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how long from filing to actually getting the settlement check

Patient · · 82 views
So I'm trying to figure out realistic timelines here because I need to understand what we're actually looking at financially. I was diagnosed in November and my lawyer is already talking about filing, but I want to know what the actual range is. Is it months? A year? Multiple years?

I worked at the Johns-Manville plant in Cleveland from 1978 to 1985 doing insulation work, so the exposure is well documented. My case should be pretty straightforward from that standpoint. But I'm reading conflicting things online about whether you're talking 6 months or 3 years or what.

Does it depend on whether you settle versus going to trial? And are there cases that get held up because the defendant is dragging things out, or is that more of a legal threat than something that actually happens in practice?

I'm not trying to rush the process if it means getting less money, but I also need to plan around this and I can't do that without some actual numbers.

9 Replies

Family
I don't have direct experience with this since my mom's case is still pretty early, but I've been doing a lot of listening and asking questions because like you, I need to understand what we're dealing with financially. She was exposed back in the 70s too at a manufacturing facility here in Arizona, and our lawyer mentioned timelines range anywhere from several months to over a year depending on a bunch of factors.

From what I understand, settlement versus trial makes a huge difference. Settlements can move faster because both sides agree, but trials obviously take longer. And yeah, defendants absolutely drag things out. That's not just a legal threat, that actually happens. Our lawyer explained it like sometimes they're hoping you'll get tired or run out of money and take less, which is honestly infuriating to hear but good to know going in.

The well-documented exposure you have from Johns-Manville sounds like it should help your case move along though. That's what our lawyer said would make things clearer for us too if we had that kind of paper trail. I wish I had more specifics for you, but what I'd say is keep asking your lawyer for realistic timelines and what factors might speed things up or slow things down in your particular situation. They should be able to give you better numbers based on what they're seeing with similar cases right now.

Hang in there with the planning part. That stress of not knowing is real.
Attorney Expert Response
Your situation is actually one of the cleaner fact patterns I see, and that matters a lot for timing. Johns-Manville is significant because they went through bankruptcy back in 1982 and established the Manville Personal Injury Settlement Trust, which is one of the larger asbestos trusts still operating. Claims against the trust follow a different process than traditional litigation, and that can sometimes move faster than a full civil trial would.

For trust claims specifically, you're often looking at somewhere in the 6 to 18 month range, though it varies. For direct litigation against solvent defendants, it could be longer, sometimes 2 to 3 years depending on the jurisdiction. Ohio courts have their own asbestos docket procedures and I've seen cases in Cuyahoga County move at pretty different speeds depending on the judge assigned and how congested the docket is at that moment.

The dragging things out question... yes, defendants do sometimes use continuances and discovery disputes to extend timelines. Whether that's a real factor or mostly a threat depends on who you're actually suing. Some defendants settle quickly because they've done this thousands of times and the math is the math. Others push harder.

One thing I saw change outcomes significantly was whether a plaintiff's medical records were already well organized before filing. Cases I've worked on where everything was ready to go in one package in the first 90 days moved noticeably faster than ones where we were still chasing records at month six.

Please do consult an attorney about your specific situation, because the trust claim versus litigation question alone could change your timeline significantly.
4 found this helpful
Veteran
Filed mine in July, got the check in March of this year. So eight months start to finish. My case was pretty clean like yours - Navy records show asbestos exposure aboard the Oriskany, no real dispute about that.

But here's the thing, timelines vary a ton. Some guys I know got theirs faster, some took longer. Depends on which trust fund you're going after, how backed up they are, whether there's any pushback on your exposure history. The Cleveland plant stuff should help you since that's documented, but don't count on eight months being your number.

Settlement versus trial is a whole different animal. Trial takes years. Most of these cases settle because the defendants know they're gonna lose anyway. You're looking at months if you settle, years if you go to courtroom. My lawyer advised settling and I agreed. The payout was solid and I didn't have the energy to drag it out.

One thing nobody really tells you is the paperwork part eats up time. Medical records, employment verification, all that stuff has to get gathered and submitted. We had to chase down some old Navy docs that took weeks to get released. Make sure your lawyer is actually moving on that stuff and not just saying they are.

Don't let anyone pressure you into taking less just to get it faster though. That's a mistake. The money needs to last, especially with medical costs. Just make sure your lawyer is actually filing and following up, because yeah, defendants do drag things out when they can.
Patient
That eight month timeline is really helpful to know, especially since you had a similarly straightforward case. Did your lawyer give you any sense of which trust fund was handling yours, or did you end up going after multiple ones? I'm trying to figure out if the Johns-Manville exposure specifically routes to a particular fund that might have different processing times than others. Also curious whether any of those guys who took longer ran into actual delays versus just having messier exposure documentation to begin with.
Veteran
VA claim took me almost a year just to get denied the first time, so settlement timelines vary a ton depending on your lawyer and whether you're going after the trust funds or actual litigation. If your exposure is documented like you say you've got a solid case, but don't count on anything fast.
Patient
Yeah, the trust fund route versus litigation is what I'm trying to get clarity on. When you say yours took a year just for the denial, was that through a specific trust or were you going after the company directly? I'm wondering if the trust funds actually move faster since they're supposed to have set procedures, or if that's just something people say. My lawyer hasn't really spelled out which direction we're headed yet and honestly I'm not sure what questions to even ask at this point.
Patient
I filed in December, so I'm basically right where you are timing-wise. My lawyer at first said 18 to 24 months for a settlement, but that was before we got all my medical records compiled and they wanted to verify everything from the Johns-Manville exposure years. That took longer than expected because some of the plant records are archived and honestly kind of a mess.

From what I've learned talking to people here and through my own case, the timeline really does split depending on settlement versus trial. Settlement can move faster if the defendant doesn't contest liability, which in our situation with JM they usually don't because the exposure documentation is solid. But they still drag their feet on valuation. My understanding is trials can add a year or more but also sometimes settle mid-trial when they realize they're losing.

One thing nobody told me upfront is that even after you reach a settlement number, there's paperwork, court approval if it's structured a certain way, and then the actual check. I've seen people say 6 months from settlement agreement to money in hand, though some have been faster.

I started a spreadsheet in November tracking when I submitted documents, when my lawyer responded, when we got imaging results back. It helps me understand where things actually are instead of just feeling like I'm waiting. Right now I'm at the medical documentation phase and my lawyer said we should be ready to file formally by late January or early February. They also mentioned that peritoneal cases sometimes move slightly faster because the medical evidence is usually pretty clear, which gave me a little bit of hope on the timeline front.

What kind of documentation do you have from your exposure? That's what's really driving how long the initial filing takes.
Patient
Man, you're asking the right questions. I'm only about 4 months into this myself so I don't have the full picture yet, but from what my lawyer told me back in February when we filed, you're looking at a pretty wide range depending on how things shake out.

From what I understand, if you settle without going to trial you can be looking anywhere from like 6 months to maybe 18 months, but that's not guaranteed. My guy said the companies that are still solvent and have trust funds set up move faster than the ones that are tied up in bankruptcy proceedings. Yours sounds pretty clear cut with the plant exposure so that helps. But I also know guys who've been waiting longer than that.

The dragging things out part... yeah that actually happens. One of my buddies from the shop, his case got held up because the defendant was contesting the diagnosis and asking for more medical records and just basically being difficult about it. So it's not just a legal threat, it's real, but it depends on your specific situation.

What I'd say is get your lawyer to give you a realistic timeline for YOUR case specifically, not just the general range. Ask them straight up what they think based on who the defendant is and what your exposure looks like. Mine was honest about it when I pushed back on the numbers. And yeah, settling versus trial is a huge difference. Trial could take years but you also might get more money. Settlement is faster but you gotta accept what they offer.

I'd rather have answers now and plan accordingly like you're doing than just sit around wondering.
Family
The timeline really varies and honestly it depends on SO many factors. My dad's case is still ongoing and he was diagnosed in March, so I've gotten an education in this whether I wanted one or not.

From what I've learned talking to his legal team, a settlement can range anywhere from several months to years. The ones that move faster tend to be straightforward exposure cases like yours where the documentation is solid. We're talking maybe 6 to 18 months if things go smoothly. But if it goes to trial or if there's pushback from the defendant's side, you're looking at multiple years potentially.

Settlement versus trial does make a difference. A settlement is faster because both sides agree and you avoid the court process entirely. Trial takes longer but can sometimes result in higher awards, though there's obviously risk involved. The straight answer is settlement = faster, trial = slower but potentially more money.

And yes, defendants absolutely drag things out. That's not a legal threat, that's just what happens. Insurance companies will request extensions, file motions, ask for more documentation. My dad's case hit a stall for about four months while they were "gathering information." His lawyer said this is completely standard and honestly not even that bad compared to some cases.

The good news for you is that your exposure history from Johns-Manville is solid documentation. That's huge. We spent so much time hunting down employment records for my dad and you already have that. Your case should move faster than someone who's trying to piece things together from decades ago.

I'd ask your lawyer for a realistic timeline specific to your case, not just general info. They know the defendant you're dealing with and can give you better numbers. And honestly, have that conversation about finances sooner rather than later because you're right that you need to plan.

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