The length of time it takes for a mesothelioma claim to be resolved can significantly vary, largely depending on the specifics of the case. Some cases may reach a settlement within a few months, while others may take several years, especially if they go to trial.
Before reviewing the factors that often contribute to the length of time needed for a mesothelioma claim, it’s important to understand how these claims are filed.
What is a Mesothelioma Claim?
A mesothelioma claim is a legal request filed by a person who has been diagnosed with mesothelioma—a type of cancer largely caused by exposure to asbestos—or their loved one. The purpose of this claim is to seek financial compensation from the party or parties believed to be responsible for the asbestos exposure that led to the disease. This could be an employer, a manufacturer of asbestos-containing products or even a landlord. The compensation received from a successful mesothelioma claim can help cover medical bills, lost wages and other associated costs, providing financial relief to both the patient and their family during a challenging time.
How Do You File a Mesothelioma Claim?
As with any legal pursuit, a mesothelioma claim can be complex and time consuming. While the individual claims process can vary on a case-by-case basis, most claims do follow the basic framework outlined below.
Initial Consultation and Investigation
Filing a mesothelioma claim begins with locating a reputable mesothelioma attorney who is experienced in this type of litigation. They will guide you through the process, which typically involves gathering comprehensive information about your medical history and details of your asbestos exposure. This phase can be time-intensive because it requires detailed and thorough research, but it is crucial for building a strong case.
To start, your attorney should conduct a detailed interview to understand your medical history, work history and possible exposure to asbestos. This might involve identifying specific job sites, roles and timeframes where the exposure likely occurred. The attorney will likely also need to gather documentation, like medical records and employment histories. The aim is to trace the exposure to asbestos back to specific products and manufacturers, thereby determining liability.
Filing the Mesothelioma Claim
Once your attorney has collected sufficient data and determined that you have a valid case, they will file the claim on your behalf against the responsible party or parties. Depending on the specifics of your case, this claim may be filed in multiple jurisdictions. It’s crucial to start this process as soon as possible due to strict statute of limitations laws.
Settlement Negotiations and Trial
Once a mesothelioma claim is filed, the legal process moves on to settlement negotiations or, if required, a trial. Settlement negotiations are discussions between your mesothelioma attorney and the defendants (usually the party or parties you believe are responsible for your asbestos exposure). The aim is to agree on an amount of compensation that is acceptable to both parties, without the need for a trial.
If a fair agreement can’t be reached, the case may proceed to trial. At trial, your attorney presents evidence of your asbestos exposure and its link to your mesothelioma diagnosis. The jury then makes a decision on whether the defendants are liable and, if so, how much compensation should be awarded.
Factors That Can Affect Your Mesothelioma Claim’s Timeline
Every mesothelioma claim is unique and therefore timelines can vary greatly. There are several factors to consider that could affect the timeline of a mesothelioma claim.
Complexity of the Case
The first major factor is the complexity of the case. Cases that involve multiple instances of asbestos exposure or those that involve multiple defendant parties may require more time to investigate and gather sufficient evidence. For example, if a claimant has worked in several industries or job sites where asbestos exposure was likely, pinpointing which exposure led to the mesothelioma can take additional time.
Settlement vs. Trial
Another factor affecting the timeline of a mesothelioma claim is whether a settlement is reached or if the case goes to trial. Settlement negotiations can be relatively quick if both parties can agree on a fair amount of compensation. However, if a settlement can’t be reached, the case will proceed to trial, which can significantly lengthen the timeline.
Medical Factors
The stage of the mesothelioma at the time of claim can also play a role. In some instances, particularly where the patient’s health is severely deteriorating, courts may expedite the process to try and resolve the case quickly. The accuracy and detail of medical records provided can also influence the timeline. Thorough records that clearly connect the mesothelioma diagnosis with asbestos exposure can simplify the process, potentially shortening the timeline. But if there are questions or uncertainties around the diagnosis, additional medical examinations or expert testimonies might be required.
Jurisdiction
Lastly, the jurisdiction where the claim is filed can also affect the timeline. Different states have varying statutes of limitations for filing a mesothelioma claim, and these legal time limits can influence how rapidly a case must progress.
The Role of a Mesothelioma Attorney
Working with an experienced attorney when filing a mesothelioma case can be critical to the success of your claim. Mesothelioma cases can be complex, requiring extensive knowledge of asbestos-related industries, products and laws. An experienced attorney can bring the knowledge and experience required, ensuring that all aspects of your case are thoroughly explored and presented, while allowing you to focus on your health and wellbeing.
If you or a loved one has been diagnosed with mesothelioma and want to learn more about filing a claim, Talbot, Carmouche & Marcello can help. Reach out to our team to schedule a free consultation to review the details of your case.