The two most common questions asked by asbestos claimants relate to 1) how much their case might be worth, and 2) how long it might take before they receive an asbestos settlement. We'll tackle the second question in this article, looking at the stages of a typical civil lawsuit, and diving into some issues that are unique to the timeline of an asbestos-mesothelioma case. (For a detailed answer to the first question, see figuring out how much an asbestos case is worth.)
Two to three years is the length of a typical injury-related lawsuit that makes it all the way to a court trial. A lawsuit usually proceeds through several stages:
When a case is first filed, the court will usually assign a date from six months to a year later for a “case management conference” or a similar procedure. At this conference, your attorney and the defendants’ attorneys meet with the judge to discuss whether or not the case is ready for trial. If it is ready, the judge then sets a trial date, perhaps nine months to a year or more later. If the case is not ready, a date for a follow-up conference is set.
Your attorney will get as much as information as possible from you early on, before filing the case. Once a trial date has been set, the parties continue collecting evidence. Sometimes new evidence leads to the addition of more defendants. When defendants are added, the clock essentially starts over, in fairness to these new parties to the lawsuit.
As the trial date approaches, both plaintiffs and defendants examine one another's expert witnesses (this is especially true in an asbestos-mesothelioma case, where expert witnesses are almost always necessary). Defendants are also likely to file motions asking to be dismissed from the case. All these processes take time, and a snag in any one of them can result in a delay in the trial date.
When the trial date comes around, your attorney and the defendants' attorneys need to select a jury and serve various motions related to trial procedures. Many cases settle shortly before the trial date. If your case does go to trial, the day it actually opens with testimony before a judge will be after the assigned trial date. Learn more about what happens if an asbestos case goes to trial.
The courts generally handle civil cases in the order in which they were filed, without giving special treatment to any particular case. However, the court system has established a way to help terminally ill plaintiffs move their case more quickly towards trial than other cases. So, where an asbestos-mesothelioma claimant's health is in jeopardy, his or her case might get set for trial less than a year after the lawsuit is filed. This may not sound like an "expedited" timeline, but considering how overcrowded most court calendars are, it actually is.
The particular rules will vary with the jurisdiction (meaning the state or federal court where the case was filed). In the case of ill plaintiffs, medical proof of shortened life expectancy will be required. Some states will also allow a motion for preference for plaintiffs who are over the age of 70. If you are an asbestos-mesothelioma plaintiff who is over 70 or seriously ill, be sure to ask your attorney what the options are. (Learn more about why you need an attorney in an asbestos-mesothelioma case.)
It's a reality that most court systems are crowded, with a limited number of judges and courtrooms. Sometimes cases that are ready for trial will linger because there is no courtroom available. Any lawsuit filed in any state court will generally move faster than a case filed in federal court, and this is true of asbestos cases as well.
Besides crowded calendars, another factor that may influence the speed of a case is whether or nor the jurisdiction is one where many asbestos cases are filed. San Francisco, for example, has a special department that handles all aspects of asbestos cases prior to trial, in an attempt to expedite these suits. Jurisdictions where asbestos cases make up only a small number of the court’s caseload will likely take longer.
While most asbestos settlements are negotiated before an actual trial begins, it may be several months or more after the trial date before your involvement is wrapped up. You will need to sign the settlement paperwork, and the defendant will need to write the check. If a defendant is having financial difficulties, the check might be delayed.
Many manufacturers of asbestos products have filed for bankruptcy and established trust funds. If the defendant in your asbestos case is bankrupt, keep in mind that because of the large numbers of cases filed against these companies, claims against them can take months or even years to process.
Finally, portions of the case might continue against one defendant if either side has chosen to appeal a judge’s ruling on a motion, or on the trial verdict, and the time frame for any particular appeal is tough to predict.
