Can I Settle a Mesothelioma Case Out of Court?

If you or a loved one has been diagnosed with mesothelioma, you may be wondering whether it’s possible to avoid the stress of a courtroom battle. The answer is yes — many mesothelioma cases are resolved without ever going to trial. In fact, depending on your circumstances, you may be able to secure compensation through out-of-court settlements and asbestos trust fund claims, allowing you to focus on your health and family rather than prolonged litigation.

In this guide, we’ll explain the options for resolving a mesothelioma case out of court, the advantages and disadvantages of each, and how an experienced mesothelioma lawyer can help you make the best decision for your situation.

Understanding Out-of-Court Settlements

An out-of-court settlement is an agreement between you (the plaintiff) and the defendant(s) to resolve your claim without going to trial. In mesothelioma cases, this usually involves one or more of the following:

• Negotiated settlements with asbestos companies or their insurers.
• Asbestos trust fund claims filed against bankrupt companies that have set aside money to compensate victims.

For many families, these approaches are less stressful and quicker than pursuing a full trial.

Option 1: Filing Lawsuits That Lead to Settlements

Even if you file a mesothelioma lawsuit, it doesn’t mean you will end up in court. In fact, the majority of cases are settled during the pre-trial phase. Filing a lawsuit can give your attorney leverage during negotiations, often resulting in higher compensation than what’s offered initially.

Advantages of filing a lawsuit that settles before trial:

• Potentially higher payouts compared to trust-only claims.
• Ability to hold active companies accountable.
• Option to pursue multiple defendants at once.

Potential disadvantages:

• More legal steps and documentation.
• Slightly longer timelines than trust claims alone.

Option 2: Pursuing Only Asbestos Trust Fund Claims

For some families, avoiding lawsuits altogether is the preferred choice. Asbestos bankruptcy trusts currently hold over $32 billion to pay claims to victims of asbestos exposure. These trusts were set up by companies that went bankrupt but were required by law to set aside money for current and future victims.

Advantages of trust-only claims:

• Faster payouts — some within 90 days.
• Less paperwork and stress than litigation.
• No need to attend court hearings.

Potential disadvantages:

• Payouts may be lower than combining trust claims with lawsuits.
• Limited to companies that have established trusts.

Deciding Which Path Is Right for You

Every mesothelioma case is unique. Your attorney will help you weigh the pros and cons of each approach based on:

• Your health and prognosis — If your illness is progressing quickly, a faster resolution may be best.
• Your exposure history — The number of companies responsible and whether they have trust funds.
• Your financial needs — Urgent medical costs or household expenses may make quick payouts a priority.
• Your personal preferences — Some families prefer to avoid lawsuits entirely; others want to pursue every available source of compensation.

At MesotheliomaAttorney.com, we meet with you and your family to review your options and create a plan that matches your goals.

How a Lawyer Helps Settle Out of Court

An experienced mesothelioma law firm can handle all the heavy lifting so you don’t have to deal with the stress of the legal process. This includes:

1. Investigating your exposure history to identify all responsible companies.

2. Determining eligible trust funds and preparing claims with the required evidence.

3. Filing lawsuits strategically (if chosen) to encourage early settlement offers.

4. Negotiating with defendants to secure fair settlements without trial.

5. Maximizing your total recovery by combining trust fund payouts with settlements when possible.

Balancing Speed and Maximum Compensation

Choosing an out-of-court resolution doesn’t mean sacrificing compensation — but it does require careful strategy. A good mesothelioma lawyer will balance speed with maximizing payouts, ensuring you receive as much as possible in the shortest reasonable time.

For example, your legal team may start with trust fund claims for quick relief, then work on settling lawsuits in the background to secure additional compensation. This layered approach ensures you’re not waiting years for help while still holding negligent companies accountable.

Frequently Asked Questions About Settling Mesothelioma Cases Out of Court

Do I have to go to trial to get compensation?
No. Most mesothelioma cases settle before trial or are resolved entirely through trust fund claims.

Can I get money from both trust funds and settlements?
Yes. Many clients pursue both, which can significantly increase total compensation.

How fast can I get a payout from a trust fund?
Some asbestos trusts pay within 90 days once your claim is approved.

Will settling out of court lower my compensation?
Not necessarily. Skilled negotiation can still secure substantial settlements without a trial.

If I start with a trust-only claim, can I later file a lawsuit?
Yes, depending on your state’s statute of limitations and other legal factors.

Take the Next Step Toward Justice

Whether you want to avoid a lawsuit entirely or simply want to resolve your case quickly, you have options. At MesotheliomaAttorney.com, we respect your wishes and tailor our approach to your needs. Our goal is to recover the maximum compensation possible while reducing stress for you and your loved ones.

If you’d like to explore out-of-court settlement options for a mesothelioma case, call us today at [PHONE NUMBER] or fill out our online form for a free, no-obligation consultation.