How Long Does a Mesothelioma Lawsuit Take?

The only direct answer to this question is “longer than you think.” Any lawyer who even provides a rough estimate of a case timeline is either inexperienced or telling victims what they want to hear. That being said, mesothelioma cases have the same basic structure, as outlined below. However, a case could be settled at any time, and over 95 percent of civil cases are settled out of court.

A good nationwide asbestos lawyer always goes into a case with settlement in mind. These resolutions have many benefits for victims. Finality may be the best example. When defendants settle cases, they write checks. When defendants lose court verdicts, they often tie the matter up in appeal after appeal. However, settlement is a process, not a result. Only a lawyer who takes the time to properly prepare a case obtains maximum compensation in a mesothelioma lawsuit settlement.

Negligence Cases

Civil cases, the most common kind of mesothelioma lawsuit, usually name an asbestos provider or a property owner as the defendant.

Companies have a duty to warn consumers about the negative side effects of the products they make and/or sell. Mesothelioma, a particularly painful kind of lung cancer with a very high fatality rate, is about the worst possible side effect imaginable.

For many years, insulation manufacturers, mining companies, shipbuilders, and other asbestos users knew this substance caused mesothelioma and other diseases. But instead of protecting their workers, and the other people at risk for exposure, these companies insisted this hazardous substance was safe.

In most states, property owners also have a duty of care to provide safe and secure environments for their invited commercial or social guests. An asbestos exposure lawyer must also prove, by a preponderance of the evidence (more likely than not), that the owner knew, or should have known, about the injury-causing hazard. A pre-1980 construction date usually establishes constructive knowledge (should have known). Companies extensively used asbestos until 1980.

These mesothelioma lawsuits are now less time-consuming in many cases. The Supreme Court recently gutted the primary landowner defense in these cases.

Most civil suits settle during mediation, a court-supervised settlement negotiation session that occurs toward the end of the process.

No-Fault Matters

These matters usually include workers’ compensation, VA disability, and Social Security Disability. Although these matters are easier to prove, the settlement process often takes almost as long in these cases.

SSD is a good example. If the claimant has a disabling medical condition, the Social Security Administration pays a monthly cash stipend. Additionally, these victims are usually eligible for Medicaid.

The claim itself is often straightforward since, as mentioned, mesothelioma is usually disabling in every sense of the word. However, state Disability Determination Services officers deny about two-thirds of claims, regardless of their merit. Then, many claimants must wait up to a year for an Administrative Law Judge appeal hearing. Most claims were settled between the DDS and ALJ hearings, but no one knows when.

Bankruptcy VCF Claims

These matters, which are a combination of negligence lawsuits and no-fault claims, are available if the responsible provider declares bankruptcy and contributes to a victim compensation fund.

An asbestos exposure lawyer builds a negligence case in these situations. However, since the defendant is bankrupt, no adverse lawyer challenges the victim’s evidence. So, a bankruptcy VCF claim is often the fastest pathway to fair compensation. That’s especially true if the claimant qualifies for expedited review.

Work With a Dedicated Asbestos Exposure Lawyer

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. Virtual, home, and hospital visits are available.

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