Mesothelioma Cases: How Long Will It Take?

If you or a loved one have been diagnosed with mesothelioma, you should seek legal assistance immediately. Victims of this illness are generally entitled to recover mesothelioma compensation for what has happened to them.

At The Williams Law Firm, P.C., we have decades of experience helping mesothelioma victims and their families recover the compensation they are entitled to. Our experienced asbestos attorneys can advise you on your legal options, navigate negotiations with defendants, and prepare strong cases for court to achieve favorable settlement outcomes.

What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that primarily affects the lining of the lungs (pleura) but can also impact the lining of the abdomen (peritoneum) or heart (pericardium). This devastating disease is almost exclusively caused by asbestos exposure. Asbestos, a group of naturally occurring minerals, was widely used in various industries due to its heat resistance and durability. Unfortunately, mesothelioma can take decades to develop after initial asbestos exposure, with symptoms often not appearing until 20-50 years later. This long latency period makes early detection challenging and underscores the importance of awareness and regular health check-ups for those at risk.

Causes of Mesothelioma: Asbestos Exposure

Asbestos exposure is the primary cause of mesothelioma. When asbestos fibers are inhaled or ingested, they can become lodged in the lining of the lungs, abdomen, or heart, leading to inflammation and scarring. Over time, this can cause genetic mutations that result in the development of cancer. Asbestos exposure can occur through various means, including:

• Occupational exposure: Workers in industries such as construction, manufacturing, and mining are at high risk of asbestos exposure on the job. These industries often used asbestos-containing materials, putting workers in direct contact with harmful fibers.
• Environmental exposure: People living near asbestos mines or factories may be exposed to asbestos fibers released into the air. This environmental exposure can be just as dangerous as occupational exposure.
• Secondary exposure: Family members of workers who bring home asbestos fibers on their clothing or skin may also be exposed. This secondary exposure can occur when fibers are released into the home environment, putting loved ones at risk.

Understanding these exposure pathways is crucial for both prevention and early detection of mesothelioma.

Mesothelioma Diagnosis and Prognosis

Diagnosing mesothelioma typically involves a combination of imaging tests, such as X-rays and CT scans, and biopsy procedures to confirm the presence of cancer cells. Once a mesothelioma diagnosis is confirmed, the prognosis for patients is generally poor, with a median survival time of 12-18 months after diagnosis. However, treatment options such as surgery, chemotherapy, and radiation therapy can help improve quality of life and extend survival time. Early detection and a comprehensive treatment plan tailored to the individual patient can make a significant difference in managing the disease.

How Long Do Mesothelioma Claims Take?

There is no set time frame when filing an asbestos claim, but many jurisdictions allow for an expedited process for mesothelioma cases. Factors that influence asbestos claim payout include the experience of the lawyer, the type of legal action, and whether the case is settled or goes to trial. Many are heard within a year after they have been filed.

By combining a case with other asbestos claims through a process known as consolidation, the process may move even faster. Joseph P. Williams at The Williams Law Firm, P.C. has extensive experience handling consolidated trial groups of up to ten mesothelioma cases at a time.

Factors Affecting How Long a Mesothelioma Claim May Take:

• The complexity of your case.
• The state where your mesothelioma claim is filed.
• Whether your case settles or goes to court.
• The timeline for your claim payout can vary based on whether the case settles or goes to trial. Legal representation can significantly influence the speed of the claim payout process.
• Your mesothelioma lawyer’s experience.
• Statute of limitations on your claim.

The asbestos claims payout process typically begins within 90 days after filing. Factors such as state laws and the financial status of the asbestos companies involved can affect the payout duration. Average payout amounts from these claims are often significant.

Asbestos Settlements vs. Trial Verdicts

Asbestos litigation involves lawsuits filed by mesothelioma patients and their families against asbestos companies responsible for their exposure. There are two primary outcomes in asbestos litigation: settlements and trial verdicts.

• Settlements: Settlements involve a negotiated agreement between the parties, often resulting in faster compensation for mesothelioma patients and their families. Settlements can be reached within 90 days of filing a claim, providing much-needed financial relief. Settlement amounts can vary widely, but average payouts range from $1 million to $1.4 million. Settling a case can be less stressful and more predictable than going to trial.
• Trial Verdicts: Trial verdicts are decided by a jury or judge and can result in higher payouts compared to settlements. However, the trial process can take longer and is more uncertain. Verdicts can be appealed, and the outcome may not always be favorable to the plaintiff. Despite these challenges, some plaintiffs choose to go to trial in hopes of securing a larger compensation amount.

It’s essential to consult with an experienced mesothelioma attorney to determine the best course of action for your specific case. An attorney can provide valuable guidance on whether to pursue a settlement or take your case to trial, ensuring you receive the compensation you deserve.

What To Expect During The Claim Process

When you retain an experienced mesothelioma law firm for your mesothelioma case, you can expect certain steps.

This will include:

• A medical review: Your New York mesothelioma lawyer will gather all of your medical records and work history in order to assess what degree of damages you are entitled to and who the responsible party or parties are.
• Research: Your attorneys will work to match your circumstances with case precedents and known asbestos companies who have already been involved in asbestos cases. Using this information, your attorney will determine the best path forward to receive compensation.
• Litigation: A mesothelioma lawsuit may be required in order to receive compensation for your losses. This could lead to a settlement fairly quickly. It could also lead to a more drawn-out case that goes all the way to trial.
• Asbestos trust fund: In many cases, a mesothelioma victim may be entitled to compensation through an established asbestos trust fund. Companies who have filed for Chapter 11 bankruptcy are protected from lawsuits, but many have mesothelioma trusts established to compensate victims. A bankruptcy trust administrator will evaluate the evidence in the case and dispense funds. These claims usually move faster than a lawsuit.
• Veterans Affairs: Many mesothelioma victims were exposed to asbestos when they served in the military. If this is the case, a victim may be entitled to compensation through the Department of Veterans Affairs.

Asbestos trust funds play a crucial role in providing financial compensation to victims of asbestos exposure, offering a quicker alternative to traditional lawsuits.

Let A Mesothelioma Attorney Help You With This

Mesothelioma is an aggressive and deadly form of cancer caused by long-term exposure to asbestos. There is no cure for mesothelioma. Unfortunately, victims of this illness are often left with limited time to file a case. Mesothelioma has a long latency period, meaning that victims often do not discover they have the illness until decades after they were exposed to asbestos. By the time they do find out, mesothelioma is often in its late stages.

Mesothelioma attorneys can help ensure you get compensation as quickly as possible. Mesothelioma lawyers at The Williams Law Firm, P.C., understand how to proceed with these cases and will waste no time in getting to work on your case. We take all mesothelioma cases on a contingency fee basis, so you will not pay a dime until we are successful in securing the compensation you deserve. You can schedule a free consultation of your case by calling (855) 575-6376.