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 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 mesothelioma settlement has been paid, both parties file a notice with the court that the case has been dismissed.
Because corporations may value their public image nearly as much as large sums of money, such defendants may also stipulate in a mesothelioma settlement that such an agreement does not constitute an admission of wrongdoing, and additionally may restrain the plaintiff from discussing the case with other persons (such as reporters or investigative journalists). Those provisions should be bargained for and may be the reason for the offer or the amount of the offer.
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