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Asbestos Case: Should You Settle or Go to Court?

Perhaps, one of the most important decisions that you will ever make when you file for an asbestos claim lawsuit, or any type of asbestos-related case, is whether to settle or go to court. Finding a skilled, experienced and highly reputable lawyer will help you make the right decision, with regards to this matter. A good lawyer can give you the best advice on what legal move to make depending on your particular circumstance. While you can expect to be awarded with larger monetary damages should you choose to go to court, a jury verdict isn’t a sure bet. This simply means that it is impossible to predict what will be the outcome of the trial. Even if it looks like the jury will be voting to the plaintiff’s favor, the case can be turned around with a simple technicality. However, if you can prove to the court that there is indeed negligence and that you have suffered a lot because of it, then you can surely take home a huge sum of money when the jury votes in your favor. The amount of compensation that the plaintiff receives will be decided by the jury.

Meanwhile, choosing to settle would mean you are certain to receive money, though the amount will be less than what you will expect when you go to court. When both parties reach a settlement, it means they have agreed on a settlement amount. Most asbestos victims are tempted to settle since it offers them immediate access to the agreed upon amount. Once the plaintiff accepts the deal, the settlement money will be available almost immediately. If you are running out of time and you need money to pay for your piling medical bills, instead of dragging the case to court, if you receive a good and fair offer, it would be a good idea to settle.

Both options offer their own set of pros and cons but at the end of the day you are the only who can answer the question – whether to go to court or accept the settlement offer. Talking to your attorney will help you greatly in making a smart decision.


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