & Mesothelioma Law Blog
Being diagnosed with mesothelioma is traumatic enough. The last thing a claimant in a mesothelioma lawsuit wants is for the judge presiding over their case to declare a mistrial and for things to go back to square one. Unfortunately, while mistrials in mesothelioma lawsuits do not happen a lot, a mistrial can happen. In this article, we discuss what a mistrial is, what can cause a mistrial, and what happens after a mistrial.
What is a Mistrial?
A mistrial arises when a court case is ended before its conclusion. Generally, a mistrial occurs if a lawsuit is not presented properly or the trial is not fair. A mistrial is typically declared by the judge presiding over the case. A judge has the authority to decide to declare a mistrial if the situation warrants a mistrial. A mistrial in a mesothelioma case can cause emotional strain, financial uncertainty, and delays in justice. However, a mistrial in a mesothelioma case does not necessarily mean that justice will not be served. It does not necessarily mean that the claimant will not recover compensation.
Causes of Mistrials in Mesothelioma Cases
Mistrials in mesothelioma cases can occur due to various reasons, including the following;
- Juror misconduct: Mesothelioma cases are heard by judges and jurors. If jurors engage in misconduct, it can result in a mistrial. For example, if jurors consider information or evidence that was not presented during the trial, the judge may declare a mistrial.
- Procedural errors: Mistakes in the legal process, such as errors in the admission or exclusion of evidence or the misapplication of the law can lead to a mistrial.
- Deadlocked jury: A common cause of mistrials is when jurors cannot reach a unanimous decision, resulting in a deadlocked jury. A jury may be unable to agree whether the defendant is to blame for asbestos exposure.
- Prejudicial events: If an event occurs during the trial that prejudices the jury or compromises the trial’s fairness, it may lead to a mistrial.
- Conflicts of interests: Conflicts of interests among attorneys that could compromise the trial’s integrity can lead to a mistrial.
- Unforeseen circumstances: Emergencies, natural disasters, or other unforeseen circumstances can disrupt trial proceedings and result in a mistrial.
What Happens After a Mistrial?
After a mistrial is declared in a mesothelioma case, a common cause of action is a retrial. The court will most likely schedule a new trial. This means that legal proceedings will generally start over, allowing the claimant and defendant to reevaluate their cases. It means that parties will get to present their arguments again. For claimants in a mesothelioma case, a retrial can provide an opportunity to obtain the deserved justice and compensation.
Mistrials can also create opportunities for negotiating settlement agreements. After a mistrial in a mesothelioma case, the defense side may be more inclined to settle the case outside of court as retrials can be time-consuming and costly.
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 pay for your medical treatment.