5 Things Mesothelioma Victims Should Consider Before Heading to Court
Nicole Winch | April 6, 2021
After a mesothelioma diagnosis, many patients and their loved ones struggle to cover medical bills and general living expenses. However, as a victim of asbestos exposure, you have compensation options available to help offset some of these expenses.
You may be thinking that you have to go to court in order to receive any compensation. However, that is not always the case when it comes to mesothelioma claims. More times than not mesothelioma cases will settle outside of court.
It is up to you and your lawyer to determine which financial option is best for you. Here are five tips to consider before deciding to head to court.
Understand Your Different Legal Options
After you made the decision to take legal action, it’s important that you understand the different types of mesothelioma lawsuits. There are three types of claims that you or your loved ones can file:
- Wrongful death claim
- Personal injury claim
- Asbestos trust fund claim
Each one of these claims is aimed at recovering compensation that is rightfully yours. There are significant differences between these options, but an experienced attorney will be able to determine which one is right for your case.
Is the Timing Right?
When it comes to a cancer diagnosis, timing is usually everything. Patients and their loved ones need compensation sooner rather than later. A settlement can bypass all the stress and time it takes for your case to go through court. You are also guaranteed to receive compensation.
While you can fight for a larger payout in court, the process can take years to reach a final verdict. Years that your family will not have the compensation they deserve. This is mostly due to companies that make appeals after appeals. Accepting a settlement eliminates this risk and expedites the time it takes for your family to be financially secure.
Know Your Needs and Goals
If a lawsuit is filed, you could be offered a settlement. In this case, you want to make sure that what you are offered is fair and meets your goals. There are damages that can be negotiated such as:
- Lost wages
- Medical expenses
- Pain and suffering
- Emotional damage
When you receive a settlement that meets your needs and goals, you should consider settling. However, your lawyer will be prepared to make any settlement negotiations to get you the compensation that’s owed to you.
The Strength of Your Case is Important
Receiving a settlement offer doesn’t guarantee you will win in court. Taking your case to trial means that a judge and jury will determine the verdict of your case. Mesothelioma cases that go to court pose a greater risk because of a higher degree of uncertainty.
While your attorney will be up to date on the details of your case, you should also be aware of the evidence and strength of your case. Knowing these specifics about your claim can help you determine if going to court is right for you.
However, patients who do seek a verdict may have a chance at receiving a larger payout compared to a settlement. Unfortunately, they also risk receiving nothing at all.
Find An Experienced Mesothelioma Lawyer
It’s important to fully understand your case before making any big financial decisions. Hiring a lawyer at a national firm is the first step in receiving fair financial compensation. The top mesothelioma firms will be able to answer all your questions and help guide you in making the best decision possible.
At Bullock Campbell Bullock & Harris, our team of experienced attorneys have helped countless mesothelioma patients recover the compensation they deserve. We understand that taking legal action during a time like this may seem like a daunting task. However, our lawyers have the resources and expertise to handle every aspect of your case from beginning to end. Contact us today to see how we can help you and your family.