Will My Asbestos Claim Settle or Will It Go to Trial?

Nearly all asbestos claims settle and very few are resolved by a jury verdict. Even most lawsuits that are filed in court settle. Although Satterley & Kelley, PLLC will take cases to trial, the reality is that in most cases, a trial can be risky and expensive for both parties, and they are problems they want to avoid.

It’s up to our clients to decide how their case will be resolved. We usually recommend that reasonable, good-faith settlement offers be accepted, but whether it’s good enough is not our decision.

Why Do Asbestos Claims Settle?

Settling an asbestos claim usually has advantages over going to trial, including:

• Faster resolution: Trials can be lengthy and complex, potentially taking years to reach a verdict. Depending on the judge’s decisions, a verdict in your favor may be appealed, taking more time to resolve. Settlements are normally reached much faster, providing you with relatively quicker access to the compensation you need
• Reduced costs and risks: Trials involve significant costs, no matter the outcome, in money, time, energy, and emotion. Settling can significantly reduce these issues, providing a more predictable financial outcome. Additionally, if your case goes to trial, you risk not getting any compensation or much less than you expected
• Emotional and physical toll: Asbestos-related illnesses can be physically and emotionally draining. Avoiding the stress and anxiety of a lengthy trial can be beneficial to your health and well-being
• Focus on treatment and recovery: Settling your claim allows you to put the claim behind you so you can focus on your health, recovery, and family when, because of your condition, you may not have a lot of time left to do so

Settling also has potential drawbacks, including lower compensation. You’ll accept a discount in exchange for the certainty and speed of a settlement. It may be less than what you could be awarded if a trial went well.

What Will Help Me Get a Better Asbestos Claim Settlement?

All lawsuits have one thing in common – the stronger the evidence supporting the plaintiff, the better the chances of a positive outcome (including settlements). The better the cards in your hand, the more likely you’ll win the game.

Evidence that helps increase a case’s settlement value includes:

• Documents and testimony link the defendant’s products to your exposure
• Medical evidence clearly shows you have an asbestos-related disease. Asbestos fibers nearly always cause mesothelioma, so an accurate diagnosis is evidence asbestos caused your disease
• You followed the product’s instructions and warnings (if any) and took reasonable steps to protect yourself from asbestos exposure
• You follow your physician’s treatment advice and do your best to limit the harm you suffer
• Claims of your past and expected future financial losses are well-documented

The better the evidence we have, the less a defendant will want a trial, the more they should be willing to pay to prevent having to defend themselves in court.

What Might Cause My Case’s Settlement Value and Counter-Offer to Drop?

The opposite of the above will cause problems for you:

• Weak evidence connecting you to the defendant’s products. You have a poor memory of where and when you worked, and there’s little or conflicting evidence of what was used
• The medical evidence doesn’t clearly establish your illness was caused by asbestos, and an expert hired by the defense disputes you have an asbestos-related condition
• You ignored product and workplace instructions and warnings when you used asbestos-containing products
• You didn’t follow reasonable medical advice, and your condition worsened faster than it would have otherwise
• Your work history is spotty, and or you worked “under the table” for cash, so the evidence of what you earned in the past is weak, also damaging your claim for future income losses

Just as an unreasonable defendant may offer too little to settle, an unreasonable plaintiff may demand too much. Satterley & Kelley, PLLC has handled thousands of asbestos cases over the years, and we have a good grasp of a case’s settlement value. Our clients can accept or refuse our settlement advice, but we have good reasons to give it.

There’s no denying someone with mesothelioma has a right to be angry and feel those who harmed them should be punished. But that’s not how the legal system works. Settlements are contracts that end disputes, so both parties put these claims behind them. They’re not meant as punishment.

Demanding far more than a case’s value may result in no counter-offer, and negotiations may grind to a halt. If you’ll only accept what you ideally would get from a sympathetic jury, the defendant may prefer to run the risks of a trial, given your case may be dismissed or a jury might award much less than your settlement demand.

Call Us Today for A Free Consultation

Satterley & Kelley, PLLC, lawyers are your boots on the ground if you or a loved one in Kentucky has mesothelioma or another asbestos-related disease. Call our Louisville office at 855-385-9532 or complete our online contact form and schedule a free initial consultation so we can discuss possible compensation for the harm you suffer.