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. Understanding the asbestos claim process and the mesothelioma case timeline can help set expectations and reduce stress.
This blog provides a comprehensive overview of what happens after filing an asbestos lawsuit. 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. Additionally, it outlines expected 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.
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.
Filing the Asbestos Claim
Once you’ve confidently chosen your legal defense, here are the next steps to file an Asbestos claim.
Schedule an Initial Consultation
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. Bring any medical records or other evidence you have to this meeting.
Gathering Evidence
Your legal team will collect medical records, employment history, and other documentation proving asbestos exposure. They will also identify the responsible parties, such as former employers or asbestos product manufacturers.
Filing the Claim
Once enough evidence is gathered, your attorney will file a mesothelioma claim in the appropriate jurisdiction, officially starting the legal process.
Next Steps After Filing: Understanding the Asbestos Litigation Timeline
Defendant’s Response
After filing an asbestos claim, the defendants (companies being sued) receive notification and must respond. They can either accept responsibility and seek a settlement, deny liability and fight the lawsuit, or file motions to dismiss the case.
Discovery Phase
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.
Settlement Negotiations
Most mesothelioma lawsuits end in settlements rather than going to trial. 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.
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.
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.
Factors That Can Cause Delays
Defendant Tactics. Some companies prolong litigation to reduce settlement amounts, leading to delays.
Bankruptcy Claims. If a defendant has filed for bankruptcy, claims may go through an asbestos trust fund, which has a separate processing timeline.
Case Complexity. Cases with multiple defendants can take longer to resolve.
Court Backlog. The jurisdiction where the lawsuit is filed can impact how quickly a case moves forward.
Start Your Legal Journey
Filing an asbestos lawsuit is just the beginning of the legal journey. Understanding the mesothelioma case timeline and the asbestos litigation process helps set realistic expectations. Whether through settlements or trial verdicts, mesothelioma patients and their families can secure the compensation they deserve.
Here at Shrader Law, we specialize in asbestos exposure cases and have helped numerous clients navigate the legal process successfully. If you or a loved one has been diagnosed with mesothelioma, contact us today for a free consultation.
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