Most of us are so used to watching courtroom dramas, that out of court settlements would seem like the exception instead of the rule. In fact, most civil cases wind up being settled out of court—especially claims related to asbestos exposure, like mesothelioma, where more than 80% end up in settlement. Emotionally, most mesothelioma victims to prefer to see a court verdict against the company liable for such a devastating illness, but a settlement in usually the most pragmatic option.
The Need for Speed
The main reason that mesothelioma victims opt for a settlement instead of trial damages is faster compensation. Even in the few states that can fast track claims involving terminal illness, the charge is serious enough to require a lot of evidence, particularly the tests that led to the patients diagnosis. Most mesothelioma trials last at least a year, during which the patient’s medical costs will probably skyrocket. Mesothelioma settlements can frequently be negotiated in under a year, often preventing the patient from having to tap into his or her savings to cover doctor bills.
Higher Probably of Compensation
Forty years of successful lawsuits against companies liable for asbestos poisoning have created a favorable climate for plaintiffs with a reasonably strong case. With an authoritative diagnosis, most companies prefer mesothelioma settlements to risking further exposure to litigation from other employees, homeowners or consumers (plaintiffs may also wish to keep the details of their condition private, which is impossible in a trial). If the company initially makes a decent settlement offer, there’s a good chance that the plaintiff would win the lawsuit.
Even under these favorable circumstances, settlement may still be a better option. Aside from the length of full trials compared to settlement negotiations, there’s always a chance of losing the case and ending up with nothing instead of a smaller amount. It’s possible to negotiate a quite favorable settlement award with a far less rigorous (and expensive) diagnosis.