Attorney’s Perspective: Why Some Cases Go to Trial

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When someone is diagnosed with mesothelioma, one of the first steps toward justice and financial relief is hiring an attorney to pursue legal action. Many of these cases end in settlements, where asbestos companies agree to pay victims or families without going to trial. However, not every case settles. Some go all the way to court, where juries decide the outcome.

From an attorney’s perspective, the decision to push a mesothelioma case to trial is strategic, deliberate, and always in the client’s best interest. This article explores why some mesothelioma cases go to trial, how attorneys prepare for them, and what this means for victims and their families.

Why Most Mesothelioma Cases Settle

  • Speed of Compensation: Settlements often provide quicker financial relief for victims in urgent need of medical care.
  • Certainty: Settlements avoid the unpredictability of jury decisions.
  • Lower Costs: Trials require more expert witnesses, depositions, and court time.
  • Client Health: Because mesothelioma progresses quickly, many victims prefer faster resolutions.

Yet despite these advantages, attorneys sometimes decide a case must go to trial.

Attorney’s Perspective: Why Some Cases Go to Trial

1. Unfair Settlement Offers

Attorneys often negotiate aggressively with asbestos companies. If defendants make lowball offers that don’t reflect the true value of the case—medical costs, lost income, and suffering—attorneys may recommend trial.

2. Strong Evidence Against Defendants

When attorneys uncover “smoking gun” evidence—like internal memos proving companies knew asbestos was dangerous—they know juries are likely to award higher compensation. This motivates attorneys to push for trial rather than accept a settlement.

3. Possibility of Punitive Damages

Settlements cover compensatory damages, but only jury trials can award punitive damages—extra money meant to punish corporations for reckless misconduct. Attorneys go to trial when they believe jurors will be outraged by company negligence.

4. Jurisdiction Advantage

Certain courts are historically more favorable to asbestos victims. Attorneys may strategically push for trial in these jurisdictions to maximize verdicts.

5. Setting Legal Precedent

Some cases involve unique legal arguments or exposure scenarios. Attorneys may push them to trial to set a precedent that helps future victims.

6. Client’s Wishes

Ultimately, the client has the final say. Some victims or families want their day in court, preferring justice in front of a jury over a private settlement.

How Attorneys Prepare Cases for Trial

Even when expecting settlement, attorneys prepare every mesothelioma case as if it will go to trial. This strategy ensures defendants know they are serious. Preparation includes:

  • Investigating Exposure: Reviewing military service, employment, and asbestos product histories.
  • Gathering Medical Evidence: Linking asbestos exposure directly to mesothelioma diagnosis.
  • Expert Witnesses: Doctors, occupational safety experts, and economists testify about damages.
  • Trial Simulations: Attorneys practice opening arguments, cross-examinations, and jury persuasion.

Real Outcomes from Mesothelioma Trials

  • $250 Million Verdict (2003): A steel plant worker received one of the largest asbestos verdicts in history.
  • $117 Million Verdict (2018): Attorneys won against Johnson & Johnson in a talc-related mesothelioma case.
  • $75 Million Verdict (2017): A New York construction worker secured one of the state’s biggest verdicts.
  • $70 Million Verdict (2014): A Navy veteran was awarded millions after shipboard asbestos exposure.

These outcomes show why attorneys sometimes prefer trials: juries can deliver life-changing awards that settlements cannot match.

Risks of Going to Trial

From an attorney’s perspective, every decision balances risks and rewards. Risks include:

  • Time: Trials can take 12–24 months, compared to faster settlements.
  • Uncertainty: Juries may award less than expected—or even side with defendants.
  • Client Health: Some victims may not live to see the end of trial.

Attorneys carefully explain these risks so clients can make informed decisions.

Average Compensation: Settlement vs. Trial

  • Settlements: $1 million–$1.4 million on average.
  • Trial Verdicts: $5 million–$10 million, with some exceeding $100 million.
  • Trust Fund Claims: $30,000–$180,000 per claim.
  • VA Benefits (for veterans): Monthly disability and survivor payments.

Trials may result in much higher compensation, but settlements guarantee faster relief.

Frequently Asked Questions

1. Do most mesothelioma cases go to trial?
No. The majority settle before trial, but attorneys prepare for trial in every case.

2. Why would a company risk trial instead of settling?
Some corporations believe they can win or reduce payouts. Others want to discourage future lawsuits.

3. Can veterans go to trial for asbestos cases?
Yes. Veterans cannot sue the government but can sue asbestos manufacturers in jury trials.

4. How long does a trial take compared to settlement?
Settlements may resolve in months, while trials often last 1–2 years.

5. Can families continue cases if the victim passes away during trial?
Yes. Attorneys convert them into wrongful death lawsuits so families still receive justice.

6. Do attorneys charge fees upfront for trials?
No. Mesothelioma attorneys work on contingency fees—you pay nothing unless they win.

Conclusion

From an attorney’s perspective, mesothelioma cases go to trial when settlement offers are unfair, when evidence is overwhelmingly strong, or when the chance for punitive damages outweighs the risks. Trials are demanding, but they often result in record-setting verdicts that change lives and hold corporations publicly accountable.

For victims and families, the decision is always personal. With the right attorney, clients receive honest guidance, aggressive representation, and the confidence of knowing their case—whether settled or tried—will be handled with the utmost dedication.

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