Follow your heart sweetie, but I agree with the others here, I would not meet him, and let it go to court,it seems settling out of court would be the easy option for him,maybe if hubby can deal with it alone , then let him go, it may well be a good move on his part, to see if this guy is genuinely sorry for what he did, not that it is going to make much difference for your sad loss.

I wish you well, and hope this can all be sorted without anymore suffering on your part, HUGS.