Asbestos Claims Payout

Many mesothelioma lawsuits start to award compensation to asbestos victims within 90 days. There are several factors that can impact the asbestos compensation payout timeline, including state laws, regulations, and how many asbestos manufacturers are named in the claim. An experienced mesothelioma lawyer can help quickly negotiate settlements.

What Is the Average Mesothelioma Settlement Time Frame?

Although each case is different, many mesothelioma lawsuits start to award compensation within 90 days. Further, the entire mesothelioma lawsuit timeline usually is usually 12 months or less. The average asbestos claims payout is between $1 million and $1.4 million.

Most cases are resolved with a mesothelioma settlement. This occurs when manufacturers of asbestos-based products (the defendants in the lawsuit) agree to pay a mesothelioma victim (the plaintiff) a lump sum of compensation so the lawsuit does not go to trial.

Mesothelioma settlement time frames are affected by:

  • If and when the defendants agree to settle the case
  • The jurisdiction and state the lawsuit is filed in (some locations hear mesothelioma cases within one year)
  • When and whether there is a trial date (some defendants will not settle until a trial date approaches)

Victims can get the most compensation in the shortest amount of time by working with mesothelioma lawyers who can file claims and negotiate settlements.

Further, lawyers can help you access compensation from asbestos trust funds. These trust funds were set up by bankrupt manufacturers of asbestos-based products to pay mesothelioma victims.

There is currently an estimated $30 billion available in asbestos trust funds. You may be able to collect compensation in 90 days or less. Find out if you qualify today.

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Asbestos Claim Payouts Timeline

Many asbestos claims follow a similar timeline of events. However, every case is different and a settlement can be agreed upon at almost any point once the lawsuit has been filed.

Learn more about each step in the settlement process below.

1. Free Case Review

Before filing a claim, it is important to get a free case review from a law firm that specializes in asbestos litigation to determine your eligibility and discuss legal options.

These law firms understand the burden a mesothelioma diagnosis brings to you and your loved ones. They will have the resources and expertise to get your asbestos claim payout as quickly as possible if you qualify.

A mesothelioma law firm will review your case free of charge, and will only be paid if you win your case. Once the lawyer determines that you have a valid case, you can sign documents to work with the law firm. This first meeting typically takes 45 minutes to one hour.

You will meet your legal team within a few days after filling out the initial paperwork.

Your legal team will consist of:

  • Investigators
  • Mesothelioma lawyers
  • Medical experts
  • Paralegals

This trial team will gather evidence such as work history, asbestos exposure history, and products that may have caused your asbestos-related illness. This information is used to figure out which asbestos companies and manufacturers are to blame for your exposure.

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3. File Your Lawsuit

Your team will file a mesothelioma lawsuit after collecting all the information needed and identifying key defendants.

Did you know?

Some asbestos cases are filed against more than 30 different manufacturers of asbestos-containing products.

The defendants in the lawsuit need to respond in a certain number of days, or they could automatically lose the case. The number of days in which they have to respond can vary with each case. The defendants named in asbestos lawsuits almost always respond before time runs out.

4. Discovery

YBoth legal teams gather facts and documentation to support their claim during the discovery process. This phase can last a few months in some cases since it may take time for both parties to find, gather, and provide information.

Your lawyer will spend this time gathering evidence that proves your condition was caused by the defendant’s products. Your legal team may also speak to current or former employees who knew how the manufacturers used asbestos in their products.

You, family members, or loved ones may also be asked to give a deposition at this time, which is a spoken testimony of the events that took place. Your mesothelioma lawyer can help you prepare for a deposition.

5. Settlement vs Trial

Settlements
  • Low risk
  • Your lawyer does the heavy lifting
  • No added costs for a trial or appeal
Trials
  • Higher risk
  • You may have to appear in court
  • Additional legal fees

Most mesothelioma lawsuits are resolved in a settlement since they are less time-consuming and risky than a trial. If the court finds the defendant not guilty, you will not win any compensation at all.

Your asbestos attorney will try to negotiate settlements with each manufacturer named in the lawsuit. Mesothelioma settlement time frames can vary with each defendant named in the lawsuit. Some defendants may settle your case in just a few weeks while others may take a few months or more.

Other manufacturers may not agree to a settlement until a trial date approaches. Experienced mesothelioma attorneys can make your case as strong as possible to properly represent you in the unlikely event of a trial.

6. Receive Compensation

Once your legal team is notified of the proposed settlement amount, you are then able to sign off to receive your asbestos claim payout.

Recent reports state that the average mesothelioma payout from a settlement is $1 million to $1.4 million. This figure represents the total amount of compensation that mesothelioma patients received from all defendants named in their lawsuits.

Your lawyers can keep you updated throughout each stage of a lawsuit and help you get financial compensation as quickly as possible.

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Factors That Affect Mesothelioma Settlement Time Frames

The actual mesothelioma lawsuit timeline is just one factor that impacts how long it takes to receive a mesothelioma payout. Many other factors unique to your case can also play a role.

Learn more about elements that may affect the timeline of asbestos claims payouts.

Statute of Limitations

Statutes of limitations are laws that prevent people from taking legal action after a certain period of time. You cannot file an asbestos claim or a mesothelioma lawsuit after the statute of limitations expires.

Statutes of limitations can be hard to understand because they vary by state and by certain use types, such as personal injury claims and wrongful death claims.

It is important to contact a mesothelioma lawyer as soon as possible to make sure your legal claim is filed in time. The earlier you take legal action, the sooner you can provide financial security for your family.

Some states or court systems allow mesothelioma lawsuits to be heard much sooner than others. For example, some states have laws that guarantee mesothelioma victims the right to a trial in one year. Lawmakers in these states know how quickly this cancer can spread and become fatal.

Nationally renowned mesothelioma law firms can help you file your case in a court system that can award you the most compensation in the shortest amount of time.

Number of Manufacturers

The number of manufacturers named in your case also can impact a mesothelioma lawsuit timeline.

The more manufacturers named in the lawsuit, the more likely it is that one or more of them will want to settle the case sooner rather than later. This means you may be able to get an asbestos claim payout quicker.

Motions and Trials

In rare cases when a settlement cannot be reached, the lawsuit must be resolved through a motion or a trial. Both of these can extend the mesothelioma lawsuit timeline.

Motions call on a judge to decide the case or dismiss it. The judge can sometimes determine a winner without a trial through a motion for summary judgment. It takes roughly three months for a judge to make a decision through summary judgment.

The case may go to trial if a motion does not decide the case. In a trial, a judge oversees the case while the jury reaches an asbestos verdict. Mesothelioma lawsuit trials take different amounts of time to reach a conclusion in each case. This can greatly impact the amount of time it takes to win your asbestos claim payout – and you may not win any compensation at all.

Consult with a top mesothelioma lawyer to learn more about your potential asbestos claim payout and how long it will take to receive compensation.

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Learn More About Asbestos Claims Payout Time Frames

Only an experienced lawyer can help you maximize your mesothelioma compensation in the shortest amount of time possible.

Mesothelioma lawyers can often negotiate a timely asbestos claim payout so you can afford medical treatment and keep your family financially secure for years to come.

File your lawsuit as soon as possible to start the mesothelioma lawsuit timeline and work towards getting a payout.

Get a free legal consultation to see if you can file your mesothelioma claim right now.

Common Questions About Asbestos Claims

What is the average asbestos settlement claim?

The average asbestos settlement claim is between $1 million and $1.4 million.

There are many factors that can impact a mesothelioma lawsuit timeline, such as the number of defendants, the statute of limitations/state jurisdictions, whether your case is resolved through a settlement or a trial, and more.

How are asbestos cases paid out?

Asbestos claims may be paid out through a check or wire transfer. If you are receiving settlements from more than one defendant, you may receive more than one payment. Your lawyer can help you understand what to expect in terms of payment disbursements.

How long does an asbestos claim take?

An asbestos claim usually takes 12 months or less to complete. Some asbestos claims can be paid out in less than 90 days.

Check to see if you qualify for asbestos trust fund compensation today.

Melissa Crowe Schopfer, Simmons Hanly Conroy AttorneyReviewed by:Melissa Crowe Schopfer

Shareholder, Simmons Hanly Conroy

  • Fact-Checked
  • Legal Editor

Melissa Crowe Schopfer is a shareholder at Simmons Hanly Conroy. Over the past 10 years, Melissa has worked on over 500 cases and recovered more than $100 million in settlements and trial verdicts on behalf of her clients. She has represented families impacted by mesothelioma and asbestos-related diseases in almost every state.

Mesothelioma Hope was founded by a team of advocates to educate people about this aggressive form of cancer. Mesothelioma affects thousands of people each year. We help give hope to those impacted by mesothelioma.

5 references
  1. Bates, C. E., & Mullin, C. H. (2007, December 3). Asbestos: Show Me The Money. Retrieved February 27, 2020, from https://www.bateswhite.com/media/publication/59_media.285.pdf
  2. Feeley, J. (2020, January 6). &J Said to Pay More Than $2 Million in Rare Talc Accord. Retrieved February 27, 2020, from https://www.bloomberg.com/news/articles/2020-01-06/j-j-settles-california-talc-cancer-case-in-middle-of-jury-trial
  3. Rand Institute for Civil Justice, Asbestos Litigation”, https://www.rand.org/content/dam/rand/pubs/monographs/2005/RAND_MG162.pdf
  4. United States Government Accountability Office GAO Report to the Chairman, Committee on the Judiciary, House of Representatives https://www.gao.gov/assets/590/585380.pdf
  5. Yale Law School, “Understanding the Asbestos Crisis”, https://law.yale.edu/system/files/documents/pdf/white.pdf

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