How Long Will It Take to Settle an Asbestos Lung Cancer Lawsuit?
If you or a loved one has lung cancer or another illness that could have been caused by asbestos exposure, legal compensation might be available. If your legal team believes a lawsuit can be filed, it will most likely end in a legal settlement (where those being sued will agree to pay you to avoid a trial).
The amount of time it takes to settle an asbestos lung cancer lawsuit varies with each case. Some lung cancer cases will start awarding money in a few months while others will take several years.
The legal team you work with, the basic facts of your case, and what information and records you have to support it can all impact when your lawsuit reaches a settlement.
At Lung Cancer Group, we believe anyone with asbestos-related diseases should get financial aid as quickly as possible. That’s why we’ve partnered with legal teams that can help you quickly get asbestos claims payouts if you qualify.
Get a free case review now to learn if our legal partners can help you reach an asbestos settlement.
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Asbestos Claims Payouts Timeline
The asbestos claims process generally follows the steps outlined below in each case. How long each step takes can affect when you receive financial payouts.
1. Connect With a Lung Cancer Lawyer
The first step in getting an asbestos claims payout is to find an experienced lawyer. Skilled lung cancer and asbestos attorneys can help build your case using your work history and medical records. Attorneys also take into account your asbestos exposure history (how, when, and where you were exposed).
Your attorneys can compile this information into a claim and see which asbestos companies might be responsible.
Learn if you can work with one of our lung cancer lawyers. Get a free consultation by calling (877) 446-5767 right now.
2. File Your Claims
Once your asbestos attorneys have built your personal injury claim, they’ll file it against the makers of the asbestos-containing products in question. The legal claim will explain why the asbestos manufacturers should pay for causing your illness.
Your law firm can pursue asbestos legal claims even if you smoked. Smoking and asbestos exposure can both cause lung cancer.
A legal claim will demand financial compensation for your medical expenses and suffering. The companies being sued must then respond within a set amount of time or they could automatically lose the case.
3. Enter the Discovery Phase
After the lawsuit is filed, your attorneys and the attorneys for the asbestos companies will exchange information. This is known as the discovery phase of a lawsuit, and it allows each side to strengthen their claims.
The discovery process can typically take a few months. Your asbestos attorney will guide you through the discovery phase of a legal claim and will help you if the asbestos companies ask for any information from you.
4. Negotiate Settlements or Go to Trial
Once the discovery phase of a lawsuit has been completed, both legal teams will usually try to come to an out-of-court agreement: an asbestos settlement. In general, almost all asbestos lawsuits reach settlements. Doing so allows both sides to avoid the risks and expenses of a trial.
In very rare cases, though, an asbestos lawsuit may go to trial if a settlement cannot be agreed upon. In a trial, a jury and/or judge will hear both arguments and determine how much asbestos compensation (if any) you deserve. Trials add more time to the asbestos claims payout process and there is no guarantee you’ll get more money than if you settled.
5. Receive Compensation
You can start to access asbestos compensation once the claim has settled or reached a verdict in court. The amount of compensation you may receive can vary greatly.
- Your attorneys will negotiate asbestos claims payouts on your behalf during a settlement.
- Trial verdicts can be unpredictable as a judge or jury will determine how much money you get. A verdict may provide more or less compensation than a lung cancer settlement. You might even lose a trial in which case you’ll get nothing.
Every lung cancer case is different, but a skilled legal team can help get the most amount of money possible in the shortest amount of time.
Asbestos Claims Payout Timelines and Trust Funds
Another way to get compensation for asbestos lung cancer is by filing an asbestos trust fund claim.
Many companies established asbestos bankruptcy trusts to avoid lawsuits while still paying those who were harmed. You can’t sue a company with a bankruptcy trust. However, your attorneys can still pursue compensation on your behalf by filing asbestos trust fund claims.
Over 120 companies that were involved in the asbestos industry have declared bankruptcy to date, according to Mealey’s® litigation reports. Today, there is over $30 billion in asbestos trust funds for current and future claimants.
Trusts award asbestos claims payouts through individual reviews and expedited reviews.
- Expedited reviews allow the trust to pay you a fixed amount if you meet the basic criteria.
- Individual reviews could award you with more or less compensation and they take longer than expedited reviews.
How much money you receive from asbestos trust funds varies. Many trusts operate using ‘payment percentages’. This means they’re allowed to pay a fraction of what the average claim is worth so there’ll be enough money for future asbestos victims.
You may be able to file a claim with multiple trusts depending on which asbestos products you were exposed to. Your lawyers will notify you if you can file asbestos trust fund claims and/or lawsuits, and help you file in a timely manner.
What Factors Affect Lung Cancer Payout Timelines?
The lawyers you work with, when your case is filed, and many other factors all affect how long it’ll take to get an asbestos claims payout. View common factors below.
If you or a loved one has lung cancer, asbestosis, or mesothelioma, it’s often in your best interest to work with a skilled asbestos attorney. These lawyers can help you understand your legal options easily and guide you through the lawsuit process.
It’s unwise to try and navigate the legal system on your own without a lawyer’s help. Doing so could delay your asbestos claim and prevent you from getting the financial aid you deserve.
Further, make sure the attorney you work with has experience handling asbestos-related claims. This will ensure you have the greatest chance of securing asbestos compensation in the quickest amount of time.
Asbestos Statutes of Limitations
The amount of time you have to file an asbestos claim is limited due to laws called statutes of limitations. Typically, you’ll only have a couple of years after being diagnosed with an asbestos disease to file a legal claim.
You can never file a lawsuit if the statute of limitations has passed in your case. However, you may still be able to file a claim with asbestos bankruptcy trusts, which set their own statutes.
For best results, connect with a lawyer as soon as you’re diagnosed with lung cancer or another asbestos-related disease. Top asbestos attorneys can determine if you’re eligible to file a legal claim and do so on your behalf before it’s too late.
Don’t miss your chance at asbestos claims payouts: Find out your eligibility now with a free case review.
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Settlements vs. Trials
As previously mentioned, settling an asbestos lawsuit is often faster — and easier — than dealing with an in-person trial. These factors are why almost all asbestos claims reach settlements.
However, it’s important to know that skilled asbestos lawyers can prepare your case for a trial if one is needed.
Legal Help for Fast Asbestos Lung Cancer Claim Payouts
Victims of asbestos exposure deserve swift justice and financial payouts. By taking legal action with the help of an experienced law firm, you and your loved ones can get the asbestos claim payouts you deserve.
Lawyers at top asbestos law firms may be able to secure strong settlement amounts in a timely manner. These lawyers have a deep understanding of asbestos litigation and will do everything they can to help your family if you’re eligible. Settlement money from asbestos cases can change you and your family’s life for the better.
However, there are deadlines for when you need to file your asbestos claim. Don’t miss the deadlines or otherwise, you can’t get any compensation. Find out your eligibility with a free case review right now.
FAQs About Lung Cancer & Asbestos Claim Payout Times
How long does it take to settle a mesothelioma case?
Mesothelioma lawsuits can start to award settlement compensation in 90 days or less in some cases. That said, many factors influence when a settlement occurs. Some might occur during or even after an in-person trial.
Top mesothelioma lawyers can determine when you’ll start to get money from settlements as your case moves forward. It’s important to file your claim soon after getting a mesothelioma diagnosis or you could miss your chance to receive compensation.
Can asbestos claims be filed after death?
Yes, in some cases. This is particularly true in mesothelioma cases, where family members, loved ones, or anyone who has legal authority over the deceased person’s estate may be able to file a claim.
It may also be possible to file wrongful death claims for other asbestos-related illnesses like lung cancer and asbestosis. A skilled asbestos attorney can determine if you or your loved ones can file a wrongful death lawsuit or claim.
When can I get lung cancer payouts from asbestos trust funds?
You can get lung cancer payouts from an asbestos trust fund claim once it has been processed. How long this will take depends on how your claim is reviewed.
Further, you may get compensation at different times depending on the asbestos or mesothelioma trust funds you’ve filed with as some may pay out earlier than others.
Often, those with asbestos-related diseases qualify to file claims with dozens of trusts, and each trust may award compensation at a different time.