How Long Do Mesothelioma Claims Take? [2025 Guide]
Mesothelioma claims typically take 6 months or more to resolve. How long a mesothelioma claim takes to settle varies for each person, but the average timeline is 6 months to 3 years. If the plaintiff is requesting money from an asbestos trust fund created by a bankrupt business, their claim may process faster than other legal avenues. However, if the plaintiff is pursuing a jury award or a claim against a company without a trust, their claim will likely take more than 1 year.
This article discusses how long mesothelioma cases take to settle, what the typical stages are, and what factors can extend or shorten the timeline of a claim. It also explores steps mesothelioma patients or their surviving loved ones can take to help speed up the claims process. It also explains how someone can start their mesothelioma claims process. Because mesothelioma is an aggressive and challenging cancer, it is crucial for patients and their families to act quickly to help them access much-needed compensation.
How Long Mesothelioma Claims Take in 2025:
How Long Does a Mesothelioma Claim Usually Take?
Do Personal Injury Mesothelioma Claims Move Faster Than Wrongful Death Claims?
What Are the Main Stages of a Mesothelioma Lawsuit and How Long Does Each Take?
What Factors Can Speed Up or Delay a Mesothelioma Claim?
Will I Get Paid Faster if I Settle My Mesothelioma Claim Instead of Going to Trial?
Can I Receive Any Money While My Mesothelioma Case Is Still in Progress?
What Can I Do to Speed Up My Mesothelioma Claim?
Setting Realistic Expectations About Mesothelioma Claim Timelines
How Long Does a Mesothelioma Claim Usually Take?
Mesothelioma claims can take a year or more to resolve, and they often settle before going to trial. The exact amount of time it takes to resolve a mesothelioma claim depends on various factors, and there is no guaranteed timeframe. Most claims will settle in 1 to 3 years, depending on the type of claim filed. Asbestos trust fund, VA, and workers’ compensation claims may settle faster (within 6 months), and other types of claims will likely take more time.
The complexity of each person’s mesothelioma claim may also affect the length of time it takes to settle the case. For instance, someone who was exposed at multiple jobs or who moved frequently may need slightly more time to build their case. Similarly, if the lawsuit includes an appeal that challenges the settlement or trial verdict, it can take months or a year or more to reach a resolution.
However, reputable mesothelioma lawyers understand how important timely legal resolution is to patients and families. These lawyers understand how to process claims as quickly as possible to help families.
Do Personal Injury Mesothelioma Claims Move Faster Than Wrongful Death Claims?
Personal injury claims are lawsuits filed by the mesothelioma patient directly. In some cases, claims filed by a living patient may take less time to resolve because the parties and the court are mindful of the plaintiff’s health. However, this is not the case in all jurisdictions, and there are many outside factors that determine how long a mesothelioma case takes.
Wrongful death claims are filed by qualifying loved ones. Some mesothelioma wrongful death claims may take a year or more to be resolved. If the patient passes away while their lawsuit or claim is still pending, the case will become a wrongful death lawsuit. The surviving loved ones can continue on with the original claim.
What Are the Main Stages of a Mesothelioma Lawsuit and How Long Does Each Take?
Typically, each mesothelioma lawsuit involves four stages. The first is filing the lawsuit, followed by the discovery phase. Settlement negotiations and (if applicable) trial are next, then a final decision and payout. Patients and their families can benefit from learning about each stage of the lawsuit so they feel prepared if they decide to take legal action.
Filing the Claim and Initial Pleadings
In the first stage of the mesothelioma lawsuit, the patient or their family member gathers information about their claim and talks to a lawyer about their options. For example, plaintiffs may gather medical records, proof of employment, documents related to their military service, or proof of exposure to asbestos products (e.g., insulation, construction materials, auto parts, or baby powder), or proof of secondary exposure.
The patient or their attorney would then conduct legal research to determine if they qualify for a mesothelioma settlement and what avenues are available for compensation. The next step is to write and file the complaint. This document is submitted to the appropriate court, and it formally starts the lawsuit. The complaint would need to be served on the at-fault party (defendant), who would have a predetermined amount of time to respond.
Discovery Phase
During the discovery phase, each side requests and sends in information to learn more about the claim. For example, the patient’s attorneys may request business records, ingredient or source lists, safety data, and other internal documents about the company that manufactured the contaminated product(s).
Your mesothelioma attorney will review your employment, military service, or exposure history and start building a case against the companies responsible for your exposure and mesothelioma. They will provide the needed information for the defendants to respond and take action on your claim.
Settlement Negotiations or Trial
Once the discovery phase is complete, your attorney may attempt to settle the lawsuit. This would only be done with your permission. The vast majority of mesothelioma lawsuits are settled before the trial begins or concludes. It is essential for the patient to speak with a lawyer who can review the settlement proposal before accepting or rejecting it. The lawyer can read through the proposal and explain the key terms, benefits, and restrictions so the patient can make an informed decision.
If the parties cannot reach a fair settlement of the mesothelioma claim, they may hold a formal trial in court. At this stage, each side presents its legal arguments and evidence to a judge or jury. They would also call witnesses in (such as medical experts) to testify in court and give their closing arguments. Trials can last several days or weeks, depending on the complexity of the case and the schedules of those involved.
Resolution and Payout of Compensation
The last stage of a mesothelioma claim is the resolution. Mesothelioma cases may end because of a successful settlement or a final verdict. If the case ends in a settlement, the parties would sign the agreement and follow the payout and administrative terms. For example, the patient or surviving loved ones may receive a check in the mail or a direct deposit for the agreed-upon amount as a lump sum or in installments.
If the case ends in a verdict, that court document would determine what happens next. For example, if the plaintiff wins their claim, they would be awarded a money judgment as a one-time payout or in periodic payments. The party that lost the verdict may be eligible to file an appeal, which is when another court takes a second look at the decision made at trial.
What Factors Can Speed Up or Delay a Mesothelioma Claim?
Factors that affect how long a mesothelioma case takes include which state the claim is filed in, the complexity of the plaintiff’s case, how quickly a defendant wants to settle, and how quickly the court moves to set a trial date. For example, some jurisdictions (court districts) may have different rules and procedures that can shorten or lengthen the duration of the case.
Here are some factors that can affect how long a mesothelioma claim takes:
- What state the claim is filed in
- How many defendants or trust funds are part of the claim
- How quickly an asbestos company (the defendant) moves to settle
- Whether or not a trial date has been set (some companies wait to settle)
Health Status and Urgency
People who have advanced or terminal mesothelioma may be able to request a fast-tracked resolution of their claim if they are pursuing a claim through a trust fund with an expedited filing track. During the expedited review process, the person’s claim is often grouped with other expedited cases and not reviewed individually. Many trust funds have standardized payment amounts for fast-track cases based on the type of mesothelioma a person has. This amount may be higher or lower than what someone would receive if they chose the individual and non-expedited track.
Strength of Evidence and Case Complexity
The strength and complexity of someone’s claim can also impact how long it takes to resolve that claim. For instance, if a person was exposed to asbestos through a variety of products made by different asbestos companies, their case may take slightly longer than someone who was only exposed to products made by a single company. However, an experienced lawyer will make sure to trace credible exposure back to as many companies as necessary. Doing so can increase someone’s chances of receiving the most compensation.
Jurisdiction and Court Processes
The court where the case is handled can impact how long it takes to resolve the claim. For example, if the court overseeing the lawsuit has a dedicated asbestos docket (like the Cook County Circuit Court does), this can help shorten the lawsuit. However, if that specific court has a high number of cases on its docket, it can take longer. Moreover, courts with a lot of technical procedural rules can create delays.
Will I Get Paid Faster if I Settle My Mesothelioma Claim Instead of Going to Trial?
Mesothelioma patients who settle their lawsuits as opposed to going to trial may receive quicker payouts. However, a speedy payout does not mean the person is getting a fair amount for their losses. It is crucial for those diagnosed to talk to a lawyer about whether a settlement deal is in their best interest or if it would be better to go to trial.
Moreover, trials may result in higher-valued verdicts, but the outcome is not guaranteed. The plaintiff may not win a favorable decision, or the judge or jury may award them a fraction of what the plaintiff asked for. If the plaintiff loses their mesothelioma trial, they can request an appeal. However, this can take time, and it may result in the same or a worse outcome. If the case goes to trial and is not successful, the patient cannot seek a settlement from the companies named in their lawsuit.
Can I Receive Any Money While My Mesothelioma Case Is Still in Progress?
Yes, sometimes you can receive money from a mesothelioma claim while other parts of your claim are still in progress. However, receiving funds early is not an option for all plaintiffs.
Some companies have created asbestos trust funds to pay people who developed mesothelioma after exposure to their products. If you were exposed to asbestos-containing products made by different companies, you may file claims with more than one company. In that situation, you could receive money from one company while your claim with another company is still open.
If you are pursuing a lawsuit and not a settlement, you cannot receive an early or partial payout from the defendant before your lawsuit is finalized. An attorney can help you navigate these complex processes. Your attorney will work to understand your individual circumstances and recommend a plan that works best for you and your family.
What Can I Do to Speed Up My Mesothelioma Claim?
You can help speed up your claim by taking steps to gather evidence early on and responding to inquiries made by your legal team. You can also work with an experienced mesothelioma attorney who understands the technical legal process. They can help make sure that you have all the necessary paperwork prepared and submitted in a timely manner, and they can guide settlement talks in a productive direction.
Setting Realistic Expectations About Mesothelioma Claim Timelines
Mesothelioma claims can take months or a year or more to resolve, and there is no way of knowing how long the journey may be before you file. However, you can help prepare yourself for the road ahead by familiarizing yourself with the steps involved in resolving the claim. Additionally, you may find it beneficial to partner with a lawyer who can take care of the legal steps on your behalf and counsel you about what to expect.
Start the Mesothelioma Claim Process Today
If you are ready to learn more about your right to file a mesothelioma claim, reach out to our team today by calling (585) 496-2648. King Law and our legal partners provide personalized and seasoned legal services to those affected by asbestos exposure, and we have thorough and tested knowledge of the lawsuit process. We can help you by preparing and filing your lawsuit, protecting your legal rights, and representing your best interests. We provide free case evaluations and appointments.