Asbestos related diseases like mesothelioma or asbestosis can be complicated to prove in court. Lawsuits for asbestos poisoning have been occurred since the early 20th Century, but it wasn’t until the 1970s that a case of mesothelioma actually won a court verdict. In the last two decades, asbestos litigation has exploded, but the fact remains that court awards are the exception rather than the rule. In most cases, victims of asbestos exposure should set aside emotional considerations and opt for an out of court settlement instead of attempting to actually win a trial.

Saving Time and Money

Asbestos trials typically last several years. The consequences for the defendant can be so severe (for instance, opening the door to many subsequent lawsuits), that even in the few states that offer fast track litigation for plaintiffs with terminal conditions, courts are obliged to be skeptical of asbestos claims—especially since mesothelioma lawsuits have skyrocketed since the 1990s. In contrast, mesothelioma lawsuit settlements can be arranged in a few months with the help of an experienced lawyer.

The importance of the time savings cannot be overemphasized. By the time someone first consults a physician for asbestos poisoning symptoms, however ostensibly mild (shortness of breath, for instance), asbestos fibers inhaled decades ago by have already resulted in severe scarring and inflammation of internal organs that was hitherto asymptomatic.

In other words, when patients go in for what seems like a minor symptom, they might discover that they already have a terminal illness. Since medical costs ramp up dramatically in the last months of life, getting compensation sooner rather than later is critical, even if the patient has no legal expenses to cover during a trial. Despite the fact that most legal work for asbestos claims is handled on a “no win no fee” basis, the client needs to track the medical costs.

Since a full-blown trial will require more evidence of asbestos exposure and poisoning than a settlement would, more medical testing and legal due diligence will be involved, meaning that more money will have to be spent. Even in so-called “no win no fee” casework, clients may be required to pay for additional expenses like expert witnesses that wouldn’t have to involved in a settlement negotiation. Get the most experienced asbestos attorney you can find (look for a lawyer with an AV rating in the Martidale-Hubbell directory), even if it requires paying a higher contingency fee. The higher fee is worth it if he or she can negotiate a higher and faster asbestos settlement.