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how long does a meso claim actually take - from filing to settlement

Family · · 3,679 views
So Joe's oncologist Dr. Reeves mentioned we should probably look into filing something since he was exposed at that shipyard job back in Tampa in the 80s. I have no idea how long this even takes or if we should be doing it now while he's still in treatment or waiting until after. Does anyone have a timeline on this? Like are we talking months or years because honestly I'm trying to figure out if this is something we tackle this year or if it's a longer road.

I keep seeing different numbers online and it's stressing me out because I don't want to miss any deadlines or mess something up. He's got enough on his plate with the immunotherapy and I don't want to add more stress if we don't have to right now. But I also don't want to wait too long if there's a window we're supposed to hit.

Anyone been through this who can give me the real timeline?

10 Replies

Veteran
Got the same advice from my VA doc after diagnosis in June. Don't wait on this, M. - start the process now while you're gathering medical records anyway, takes months to build the case but you want it rolling.
Family
Yeah that makes sense, thanks Frank. So you're saying start the paperwork now even though Joe's still in the middle of treatment? That actually helps because we've already got all his medical stuff together for Dr. Reeves so we're not starting from scratch. Did your VA doc help guide you through who to contact first or did you have to figure that part out on your own?
Attorney ✓ Expert Response
Frank's right about starting now, and there's a specific reason the timing matters beyond just paperwork. Florida has a 4-year statute of limitations from diagnosis under Fla. Stat. 95.11, which sounds like plenty of time but the investigation phase alone, tracking down employment records from a Tampa shipyard that may have closed decades ago, can eat 6 to 12 months before a single document gets filed.

What most people don't realize is there are actually two separate tracks that often run simultaneously. Trust fund claims against bankrupt asbestos manufacturers can sometimes resolve in 6 to 18 months. Civil litigation against solvent defendants typically runs longer, sometimes 2 to 3 years depending on the jurisdiction and how many defendants are involved.

The good news is that Joe being in active treatment doesn't slow any of this down. In my experience the initial consultation and records gathering happen pretty quietly in the background. He doesn't have to be in a courtroom while he's doing immunotherapy. Most of the early work falls on the legal team and family members who can help locate employment records.

Consult with an attorney soon, specific to your situation, because timelines can vary quite a bit depending on which defendants are involved and what Florida court they end up in.
3 found this helpful
Attorney ✓ Expert Response
The timeline question is one I get almost every week, and the honest answer is it varies more than most people expect. Cases that settle out of court, which is the majority of mesothelioma claims, can resolve anywhere from several months to a couple of years depending on which companies are named, how many defendants are involved, and which state the claim is filed in. Florida has its own statutes of limitations and procedural rules that affect pacing.

Here's the part that really matters for your situation. The statute of limitations clock in most states starts running from the date of diagnosis, not exposure. In Florida that's typically two years. So waiting until treatment is finished could actually cost you options if the timeline runs close.

And I'll be direct about something from experience. We had a client in 2019 who delayed filing because his wife didn't want to burden him during chemo. They still had time but the delay narrowed which trust funds were still solvent. There are over 60 asbestos bankruptcy trust funds active right now and some pay faster than others, some close.

The good news is that once an attorney is retained, most of the heavy lifting doesn't fall on the patient. Joe doesn't have to do much day to day. Most firms handling these cases work on contingency so there's no upfront cost.

The shipyard exposure in Tampa in the 80s is actually a very well documented category of claims. That detail matters.

Please consult an attorney about your specific situation before making any decisions on timing.
2 found this helpful
Patient
Yeah so I got into this same boat back in January when my docs told me I should look into it. Honestly the timeline thing stressed me out too but here's what I learned real quick - you actually want to file sooner rather than later. Not because of some magic deadline but because these things just take time, like rebuilding an engine you know.

From what I've seen, once you file it can be anywhere from like 6 months to a couple years depending on how many companies are involved and whether it goes to trial or settles. Mine's still cooking, we're maybe 4 months in and my legal team is saying we're looking at probably mid-2027 if it doesn't settle before that. But I also know guys who got theirs wrapped up in under a year. It really depends on the specifics.

The thing that helped me was talking to someone early, like right away. They basically said getting the paperwork started doesn't mean Joe has to do anything crazy right now, it just gets the clock ticking while he's focusing on treatment. We filed mine in January while I was still doing the tune-up rounds of chemo and honestly it took pressure off because I knew it was moving in the background. Dr. Reeves is right to bring it up.

What I'd say is don't wait thinking you gotta be done with treatment first. That's backwards. Get a consultation, see what the exposure timeline looks like with that Tampa shipyard job, and let the pros tell you what makes sense. Won't hurt to have it rolling while Joe's dealing with the medical stuff.
Family
oh wow okay so sooner is better even if he's mid-treatment, that actually helps me stop second-guessing myself. the engine rebuild metaphor makes sense, like you gotta start the process even if the patient's still recovering. did your doctors office help connect you with anyone or did you have to hunt for someone on your own? I'm trying to figure out if Dr. Reeves can point us in a direction or if this is all on us to research.
Family
We started looking into this stuff about a month after Joe's diagnosis in September, and honestly I'm glad we didn't wait. Our attorney said there's no magic deadline but the sooner you document everything the better, especially while Joe can still remember details about his work there. We filed in January and we're still in the early stages but I'm not stressed about it anymore because at least it's moving.

The timeline really depends on a bunch of factors. Some people settle in under a year, some take longer. We were told to expect anywhere from 6 months to a few years but that's such a wide range it's kinda useless lol. What I found helpful is that you don't have to choose between treatment and the claim. They can happen at the same time. Joe's doing his immunotherapy rounds and we're working with our legal team separately, it's not like one pauses the other.

One thing nobody really tells you is how much paperwork there is. We spent weeks tracking down old employment records from that shipyard job in the 80s, medical records, all of it. Started that process early November and it took until mid December to get everything organized. If you wait until after treatment you might have a harder time getting Joe to remember specific details about exposure or conditions at the workplace.

I was a teacher for 35 years so I'm pretty organized about this stuff but even I found it overwhelming at first. The key is just getting started and not overthinking it. Call someone and ask questions, that's literally what they're there for and most don't charge upfront.

How far along is Joe in his treatment right now?
Veteran
File it now, don't wait. VA claims can take months or even over a year and you want that process rolling while he's still doing treatment, trust me on this. The sooner you get the paperwork in the system the better.
Family
Yeah that makes sense, the sooner the better I guess. Joe's been pretty overwhelmed with appointments and scans so I was hesitant to pile on, but you're right about getting it in the system early. Did you end up filing while you were still in active treatment too, or did you wait until after? I'm just trying to figure out the best timing to sit down with him about it without adding to the stress right now.
Family
Joe's oncologist bringing it up is actually a good sign, means it's worth doing sooner rather than later. We started ours pretty early in treatment too and honestly it took the pressure off later... how far along is he in the immunotherapy?

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