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Most civil cases settle or resolve without going to trial because trial is time-consuming, costly, and risky. There’s always the chance that a verdict will go against you, regardless of how good your case seems to be on paper. This applies to asbestos cases too. But when an asbestos-mesothelioma case does go to trial, that means the attorneys (on both sides) have evaluated all the factors and decided that trying the case is worth it. Read on to learn more.
Why Asbestos Cases Go to Trial The main reason a case goes to trial is that the parties have reached an impasse in settlement negotiations. Asbestos cases usually have multiple defendants, but almost all of the defendants settle or are dismissed without going to trial (some asbestos defendants may be bankrupt too). If your case does go to trial, it’s usually because one or a few defendants are not making settlement offers that your attorney can recommend accepting. If your asbestos case does go to trial, be aware that costs can escalate at this stage.
The largest cost will go to expert witnesses, who are essential to building a case and who charge thousands of dollars for trial testimony. Generally there are two areas of dispute: your asbestos disease and a defendant’s liability. Defendants could argue that your asbestos disease is not as serious as you think, or that the disease was not caused by asbestos. The defendants might also accept your medical claims while arguing that they are not responsible for your exposure to asbestos.
Since the largest portion of damages in an asbestos case usually apply to pain and suffering, which is difficult to put a value on, there might also be a significant disagreement on the settlement value of your case. If your case does go to trial, be aware that costs can escalate at this stage. The largest cost will go to expert witnesses, who are essential to building a case and who charge thousands of dollars for trial testimony. (More: Costs in a Personal Injury Case.)
Why Asbestos Cases Go to Trial The main reason a case goes to trial is that the parties have reached an impasse in settlement negotiations. Asbestos cases usually have multiple defendants, but almost all of the defendants settle or are dismissed without going to trial (some asbestos defendants may be bankrupt too). If your case does go to trial, it’s usually because one or a few defendants are not making settlement offers that your attorney can recommend accepting. If your asbestos case does go to trial, be aware that costs can escalate at this stage.
The largest cost will go to expert witnesses, who are essential to building a case and who charge thousands of dollars for trial testimony. Generally there are two areas of dispute: your asbestos disease and a defendant’s liability. Defendants could argue that your asbestos disease is not as serious as you think, or that the disease was not caused by asbestos. The defendants might also accept your medical claims while arguing that they are not responsible for your exposure to asbestos.
Since the largest portion of damages in an asbestos case usually apply to pain and suffering, which is difficult to put a value on, there might also be a significant disagreement on the settlement value of your case. If your case does go to trial, be aware that costs can escalate at this stage. The largest cost will go to expert witnesses, who are essential to building a case and who charge thousands of dollars for trial testimony. (More: Costs in a Personal Injury Case.)
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