How Long Does an Asbestos Claim Take?
Getting asbestos compensation can take time. Choosing the right mesothelioma lawyer can speed up the process, but many other factors can also affect the timeline. The experienced asbestos lawyers at Bergman Oslund Udo Little will ensure you understand the mesothelioma lawsuit process so you can better prepare for what’s to come and set realistic expectations.
Chandler H. Udo, Partner, Bergman Oslund Udo Little Last Updated: September 24, 2024
- Mesothelioma claims can take from several months to several years to resolve.
- Each stage of the process you have to complete lengthens the overall asbestos litigation timeline, so it is important to get started as soon as possible.
- If you die while your claim is pending, your case may continue for the benefit of your loved ones without a significant delay in the proceedings.
- Working with an experienced mesothelioma lawyer at Bergman Oslund Udo Little can help expedite the process.
How Long Does It Take to Get Mesothelioma Compensation?
The mesothelioma lawsuit timeline is not one-size-fits-all. Several factors can affect how long it takes to settle an asbestos case, including:
- The strength of the evidence linking the illness to asbestos exposure
- The type of claim you pursue, such as an asbestos trust fund claim or a lawsuit against an asbestos company
- The number of defendants involved in the case and their willingness to settle
- The quality and experience of your mesothelioma lawyer
Generally, mesothelioma claims can take anywhere from several months to several years to resolve. Some jurisdictions expedite mesothelioma personal injury cases due to their time-sensitive nature. Those cases often take just a few months to reach a settlement or verdict.
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Mesothelioma Compensation Timeline
No two mesothelioma claims are exactly alike. However, there are certain steps that most mesothelioma claims follow, which can provide a roadmap for an often-overwhelming process. You can expect the following timeframe from a typical mesothelioma personal injury or wrongful death claim.
A mesothelioma lawsuit can take different periods depending on whether the mesothelioma client is living or has passed away from the disease. For Example, If the person lives in Washington, you can get a trial date as fast as six months, and the case can be completed in that time. These cases can move quickly, which we do very frequently and have a lot of expertise in.
Chandler Udo – Partner at BOUL
Step 1: Preparation and Filing
The first step is to find a mesothelioma lawyer. Your lawyer will investigate, analyze medical records and other information, and determine the possible asbestos-exposure sources. They will use this evidence to determine which companies are responsible for the illness and what your case is worth. The length of time it takes to investigate each claim varies for every case. The most important thing is expending the time necessary to investigate all avenues of potential asbestos exposure in order to come up with the best strategy for your case.
If your lawyer believes a personal injury or wrongful death claim is the best path forward, they will compile this evidence into a complaint or petition. This legal filing details why you seek compensation and kick-starts the litigation process. It can take several weeks or months to complete this stage of the process.
Step 2: Response
In this phase, the defendant has the opportunity to respond to the claim. They may accept liability and negotiate a settlement or deny responsibility for the illness. Either way, the case will likely proceed to discovery, but the defendant could make a settlement offer at any point.
This phase’s length often depends on your jurisdiction’s rules for how long a defendant has to respond. Many jurisdictions have deadlines of 30 days.
Step 3: Discovery
The discovery phase is often the most time-consuming part of a mesothelioma claim. Both parties will exchange information and evidence related to the case, including medical records, witness statements, corporate records, and other documents.
During discovery, the defendant may ask you to give a deposition in which you will answer questions about your asbestos exposure, symptoms, and medical history. The defendant may also ask for a medical examination by their doctor. Whether or not a deposition is necessary depends on the strategy in each case along with an assessment of an individual’s health.
All these steps are necessary to ensure both sides clearly understand the case’s facts and can make informed decisions. Discovery can take anywhere from several weeks to several months to complete.
Step 4: Settlement or Trial
Most mesothelioma cases never go to trial. Instead, they settle out of court, often through negotiations between both parties’ legal teams. Many cases can settle within a few months after completion of discovery. If the parties fail to agree on a fair settlement, the case will proceed to trial.
During a trial, both sides will present their evidence and arguments to a judge or jury, who will ultimately decide the case’s outcome with a verdict.
Court backlogs and delays can significantly lengthen the trial process by many months, which is one reason why most parties prefer to settle. There is also risk of an adverse outcome for both sides when a case is decided by a jury. That is another reason why cases settle prior to a verdict. However, if your jurisdiction allows for expedited trials for mesothelioma cases, you may have a shorter wait. For example, in King County, Washington six month trial dates are common for living mesothelioma plaintiffs. If a case proceeds to trial, it typically takes two to three weeks to complete.
What Happens If I Die Before My Case Is Resolved?
The unfortunate reality is that mesothelioma has a low survival rate and a rapid progression. As a result, many patients may not live long enough to see their cases resolved.
If you pass away before you have a chance to file a mesothelioma claim, your family members may file a mesothelioma wrongful death lawsuit. This type of lawsuit would allow your surviving family members to seek compensation for the losses they suffered due to your death.
If the person has passed away, then typically, it can take 18 months to 2 years to have a trial date, so there’s a very significant difference depending on whether or not the person is living at the time they file the case or has passed away.
Chandler Udo – Partner at BOUL
What About My Expenses Before I Receive Compensation?
Mesothelioma’s financial burden can be overwhelming. Documentation of your medical expenses, lost wages, and other financial losses can be critical evidence in your case. Your lawyer can help you determine what types of evidence are necessary, but it will be your responsibility to keep track of all illness-related expenses. It is not necessary to have wage loss or medical bills to pursue a claim. Even if you are retired or have limited to no medical bills, there are still other damages that can be awarded in your case.
You must collect and provide your lawyer with documentation such as medical and travel bills, receipts for daily living assistance, health insurance communications, and any expenses related to alternative treatments. The more information you can provide, the easier it will be for your lawyer to accurately calculate your losses and promptly seek maximum compensation on your behalf.
Our Mesothelioma Attorneys Are Here to Help
You do not need to face your mesothelioma journey alone. Bergman Oslund Udo Little is here to help when you need it most. We understand your case’s importance and urgency.
If you or a loved one has been diagnosed with mesothelioma, contact our team of Washington mesothelioma lawyers or Oregon mesothelioma lawyers for a free case review. The sooner you reach out, the sooner we can begin seeking the justice and compensation you deserve.
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Asbestos Compensation Timeline FAQs
How Do I File a Mesothelioma Claim?
In order to file a mesothelioma or asbestos exposure claim, it is essential to consult with an experienced mesothelioma attorney who specializes in asbestos-related cases.
They will help you gather the necessary medical records, work history, and exposure details, and then proceed to file a claim on your behalf. This can be done through a lawsuit, an asbestos trust fund, or veterans’ benefits, depending on your specific situation.
What Is the Average Settlement for an Asbestos Claim?
The typical settlement for an asbestos claim averages between $1 million and $1.4 million. However, this amount may vary based on factors such as the seriousness of the illness, the length of exposure, and the strength of the case. Settlements are frequently negotiated outside of court to avoid lengthy trials, and the financial stability of the company responsible for the exposure can influence the settlement amount.
Our asbestos attorneys prepare for every case with the possibility of going to trial to secure the best outcomes for our clients.
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