Technically, a malignant malignant mesothelioma settlement is different from an award, or award of damages.. The word "settlement" usually means that the parties have settled out-of-court, either prior to commencement of court proceedings, during the trial at some point prior to the judge's ruling, or any time thereafter.The offer of a mesothelioma settlement or the willingness to accept a settlement is often more a question of power than of justice.
Either party to a mesothelioma lawsuit may offer to settle for a number of reasons; the defendant may wish to avoid negative publicity, or the expense of extended litigation. If the plaintiff's case is a weak one, or if the judge and/or jury appear to be leaning in favor of the defendant, the plaintiff's lawyer may advise him/her to accept a settlement. A plaintiff may also offer to settle simply to avoid the time, expense, and psychological and physical strain of a lengthy court proceeding.On the other hand, if a defendant offers to settle when the plaintiff's case is going well, it may indicate that the defense expects to lose the case. If this is the situation, the plaintiff's attorney will either (A) recommend that s/he not accept the offer, or (B) attempt to negotiate the highest settlement possible.
In any event, the lawyer can only advise the client; s/he is obliged to act in accordance with the client's wishes, regardless of what the best course of action may be, or the lawyer may withdraw as counsel. If the plaintiff accepts a settlement, it constitutes a contract between him/her and the defendant in which the plaintiff agrees not to pursue or (in the case of a trial already underway) continue legal action. Once the settlement has been paid, both parties file a notice with the court that the case has been dismissed.
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