Choosing a Mesothelioma Settlement vs. Damages

The concept of putting a dollar value on suffering or loss of life is offensive to most people. However when faced with mesothelioma or other asbestos-related illness, many people seek financial compensation to cover medical expenses and to try to regain a measure of quality of life.  This often happens by initiating a lawsuit, usually against the victim’s employer.  The compensation then comes in the form of an “award for damages” or a mesothelioma settlement.

Once a mesothelioma lawsuit has begun, there are many decisions to make.  An experienced mesothelioma attorney will be able to guide the family members through this process.  One important decision may be whether to pursue the matter all the way through the trial or to accept a settlement.


A mesothelioma settlement occurs when the plaintiff and the defendant choose to settle the case out-of-court instead of going to trial.  In this situation, the defendant offers the plaintiff a sum of money to avoid or to end the trial process.  The amount of the settlement is negotiated between the defendant’s lawyers and the plaintiff’s mesothelioma attorney.
The advantages to the plaintiff of choosing a mesothelioma settlement include:
- Avoiding the time and inconvenience of the trial process
- Avoiding the possibility of losing the case and getting nothing
- Avoiding possible delays caused by appeals and other legal tactics

A mesothelioma attorney may advise their client to settle if for any reason the plaintiff’s case appears to be weak.  This may be for legitimate legal reasons, or sometimes because they just haven’t won the sympathy of the judge or jury. For example, some victims who developed lung cancer from smoking have gone to trial and lost, receiving nothing.

On the other hand, if the defendant’s lawyers offer a high-priced settlement early in the process, it may be a sign that the plaintiff has a good chance of winning an even higher “award of damages”.  In that situation, the plaintiff may end up with much higher compensation in return for enduring the trial.  Again, the advice of an experienced mesothelioma attorney is critical in such cases.


Loni Love - Author