What Is the Average Time Frame for Asbestos Claim Payouts?
Although every case is different, many asbestos claims and lawsuits start to award compensation in 90 days or less. The length of time for the claim depends on the type of legal action taken. Mesothelioma lawsuits may take 12-18 months to fully resolve, while a trust fund claim may resolve more quickly.
Attorney Daniel P. Blouin explains how much a mesothelioma case is worth, when you can expect to receive compensation, and how each case's value is different. Call us today at (866) 608-8933 to learn more. View Transcript.
Duration: 1 min 03 sec
The value of mesothelioma cases is varied, but typically quite high. It would be unfair to say a case is worth $500,000 to $5 million because every case is different. But I can tell you that these cases are extremely valuable. From the beginning of the case until the end of the case, it can be years, but typically, we try to resolve the case within a year to two years, typically a year to 18 months, depending on the state. It is important for everyone that our clients, once they meet the priority of their being deposed, that they can step aside and let us do the rest of the work and expedite receiving awards for them as quickly as possible. If you or a loved one have been diagnosed with mesothelioma, MesotheliomaHope.com and Simmons Hanly Conroy can help.
Most lawsuits end in a settlement, which occurs when manufacturers of asbestos-containing products (the defendants named in the claim) pay a mesothelioma victim (the plaintiff) a lump sum of compensation to avoid a trial.
As of May 2024, the average asbestos claim payout from a settlement awards between $1 million and $1.4 million.
The following factors affect asbestos settlement time frames:
- If and when the defendants agree to a settlement
- 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)
Working With a Law Firm for Mesothelioma Payouts
Asbestos victims can get the most compensation in the shortest amount of time by working with mesothelioma lawyers. These attorneys can file claims against manufacturers and negotiate settlements on behalf of victims and their families.
In addition to filing your lawsuit, experienced lawyers can help you access compensation from asbestos trust funds — which contain more than $30 billion in compensation and start to pay out within 90 days.
Finding the right legal partner for your asbestos claim makes all the difference. Download our Free Attorney Checklist to see the 10 questions you should ask a lawyer.
How to File an Asbestos Claim
Many asbestos claims follow a similar timeline. However, every case is different, and a settlement can be reached at almost any point in the process once a lawsuit has been filed.
Learn more about the mesothelioma lawsuit timeline for filing a legal claim below.
1. Get a Free Case Review
Time frame: Before the claim is filed — this first meeting typically takes 45 minutes to 1 hour.
Before filing a claim, you should get a free case review from a law firm that specializes in asbestos litigation so you can explore all your legal options.
During this consultation, a mesothelioma law firm will evaluate your case free of charge and determine if you can file an asbestos claim. If so, you can fill out the initial paperwork during this meeting to get started.
These law firms understand the financial and mental burden of a mesothelioma diagnosis on you and your family members. They have the resources and expertise to secure asbestos settlements for you as quickly as possible.
The best mesothelioma lawyers charge no upfront fees and will only be paid if they win your case, so there’s no risk to work with them.
2. Meet Your Mesothelioma Legal Team
Time frame: Within a few days after completing the initial paperwork. Meetings can be held in person, virtually, or over the phone.
Experienced asbestos law firms will have multiple resources and dedicated team members to give your claim the best chance of success.
Your legal team may consist of:
- Attorneys
- Investigators
- Lawyers
- Medical experts
- Paralegals
Team members will gather evidence such as your work history, medical records related to your diagnosis, and information about products that may have caused your asbestos-related illness.
With this information, the firm can determine which asbestos companies and manufacturers caused your illness.
3. Your Attorney Files Your Asbestos Claim
Time frame: Varies, but the best law firms will work quickly. Once the lawsuit is filed, the defendants in the lawsuit must respond within a certain number of days or they could automatically lose.
Your attorneys will file a mesothelioma lawsuit after compiling information about your illness, identifying key defendants, and writing a formal complaint.
The defendants in the lawsuit must respond within a certain number of days, or they could automatically lose. The number of days they have to respond varies with each case.
Arthur Putt, a pleural mesothelioma survivor and former auto mechanic, filed his legal claim in 2018 and received “four settlements very quickly” before his lawsuit went to trial in August 2019. The trial verdict was decided in his favor and he received a $34 million payout from Ford Motor Company.
Art worked with Simmons Hanly Conroy, our partner law firm, to get the asbestos claims payouts he deserved. Get a Free Legal Consultation to see if the firm can help you file a claim and access mesothelioma compensation too.
4. Both Sides Share Information (Discovery)
Time frame: A few weeks to months — both parties will be finding, organizing, and sharing information.
Both legal teams gather facts and documents to support their claims during the discovery process. Your legal team will spend this time collecting evidence that proves the asbestos companies’ products caused your mesothelioma.
The team may also speak to current or former employees who know how the companies used asbestos in their products.
5. Receive a Settlement or Go to Trial
Time frame: Varies depending on the number of companies sued and their willingness to settle. Nearly all mesothelioma cases settle.
Your mesothelioma attorney will typically try to negotiate settlements with the companies named in the lawsuit.
Most lawsuits are resolved with a mesothelioma settlement since they are less time-consuming and risky than a trial. If the court sides with the defendant in a trial, you will not win any compensation at all.
| Settlements | Trials |
|---|---|
| Low risk to you | Higher risk to you |
| The lawyer does the legal heavy lifting | You may have to appear in court |
| No risk of appeal | Favorable verdict could be appealed (overturned) |
| Cases often resolve quickly | Cases take longer than if settled |
Settlement time frames can vary with each defendant named in the lawsuit. Some defendants may settle your case in just a few weeks. Other companies may not agree to a settlement until a trial date approaches.
Experienced asbestos attorneys will make your case as strong as possible and fight for you in court in the unlikely event that a settlement can’t be reached.
6. Receive Asbestos Compensation
Time frame: Often 90 days or less for the first asbestos claims payouts.
Once the case is resolved through a settlement or trial verdict, you’ll start to receive your asbestos claims payouts.
According to Mealey’s® Litigation Report: Asbestos, the average asbestos payout amount from a mesothelioma settlement ranges from $1 million to $1.4 million, with some plaintiffs receiving even more than this.
Notable Asbestos Settlement Payouts
- $13.1 millionCarpenter
- $12 millionLaborer
- $10 millionBoiler tender
- $8 millionPipefitter and plumber
All Simmons Hanly Conroy settlement amounts have been fact-checked and verified by our editorial team.
Your attorney will keep you updated through each stage of your lawsuit and work to get you financial compensation as quickly as possible.
Factors Affecting Time Frames for Asbestos Claims Payouts
Many factors unique to your case affect if and when you’ll receive asbestos claims payouts. Learn about these factors below.
Asbestos Company Timelines
Some asbestos companies may be motivated to reach settlements quickly, depending on the strength of your evidence and if they have faced other lawsuits in the past. This is why many asbestos compensation claims start to pay out within 90 days or less.
“One check showed up, and then another check showed up, and then another, and they’re still coming in now. It’s been very satisfying, and what I know is that my wife will be taken care of for the rest of her life after I’m gone.” — Jimmy Johnson, mesothelioma patient
Statute of Limitations
Statute of limitations are state laws that limit the amount of time you have to file an asbestos claim or a mesothelioma lawsuit.
Most states set their statute of limitations at 2-3 years from the date you are diagnosed with mesothelioma. However, statutes vary by state and certain case types — such as personal injury and wrongful death claims — often have different deadlines.
Even if you think you’re outside the statute of limitations, it’s helpful to speak with an experienced attorney. They know the laws best and can help explore every path to secure compensation for treatments and other costs.
And if you are fully outside the statute of limitations, you still may be able to access mesothelioma compensation from asbestos bankruptcy trust funds, which set their own filing deadlines. See if you can access asbestos trust fund compensation now.
State Jurisdictions
Besides statutes of limitations, some states or court systems hear asbestos lawsuits much sooner than others.
A national mesothelioma law firm can help you file your case in the court system most likely to award you the most compensation in the shortest amount of time.
Trials
In very rare cases when a settlement cannot be reached, the lawsuit must be resolved through a trial. In a trial, the court will evaluate the evidence presented by each side and deliver a mesothelioma verdict.
It can take up to several years for a case to reach a conclusion in an asbestos trial. Because of the length of time and uncertainty of trials, most attorneys will work to get your asbestos claim payouts via settlements or trust funds whenever possible.
Mesothelioma attorneys can help retrieve asbestos claim payouts for you through either trial verdicts and settlements.
Notable Mesothelioma Payout Amounts
Although every case is resolved differently, it can be helpful to see how much compensation other families have received from their mesothelioma claims.
See below for a list of mesothelioma payouts recovered by our partner law firm, Simmons Hanly Conroy.
- $12 million for a laborer with pleural mesothelioma
- $3.8 million for a restaurant worker with peritoneal mesothelioma
- $9.5 million for a construction worker with pleural mesothelioma
- $3.6 million for a delivery worker with peritoneal mesothelioma
- $250 million for a steelworker in Indiana
- $60 million for a laborer in New York
- $40 million for a U.S. Navy veteran in Washington
- $20 million for a mechanic in Missouri
Our legal partners can review your case and see if your family qualifies for compensation. Get a Free Case Review now to learn more.
How You Can Use Asbestos Claim Payouts
There are no restrictions on what you can do with money recovered through mesothelioma legal claims. In many cases, paying medical bills is the top priority — but everyone and every situation is different.
Some ways asbestos claim payouts can be used include:
- Paying for medical treatments
- Traveling to out-of-state cancer centers
- Covering daily living expenses
- Establishing a savings or trust fund to ensure your family is taken care of
- Donating to a cause you care about
- Buying an item or experience that will add more joy to your life
Although money can never replace your or your loved one’s health, it can alleviate the financial pressures that come with a diagnosis.
Get Help With Asbestos Claim Payouts for Mesothelioma
It can feel intimidating to pursue legal action, especially if you haven’t worked with a lawyer before. However, you deserve to be financially supported after your diagnosis — and our team can handle everything needed to file your mesothelioma claim.
We can help you:
- Understand your options based on your unique circumstances
- File a lawsuit quickly and maximize your potential compensation
- Navigate the entire legal process from start to finish
- Start to receive asbestos claims payouts within 90 days in many cases
Call us at (866) 608-8933 to learn more or get started right now with a free case evaluation.
Asbestos Claims Payouts & Timelines FAQs
What is the average payout for asbestos claims?
The average asbestos settlement amount is between $1 million and $1.4 million, and the average trial verdict is between $5 million and $11.4 million, according to Mealey’s® Litigation Report: Asbestos.
The specific payout for mesothelioma victims depends on various factors like the number of defendants, the statute of limitations, and whether your case is resolved through a settlement or a trial.
How long does it take to get a mesothelioma settlement?
Asbestos settlements and trust fund claims often start paying out in 90 days or less. The entire asbestos claims process may take 12-18 months to complete in certain cases.
Your attorney can help you understand when you’ll start to get compensation from asbestos claims payouts.
How do I get compensation for asbestos?
You can work with an attorney to file a claim and get compensation if you have an asbestos-related disease like mesothelioma.
Asbestos claim payouts can come in the form of a check or wire transfer.You’ll likely receive multiple asbestos claims payouts, depending on the number of companies named in your lawsuit.
Additionally, you may qualify for compensation from an asbestos trust fund claim. Click here to see if you qualify for asbestos trust fund compensation.
How do you prove asbestos exposure?
Employment and medical records can help prove exposure in asbestos claims payouts. In addition, top mesothelioma attorneys can use information from past claims and databases to prove when, where, and how your asbestos exposure occurred.
How long do you have to make an asbestos claim?
The time limit for making an asbestos claim, known as the statute of limitations, varies based on the jurisdiction (location) where the lawsuit is filed. Many states set their limit at 2-3 years after diagnosis.
The deadline to file an asbestos claim typically starts from the date of diagnosis or discovery of the illness. However, because statutes vary by state, it’s best to consult with an attorney who specializes in asbestos cases.
Additionally, mesothelioma trust funds set their own deadlines for filing a claim, so you could still qualify to get compensated even if the statute of limitations has already passed.
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