Asbestos lawsuits take around 12 months to 18 months to settle, depending on case complexity. The process includes investigations, discovery, and negotiations. Avoiding a trial is generally the preferred option, with 95% of cases settling without the need for it. However, they may be required if the defendant refuses to settle, which will prolong the process but may result in a higher payout.
Claimants should be most aware of their ability to simultaneously file multi-defendant lawsuits and trust fund claims, but also be wary of the Statute of Limitations deadlines, which range between 1 and 3 years.
Filing an asbestos lawsuit is a significant step for mesothelioma patients and their families seeking compensation. However, many people are unaware of what happens next in the asbestos lawsuit process.
Understanding the asbestos lawsuit process will reduce stress and prevent you from missing deadlines set by the Statute of Limitations (which varies from 1 to 3 years depending on your state).
This blog provides a comprehensive overview of what happens after filing an asbestos lawsuit, whether against a solvent company or in a trust fund claim against a bankrupt company. It covers each step of the litigation process, including the initial filing, the defendant’s response, the discovery phase, settlement negotiations, and the trial process if necessary.
You’ll also learn the expected mesothelioma case timelines, potential delays, and what to expect regarding payouts and settlements. This information is for educational purposes only and does not constitute legal advice.
By understanding these key aspects, mesothelioma patients and their families can better navigate the legal process and set their expectations accordingly.
The Asbestos Lawsuit Process: Step by Step
Once you’ve confidently chosen your legal defense, here are the next steps to filing an Asbestos claim and the typical mesothelioma case timeline:
Step 1: Initial Consultation and Case Evaluation
To begin any asbestos claim process, you need to first consult an experienced mesothelioma attorney to evaluate your case.
At Shrader & Associates, we offer free initial consultations to help assess the strength of your claim and identify the potential parties responsible for your mesothelioma. We will guide you through every step of the process, allowing you to make the decisions that feel right.
An initial meeting typically takes between 45 minutes and 1 hour. During it, your chosen firm will review any medical records or other documents you’ve brought along to trace your asbestos exposure history and begin identifying the responsible manufacturers or employers.
By working with a no-win, no-fee firm (like Shrader & Associates), legal support is open to anyone.
Step 2: Investigation and Evidence Gathering
Your legal team will then begin their investigations, collecting medical records, employment history, and other documentation proving mesothelioma causation. They will also identify the responsible parties, such as former employers or asbestos product manufacturers.
This process typically can take between a few weeks and a couple of months, depending on your case complexity.
Shraders & Associates’ extensive database and experience allow us to efficiently dig deep into employment records, military service records, product records, and corporate records from defendant companies. These can then be used alongside your medical diagnosis documentation and testimonies from coworkers and witnesses to prove asbestos exposure.
Step 3: Filing the Lawsuit
Once enough evidence is gathered, your attorney will file a mesothelioma claim in the appropriate jurisdiction, officially starting the legal process.
Generally, a mesothelioma lawsuit is filed approximately 2 months after your initial consultation. It includes formally naming the defendants, detailing the facts of exposure, and stating the damages sought. At this point, it’s about informing the defendant before negotiations begin.
The jurisdiction in which the case is filed can be significant. Firstly, because it can affect payout amounts and procedural rules. But, also because of the Statute of Limitation, most states apply a deadline of 1-3 years from the date of diagnosis, but it can vary.
That’s why it’s highly advised to consult an asbestos attorney immediately after your diagnosis to avoid any deadline issues. Missing a deadline can mean the right to compensation is missed entirely.
Step 4: Defendant’s Response
After filing an asbestos claim, the defendants (the companies being sued) receive notice and must respond. They typically have around 30 days to respond, depending on the state.
They can either accept responsibility and seek a settlement, deny liability and fight the lawsuit, or file motions to dismiss the case.
Step 5: Discovery Phase
If the defendant does not immediately accept responsibility, the discovery phase will begin.
During discovery, both sides exchange evidence. This includes depositions where the plaintiff or family members provide testimony, witness statements confirming the mesothelioma diagnosis, and document collection, such as work history and corporate records.
You can also expect interrogatories (which are written questions shared between parties) and expert testimonies, such as from medical experts who can link the diagnosis to exposure.
This process can last between 6 months and 1 year, but it can be expedited by many courts for mesothelioma cases, given the severity of a mesothelioma diagnosis.
Step 5: Settlement Negotiations
Over 95% of mesothelioma lawsuits end in settlements rather than going to trial, as the defending party realizes their wrongdoing and wants to avoid a prolonged and expensive court process, to avoid punitive damages, and to limit public exposure of internal documents.
However, out-of-court settlements will likely still require negotiation. Negotiations can take weeks to months, depending on the strength of the evidence, the defendant’s willingness to settle, and the number of defendants involved.
They can take weeks to months to settle, with the value determined by factors such as
- The severity of diagnosis and prognosis
- Strength of evidence linking exposure to defendant’s products
- Number of defendants
- Jurisdiction
- Medical expenses incurred and projected
- Lost income and earning capacity
- Pain and suffering
According to the litigation‑analysis service and news outlet “Mealey’s”, the average mesothelioma settlement is around $1 million to $1.4 million.
Step 6: Trial Process (If No Settlement Is Reached)
If a settlement isn’t reached, the case moves to trial.
The asbestos trial process includes jury selection, opening statements, presentation of evidence and witness testimony, closing arguments, jury deliberation, and the final verdict. Trials can last a long time, and if successful, compensation may be awarded for medical expenses, lost wages, and pain and suffering.
The trial can last several weeks, but may be 1 to 2 years from filing. If the defendant appeals a verdict, compensation payouts can be delayed further.
However, on the flip side, it can result in significantly higher settlements, with the average trial verdict bringing in $5 million to $11.4 million. At Shrader & Associates, we have successfully represented clients in all 50 states and won a total of $1 billion in settlements and trial verdicts.
Disclaimer: Note, however, that each case is unique and that past results do not guarantee future outcomes.
Payouts and Settlements: What to Expect
Once a settlement is reached, initial compensation payouts often begin within 90 days. Court approval, if required, can take an additional 30–90 days, with final disbursement occurring a few months thereafter. If the case goes to trial and results in a favorable verdict, defendants may appeal, potentially delaying compensation. According to Mealey’s® Litigation Report, the average asbestos payout from a mesothelioma settlement ranges from $1 million to $1.4 million.
Asbestos Trust Fund Claims: A Parallel Path to Compensation
You may also be able to make an asbestos trust fund claim in addition to your lawsuit.
Many asbestos manufacturers filed for bankruptcy in the 1980s, but were required by courts to establish ‘Trust Funds’.
These asbestos trust funds secured funds for current and future victims who were exposed to asbestos due to the negligence of the manufacturers. There are around 60 active trusts today, with a total of around $30 billion still available to claimants.
The Trust Fund Claims Process
The asbestos claim process for a trust fund begins with a claim against the relevant trust (or trusts), which is then reviewed by its trustee. Payout can begin as soon as 90 days after approval.
On average, a trust fund’s compensation totals around $300,000 to $400,000 when claims are made across multiple trusts. An expedited review can bring a faster payout at a standard rate, with an individual review slower, but potentially higher.
Payouts and Settlements: What to Expect
Once a settlement is reached, initial compensation payouts often begin within 90 days. Court approval, if required, can take an additional 30–90 days, with final disbursement occurring a few months thereafter.
If the case goes to trial and results in a favorable verdict, defendants may appeal, potentially delaying compensation. According to Mealey’s® Litigation Report, the average asbestos payout from a mesothelioma settlement ranges from $1 million to $1.4 million. Settlements are generally not taxable, except for punitive damages and interest earned.
Average Compensation by Type:
You can pursue multiple sources of compensation without affecting one another, including multi-defendant asbestos lawsuits. Payments are likely to arrive at different times, due to their varying mesothelioma lawsuit timelines.
While each case is unique and there is no guarantee of the settlement value, here is a look at the average payouts according to a Mealey’s Litigation Report:
| Asbestos Compensation Type | Average Value: |
| Lawsuit settlements (with no trial) | $1m to $1.4m |
| Lawsuit with trial verdicts | $5 to $11.4 m |
| Trust fund claims | $300k to $400k, across multiple trusts |
| VA disability (for veterans with mesothelioma) | ~$3,930 per month, with a 100% disability rating |
Factors That Can Affect Your Mesothelioma Case Timeline
Defendant Tactics
Armed with their own lawyers, defendants may use every trick in the book to prolong litigation and reduce settlement amounts. This can lead to significant delays, especially if you’re not represented by an experienced law firm.
They may file motions to dismiss, arguing that you never worked with the product or challenging witness statements.
We’ve also seen them challenge the jurisdiction, argue the claim is time-barred, request extensions, or even dispute the legitimacy of medical causation and diagnosis.
Bankruptcy Claims
If a defendant files for bankruptcy, you may need to go through an asbestos trust fund, which has a separate processing timeline.
Health of Plaintiff
Courts are thankfully very aware of the severity of mesothelioma prognosis. If your health is declining, the court may expedite the case to reach a quicker conclusion.
Case Complexity
If your case involves multiple defendants, such as different manufacturers and employers, then naturally each phase lasts longer (especially discovery). However, this can potentially bring in a higher total compensation.
Court Backlog
The jurisdiction where the lawsuit is filed can also impact how quickly a case moves forward. For example, there may be tens of thousands of pending asbestos cases nationwide at any moment, leaving a potential backlog for trials in some jurisdictions (especially those with high asbestos litigation activity like Texas, Louisiana, California, Pennsylvania, and New York).
What Happens if the Plaintiff Passes Away During the Asbestos Lawsuit Process?
If a claimant passes away having already started a lawsuit or trust fund claim, then the case does not end. Instead, it is converted to a ‘survival action’ and/or wrongful death claim, which are types of mesothelioma claims for family members.
The deposition testimony taken before death remains central evidence, giving the surviving family a chance to gain compensation for their suffering and loss.
If you need any assistance with filing a wrongful death claim or financial planning, we welcome you to contact our compassionate attorneys for a free consultation.
Making Sure You’ve Got The Best Representation
Choosing the right lawyer is one of the most crucial steps in filing an asbestos claim. A knowledgeable and experienced asbestos lawyer can make a huge difference in the outcome of your case.
When selecting a legal firm, consider factors such as their track record in asbestos litigation, experience in handling mesothelioma cases in general, and success in securing settlements or trial verdicts.
Additionally, look for firms that offer free consultations, work on a contingency basis (meaning they only get paid if you win), and have excellent client reviews. Taking the time to do your research and select the right lawyer will make sure you have a strong advocate fighting for your rights.
Sources:
https://federal-lawyer.com/injury-lawsuit/mesothelioma/settlement-amounts/
https://www.nationalasbestos.co.uk/news/mesothelioma-compensation-guide/
https://www.mesotheliomahope.com/legal/settlements/payout-timeline/
How to Choose the Right Lawyer for Your Mesothelioma Case
How to File a Mesothelioma Claim