Eleanor
Mediation Specialist
$4.2M
Demand
$1.8M
Last Offer
$2.4M
Gap
73%
Settle Prob
Settlement Analysis — Defense Perspective
⚠️ High Risk
Risk Assessment
1. Liability Exposure
70-80% Plaintiff Verdict
Weakness
Plaintiff worked at Atlantic Maritime shipyard 1978-1983. Asbestos use during this period is well-documented and undisputed.
Weakness
Company safety records show inadequate respiratory protection protocols during plaintiff's employment.
Strength
Plaintiff signed training acknowledgment form in 1979 — creates comparative fault argument.
Strength
5-year employment vs. 10+ years claimed — exposure duration overstated by 2x.
📄 Employment Records
📄 Safety Protocols 1978-83
📄 Training Acknowledgment
Strategic Reality
Liability is likely. The question isn't whether we lose, but how much. Focus on damages reduction and comparative fault to limit exposure.
2. Damages Exposure
$2.5M - $4.5M Range
Factor
Mesothelioma diagnosis confirmed — terminal prognosis, 12-18 months. Jury sympathy will be substantial.
Factor
Plaintiff age 67, married 42 years, three adult children, seven grandchildren. Strong family testimony expected.
Factor
Medical expenses to date: $340,000. Projected remaining care: $200,000-$400,000.
Strength
Lost wages minimal — plaintiff retired in 2015. Economic damages capped at medical + modest future care.
Damages Reality
Non-economic damages are the wildcard. Suffolk County juries average $2.8M in mesothelioma cases. Venue is not favorable.
💰 Strategy
Settlement Strategy
3. Recommended Brackets
Actionable Range
| Position | Amount | Rationale |
|---|---|---|
| Opening | $1.4M | Anchors low, leaves room to move. Signals we're serious but not desperate. |
| Target | $2.2M | Below jury median, accounts for comparative fault, defensible to carrier. |
| Authority | $2.8M | Maximum carrier should authorize. Above this, we're overpaying vs. trial risk. |
| Walk-Away | $3.2M | If they won't come below this, trial becomes mathematically defensible. |
Movement Strategy
Plan for 4-5 moves. Don't jump more than 25% in any single move. Save your biggest concession for when you need to break an impasse. The $1.4M → $1.8M → $2.0M → $2.2M path gives you flexibility.
🧠 Psychology
Plaintiff Psychology
4. What Plaintiff Really Needs
Leverage Points
Insight
Plaintiff is dying. He doesn't want a trial — he wants resolution before he's gone. Time is our ally and his enemy.
Insight
Wife Maria is the real decision-maker. She's terrified of being left with nothing if he dies during trial. Appeal to her security.
Insight
Plaintiff's counsel is on contingency — 40% fee. They have incentive to settle quickly vs. invest trial prep costs.
Factor
Other defendants settling creates allocation pressure. Plaintiff worries about empty chair if we go to trial.
Psychological Approach
Don't push too hard on liability — he's dying, and the mediator will lose patience with scorched earth. Focus on "certainty now" vs. "uncertainty later." Frame settlement as providing for Maria, not as a win for us.
📋 Carrier
Carrier Communication
5. Authority Request Framework
Pre-Mediation
Frame
Position this as exposure management, not capitulation. "We're buying certainty at a discount to trial risk."
Data
Cite Suffolk County verdict data: median $2.8M, mean $3.4M. Our target is below median — we're being smart, not weak.
Defense Costs
Trial prep + trial: $350,000-$450,000 additional spend. Settlement at $2.2M saves that exposure.
Ask
Request $2.8M authority with target of $2.2M. Explain: "I need room to negotiate. Don't make me call mid-mediation for more authority — that signals weakness."
Carrier Pitch
Anticipate pushback on the $2.8M authority. Be ready with: "If we can get this done at $2.2M, that's a win. The $2.8M is insurance against a stubborn plaintiff — I'd rather have it and not need it than need it and not have it."
✅ Recommendation
Bottom Line
Eleanor's Assessment
This case should settle. Liability exposure is real, damages are sympathetic, and the venue is plaintiff-friendly. The plaintiff has strong incentive to resolve before trial — use that.
Target: $2.2M
Open at $1.4M, move methodically, and aim to close in the $2.0M-$2.4M range. Anything under $2.5M is a good outcome given the risk profile. If plaintiff won't come below $3.2M, you have a defensible trial position — but expect a fight.