Introduction
Mesothelioma is a rare and aggressive form of cancer that is primarily caused by exposure to asbestos. It is a challenging disease to treat, and it can take several years for symptoms to manifest. Unfortunately, many workers who were exposed to asbestos on the job did not receive adequate protection, resulting in the development of mesothelioma.
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation through a settlement or lawsuit. However, what happens if you don’t like the settlement that is being offered? In this article, we will explore your options and what you can do if you find yourself in this situation.
What is a Mesothelioma Settlement?
A mesothelioma settlement is a legal agreement between the plaintiff (the person filing the lawsuit) and the defendant (the company or entity responsible for the asbestos exposure). The settlement is an alternative to going to trial and can sometimes be a quicker and less expensive solution to resolve the case.
The amount of the settlement is typically determined by factors such as the severity of the illness, the level of asbestos exposure, and other economic and non-economic damages. However, what happens if the settlement offered is not enough to cover your expenses and you don’t like the offer?
What Are Your Options?
If you don’t like the settlement offer, there are several options available to you. These include:
1. Reject the Offer
If the settlement offer is not enough to cover your expenses or you feel that you are entitled to more compensation, you can reject the offer. However, rejecting a settlement offer can be risky as there is no guarantee that you will receive a better offer in the future.
2. Negotiate a Higher Settlement
If you believe that you are entitled to more compensation, you can try negotiating a higher settlement with the defendant. This can be done through your mesothelioma lawyer, who can present your case and argue for a higher settlement amount. However, negotiation requires a willingness to compromise, and the defendant may not be willing to increase the offer.
3. File a Lawsuit
If negotiations fail, you can file a lawsuit against the defendant. This can be a lengthy and expensive process, and the outcome is not always guaranteed. However, if you are successful, you may be entitled to a higher amount of compensation than what was offered in the settlement.
4. Take Your Case to Trial
If your case goes to trial, a judge or jury will determine the amount of compensation that you are entitled to. Going to trial can be a lengthy and expensive process, and there is no guarantee that you will receive a higher amount of compensation than what was offered in the settlement.
5. Accept the Settlement Offer
If you feel that the settlement offer is fair and reasonable, you can accept it. This can be a quicker and less expensive solution to resolve the case, and you will receive compensation without having to go through a trial.
What Are the Risks of Rejecting a Settlement Offer?
Rejecting a settlement offer can be risky as there is no guarantee that you will receive a better offer in the future. Factors such as changes in the law, evidence, and the defendant’s financial situation can all affect the outcome of your case. In addition, going to trial can be a lengthy and expensive process, and there is no guarantee that you will receive a higher amount of compensation than what was offered in the settlement.
What Should You Consider When Deciding to Reject a Settlement Offer?
When deciding whether to reject a settlement offer, you should consider several factors. These include:
1. Your Expenses
Consider your medical expenses, lost wages, and other economic damages. Will the settlement offer be enough to cover these expenses?
2. Your Mesothelioma Lawyer’s Advice
Your mesothelioma lawyer has experience in negotiating settlements and going to trial. Consider their advice when deciding whether to reject a settlement offer.
3. Your Future Expenses
Consider your future medical expenses and the likelihood of being able to work in the future. Will the settlement offer be enough to cover these expenses?
4. The Strength of Your Case
Consider the strength of your case and the evidence in your favor. Will going to trial result in a higher amount of compensation?
5. Your Emotional State
Consider your emotional state and your desire to resolve the case. Is accepting the settlement offer the best decision for your emotional wellbeing?
What Should You Do if You Reject a Settlement Offer?
If you decide to reject a settlement offer, you should consider the risks and benefits of going to trial. You should also discuss your options with your mesothelioma lawyer and decide on the best course of action for your case.
Table: What if I Don’t Like Settlement on Mesothelioma Case?
| Option | Risks | Benefits |
|---|---|---|
| Reject the Offer | No guarantee of a better offer. Going to trial can be expensive and lengthy. | You may receive a higher amount of compensation. |
| Negotiate a Higher Settlement | The defendant may not be willing to increase the offer. Negotiation requires a willingness to compromise. | You may receive a higher amount of compensation without going to trial. |
| File a Lawsuit | Lengthy and expensive process. The outcome is not always guaranteed. | You may be entitled to a higher amount of compensation than what was offered in the settlement. |
| Take Your Case to Trial | Lengthy and expensive process. There is no guarantee of a higher amount of compensation. | You may be entitled to a higher amount of compensation than what was offered in the settlement. |
| Accept the Settlement Offer | You may feel that the settlement offer is not fair or reasonable. | Quicker and less expensive solution to resolve the case. |
FAQs
1. What options do I have if I don’t like the settlement offer?
If you don’t like the settlement offer, you can reject the offer, negotiate a higher settlement, file a lawsuit, take your case to trial, or accept the settlement offer. However, each option comes with its own risks and benefits.
2. What should I consider when deciding whether to reject a settlement offer?
Consider your expenses, your mesothelioma lawyer’s advice, your future expenses, the strength of your case, and your emotional state.
3. How long does a mesothelioma settlement negotiation take?
The length of time it takes to negotiate a mesothelioma settlement depends on the complexity of the case and the willingness of the defendant to negotiate. It can take several weeks or several months.
4. How much compensation am I entitled to in a mesothelioma settlement?
The amount of compensation you are entitled to in a mesothelioma settlement depends on factors such as the severity of the illness, the level of asbestos exposure, and other economic and non-economic damages.
5. Can I file a lawsuit if I don’t like the settlement offer?
Yes, you can file a lawsuit if you don’t like the settlement offer. However, going to trial can be a lengthy and expensive process, and there is no guarantee that you will receive a higher amount of compensation than what was offered in the settlement.
6. What happens if I reject a settlement offer?
If you reject a settlement offer, you can negotiate a higher settlement, file a lawsuit, take your case to trial, or accept the settlement offer.
7. How long does a mesothelioma lawsuit take?
The length of time it takes to resolve a mesothelioma lawsuit depends on the complexity of the case and the court’s schedule. It can take several months or several years.
8. Can I negotiate a higher settlement myself? h3>
It is not recommended that you negotiate a higher settlement yourself. A mesothelioma lawyer has experience in negotiating settlements and can present your case and argue for a higher settlement amount.
9. What are the risks of rejecting a settlement offer?
The risks of rejecting a settlement offer include no guarantee of a better offer and going to trial can be expensive and lengthy.
10. What should I do if I reject a settlement offer?
If you reject a settlement offer, you should discuss your options with your mesothelioma lawyer and decide on the best course of action for your case.
11. How do I know if a settlement offer is fair?
A settlement offer is fair if it compensates you for your economic and non-economic damages and covers your expenses. Consider consulting with your mesothelioma lawyer to determine if the settlement offer is fair.
12. Can I appeal a mesothelioma settlement?
It is not possible to appeal a mesothelioma settlement. Once a settlement is reached, it is final.
13. How do I find a mesothelioma lawyer?
You can find a mesothelioma lawyer by researching online, asking for referrals from friends and family, or contacting a mesothelioma advocacy group.
Conclusion
If you don’t like the settlement offer in your mesothelioma case, you have options. You can reject the offer, negotiate a higher settlement, file a lawsuit, take your case to trial, or accept the settlement offer. However, each option comes with its own risks and benefits, and it is essential to consider your expenses, your mesothelioma lawyer’s advice, and the strength of your case before making a decision. Remember, you have the right to receive fair compensation for your illness, and a mesothelioma lawyer can help you navigate the legal process.
Take Action
If you or a loved one has been diagnosed with mesothelioma, contact a mesothelioma lawyer to learn about your legal options and how to receive compensation for your illness.
Closing Disclaimer
The information in this article is for educational purposes only and should not be construed as legal advice. Each case is unique, and it is essential to consult with a mesothelioma lawyer to determine the best course of action for your case.
