Settlement vs Trial: At a Glance
| Factor | Settlement | Trial Verdict |
|---|---|---|
| Average amount | $1M – $1.4M | $5M – $11.4M (but higher risk) |
| Timeline | 6 – 18 months | 1 – 3 years |
| Certainty | Guaranteed outcome | Risk of zero if jury rules for defendant |
| Confidentiality | Often confidential | Public record |
| Stress | Lower — less courtroom time | Higher — depositions, testimony, waiting |
| Probability of success | ~95% of cases settle | ~5% reach verdict; plaintiffs win ~70% of those |
| Patient health impact | Resolution possible before health declines | Case may outlast patient's health |
| Attorney recommendation | Most cases | Strong cases with clear liability and high damages |
What Is a Mesothelioma Settlement?
A settlement is an agreement between you (or your estate) and one or more asbestos defendants — typically the manufacturers of the asbestos-containing products you were exposed to — in which they pay a specified sum of money in exchange for you releasing your legal claims against them.
Most mesothelioma settlements are confidential, meaning neither party can disclose the exact amount. Settlements can be reached at any point in the litigation — before trial begins, during trial, or even after a verdict is rendered but before an appeal is decided.
Key advantages of settlement:
- Guaranteed compensation — no risk of walking away with nothing
- Faster resolution — important when a patient's health is declining
- Less stress — no courtroom testimony, cross-examination, or public proceedings
- Multiple defendants can settle simultaneously, maximizing total recovery
- Settlements from some defendants can proceed while trial proceeds against others
What Happens at a Mesothelioma Trial?
When a mesothelioma case goes to trial, a jury hears evidence about the plaintiff's exposure history, the defendants' knowledge of asbestos hazards, and the damages suffered. If the jury finds in the plaintiff's favor, it awards damages — which can include economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, loss of consortium).
Trial verdicts in mesothelioma cases can be significantly larger than settlement amounts. According to data from the RAND Institute for Civil Justice, average mesothelioma trial verdicts have historically ranged from $5 million to over $11 million — significantly higher than the typical settlement. However, verdicts can be appealed, reduced by courts, or lost entirely.
When a trial may be the right choice:
- The defendant is offering an inadequate settlement and refuses to negotiate reasonably
- There is overwhelming evidence of corporate knowledge and deliberate concealment
- The plaintiff is relatively young and otherwise healthy enough for the process
- Maximum compensation is the priority and the patient has time to wait
- The case is in a favorable jurisdiction with a history of large asbestos verdicts
How Mesothelioma Settlements Are Negotiated
Settlement negotiations in mesothelioma cases are complex because there are typically multiple defendants — each manufacturer of each asbestos-containing product you were exposed to. Your attorney will file suit against all potentially responsible defendants and then negotiate separately with each.
Factors that influence settlement amounts:
- Medical severity: mesothelioma diagnosis typically yields higher settlements than asbestos-related lung cancer
- Exposure documentation: the more clearly your attorney can document which specific products you used, the stronger the case against each manufacturer
- Jurisdiction: cases filed in plaintiff-friendly jurisdictions (New York, California) often command higher settlements
- Defendant's legal exposure: how many plaintiffs the defendant is facing across the country affects their willingness to settle quickly
- Your age and health: courts can grant expedited trial dates for ill plaintiffs, which creates urgency for defendants to settle
The Third Option: Asbestos Trust Fund Claims
Many mesothelioma patients overlook that asbestos trust fund claims are separate from — and in addition to — lawsuits. Over 60 companies that manufactured asbestos products established bankruptcy trust funds before going out of business. Filing claims against these trusts does not affect your right to sue other defendants who are still in business.
Most mesothelioma attorneys file trust fund claims and civil lawsuits simultaneously. Trust fund payments typically arrive within 30 to 90 days of a completed claim — often providing cash flow to patients while the lawsuit proceeds. The total recovery from trust funds plus lawsuit settlements or verdicts is typically substantially higher than either alone.
Frequently Asked Questions
Approximately 5% of mesothelioma cases that are filed as lawsuits ultimately go to trial. The vast majority — roughly 95% — settle before a jury reaches a verdict. The threat of trial (and the credible risk of a large verdict) is what motivates defendants to offer substantial settlements.
Mesothelioma settlements can sometimes be reached in as little as 90 days when a case is filed on an expedited basis due to a serious medical condition. More typically, the process takes 6 to 18 months from filing to settlement. Courts can and do grant expedited trial dates for mesothelioma patients, which creates pressure on defendants to settle quickly.
No. Once a signed settlement agreement is executed and payment is received, the claim against that defendant is permanently resolved. This is why it is critical to ensure you are satisfied with the settlement amount before signing. Your attorney should walk you through all the terms and explain what you are giving up before any settlement is finalized.
If a mesothelioma patient dies during litigation, the case typically converts to a wrongful death action filed by surviving family members. Many states allow the estate to continue the personal injury case as a survival action as well. The financial recovery available in a wrongful death case can be substantial, though it may differ somewhat from a personal injury verdict in scope.