Why Accepting a Premature Mesothelioma Settlement Can Be a Costly Mistake

If you are sick from asbestos exposure, you might be tempted to accept a premature mesothelioma settlement. However, before making that decision, consider the information provided in this blog.

You may discover that hiring an experienced mesothelioma attorney is a better way to go to get the mesothelioma settlement amount you deserve.

What Does a Premature Mesothelioma Settlement Mean?

The important word here is “premature.” Mesothelioma settlements in and of themselves can be very good things. In fact, settlements are how most people who file mesothelioma lawsuits receive compensation.

However, premature settlements are settlements that come too early. An early settlement can limit your right to pursue other means of compensation. To get the money, you give up your right to seek compensation from a mesothelioma trust or to claim additional compensation through the court system.

The companies that exposed you to asbestos jump at the chance to offer you as little financial compensation as possible. That saves them time and money. They are not focused on what is the best thing for you.

Why Do People Accept Quick Mesothelioma Settlements?

Like other aggressive forms of cancer, mesothelioma is debilitating and exhausting. You may not be able to work. But you still have your routine bills to pay. Add to this the cost of treatment and the pressures of daily living, and the temptation to accept a premature compensation offer can be overwhelming. ^{(1) (2)}

Your mesothelioma treatment options may include anything from different combinations of chemotherapy to multiple surgeries to radiation. You may require different types of postoperative care or palliative care. ⁽³⁾

Depending on your specific circumstances, your costs could end up climbing into hundreds of thousands of dollars. Treatment costs may also include hospital visits, anesthesia, specific diagnostic imaging tests, and the drugs used for your treatments. You also need to consider the costs of prescriptions, follow-up doctor visits, and home health care. ⁽⁴⁾

Why Companies Push Early Settlements — and What’s Hidden Behind Them

Sometimes early settlements can be an advantage for everyone involved. One of the most obvious advantages is a faster resolution. Litigation can take months, even years.

Another is cost. A lengthy litigation process involving the court system can be very expensive.

However, you should know why companies may push for early settlements. Those reasons may not be in your best interest.

Good for the Company But Not for Your Family

For example, a defendant may offer what you think is a good amount of money. But companies don’t want to risk a big jury verdict, so you’ll want to consult an experienced mesothelioma lawyer before making any settlement decision. 

Another reason a defendant may seek an early settlement is that the company is covering up information it doesn’t want you to know about. The sooner you settle, the less time your attorney spends on investigating and digging for information.

Also, companies may look at the math and offer compensation for specific costs, such as your medical bills, treatments, and lost wages. However, that compensation can’t begin to cover all possible future costs or damages for your pain and suffering. Also, more than likely, companies aren’t thinking about your family’s pain and suffering, and future expenses.

Plus, most companies are probably happy to settle to avoid any negative press. Negative press can really hurt a company’s reputation and bottom line. ^{(5) (6)}

The Hidden Costs of Settling Too Soon

When you’re dealing with a mesothelioma diagnosis, you’re thinking of all the pressures you’re facing right now. You might not be thinking about the expenses to come weeks or months from now.

However, you need ongoing treatment. Ongoing treatment might include immunotherapy, radiation, and palliative care. As part of your treatment, there are also hidden costs, costs you might not think about right away. For example, you need to cover costs for travel as well as consider the costs of your caregiver. ^{(7) (8)}

You are also likely not able to work. You may lose not only your income but also your benefits. Another major consideration is future inflation and the cost of home care needs.

Why Waiting Can Strengthen a Mesothelioma Case

Sometimes the best thing you can do is wait. You may feel like nothing is happening with your case. But be assured, your experienced mesothelioma attorneys are doing the very important work of developing your case and conducting discovery. ⁽⁹⁾

Basically, to develop and prosecute your case, your attorneys are gathering as much information as possible. They are collecting documents regarding your full medical and occupational history as evidence. They are also identifying every liable company and applicable trust. During discovery, they share this information as well as demand related information from companies they determine injured you. Your attorneys work hard on finding out as much as they can, to convince the companies you are suing your case is solid and strong. ⁽¹⁰⁾

This leverage can mean higher-value negotiations once a company knows how much the deck is stacked against it. Providing stronger evidence and seeking compensation from multiple sources often means higher financial recoveries for you and your family.

Being patient is a way of taking care of yourself. You are protecting your long-term rights to the treatment you need, as well as the support your family needs.

How Can a Mesothelioma Lawyer Prevent Clients from Being Pressured into Bad Settlements?

Dealing with a mesothelioma diagnosis is hard enough. You’ve got the physical challenges of living with the disease itself. You also have to organize your time, try to handle your fatigue, and manage your concerns about your family and your future.

The last thing you need is pressure from the companies you are suing to get on with things and make a premature decision about a settlement. This is where experienced lawyers can really make a difference. They make it their priority to take the heat off you. They shield you from the pressure tactics corporate defense teams use to wear you down.

An experienced mesothelioma law firm has one main goal: getting you the full compensation you deserve. Our lawyers calculate potential future medical costs and know how to access multiple compensation sources. They know how to negotiate with defendants and use the legal strategies necessary to secure the best outcome possible for your circumstances.

How Weitz & Luxenberg Helps Protect Your Family’s Future

If you’ve been diagnosed with mesothelioma, the companies that harmed you would love for you to settle early. That’s what’s in their best interest. However, a premature settlement is not in your best interest.

Insurance companies typically make a lowball offer up front. But as an experienced mesothelioma law firm, Weitz & Luxenberg knows this tactic. We’ve been going up against large companies for decades. We know who the usual culprits are.

Even better for our clients, the offending companies know who we are. They don’t want to risk a prolonged and expensive litigation process. They justifiably fear a major jury verdict for our clients. So, they’ve gotten used to settling with us — over and over again.

Also, we are highly experienced in processing claims for bankruptcy trust funds, which can start paying within months, not years. We can guide you on which monies to accept early in the case, and which ones to wait for, so that together you get the maximum possible recovery.

You don’t have to go it alone. Weitz & Luxenberg has helped tens of thousands of families make informed, strategic choices to get the compensation they deserve. We can help you.

Frequently Asked Questions (FAQs)

Can I Reopen a Mesothelioma Case After Settling?

Generally, no, you cannot reopen a mesothelioma case after settling with a defendant. Settling means reaching a final outcome that everyone agrees to. All parties involved sign that document, and the case is considered closed. ⁽¹¹⁾

What’s the Average Timeline for a Mesothelioma Lawsuit or Claim?

Most mesothelioma cases are settled and don’t go to trial. The process usually takes 18 months or less. Cases that go to trial can take longer, often years.

Who Decides the Value of a Mesothelioma Case?

If your case goes to trial, the jury decides the value of your mesothelioma case. In the case of a settlement, your attorney and the attorneys for the defendant negotiate your compensation.