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how long does this actually take from diagnosis to getting paid

Patient · · 3,597 views
So I'm about 2 months out from my EPP surgery and feeling pretty good, but my head's spinning about the legal side of things. Got some guys calling me already about filing a claim and they're all saying different timelines. One said 6 months, another said 2 years, and honestly I'm not sure who to believe.

I get that it probably depends on a bunch of stuff but what's actually realistic here. Am I gonna be waiting forever or is there a ballpark figure. I'm not in a huge rush since the surgery went well and I'm doing my chemo tune-ups right now, but it'd be nice to know what we're looking at.

Also does it matter if you settle or go to trial or something. I worked with brake dust for 30 years at the Ford plant in Dearborn and then we ripped out some old insulation when we renovated the house back in 1997 so I figure I got more than one exposure point. Does that make the case easier or harder.

Anybody been through this part yet or got some straight answers about timing.

10 Replies

Veteran
Had my pleurectomy in August so I'm about where you are timing-wise. The legal stuff caught me off guard too, honestly.

Here's what I've seen so far. Timelines vary wildly depending on whether they're pushing you toward settlement or trial. The guys calling you early want quick settlements, they'll tell you six months sounds good. Trial cases take longer, sometimes way longer. I've talked to guys here who settled in under a year and others who went two, three years with trials. It's not a straight answer because it really does depend on the specific case.

The multiple exposure points actually help you. I was shipboard 71 to 91 as a hull tech on the Oriskany, so Navy asbestos exposure. That's pretty solid documentation. Your brake dust plus the house insulation job in 97, that's actually two distinct exposure periods which can strengthen things. Don't minimize the home renovation part either. That stuff matters to the lawyers even if it seems smaller than 30 years at Ford.

My advice: talk to a few different firms before you commit to anybody. Don't let them rush you just because you're feeling decent post-surgery. I made a call at 0800 hours one morning in September with a firm recommended here and they were straightforward about what they'd seen with similar cases. Asked me hard questions about documentation. That's who I went with.

You're doing the right thing asking now instead of scrambling later. Just don't sign anything when you're tired from chemo.
Attorney Expert Response
The multiple exposure points you mentioned could actually work in your favor. Cases with documented occupational exposure AND a residential exposure event tend to cast a wider net across defendants, which means more potential settlement sources. I've seen cases involving brake friction products from the Big Three and residential insulation disturbance both end up pulling in separate defendant pools entirely.

The 6 months vs. 2 years gap those callers gave you isn't really them being vague... it's genuinely that different. Trust funds set up under bankruptcy reorganization, like several major asbestos manufacturers established under 11 U.S.C. Section 524(g), can pay out in months. Litigation against solvent defendants takes longer, sometimes years. Your Dearborn plant work and the 1997 renovation could point toward both types simultaneously.

One thing nobody talks about upfront, jurisdiction matters enormously. I've had nearly identical cases resolve in 8 months in one state and take 3 years in another just because of local docket congestion.

Definitely consult with an attorney who can look at your specific exposure history before committing to anyone's timeline estimate.
3 found this helpful
Family
Joe's been dealing with the legal side of this since his diagnosis back in September and honestly the waiting is the hardest part, not in the way you'd think. We figured out pretty quick that the timeline stuff depends so much on what happens health-wise too. Like he started his immunotherapy in November and the lawyers wanted to know all these details about his treatment plan before they'd even file anything, because apparently if you're still in active treatment they handle the case differently than if you're stable or palliative.

What surprised us most was that having multiple exposure points didn't speed things up like we thought it would. If anything it made the paperwork longer because they had to track down records from the Ford plant AND from the insulation removal, get affidavits from people who remembered working with you back in 1997. We're talking phone calls to old coworkers, requesting decades of employment records. One of the lawyers told us in March that they were still gathering stuff from Dearborn.

The settlement versus trial thing... we haven't had to make that call yet but from what I've heard from other people at our support group, most cases do settle before trial just because it takes forever to actually get to court. But I'd ask Mark about that since he seems to know the actual numbers.

How's your recovery going otherwise? The chemo tune-ups must be intense.
Attorney Expert Response
Both of those attorneys gave you numbers that could honestly be accurate depending on how things shake out. Six months is possible if you settle quickly and the defendants don't drag their feet. Two years is also realistic, sometimes more, especially if it goes to trial or there are disputes about which companies bear responsibility.

The multiple exposure points you're describing, the Ford plant work and the 1997 renovation, that's actually pretty common in these cases and it doesn't necessarily make things harder. What it does is expand the pool of potentially liable parties. Brake friction products and old building insulation were both heavily asbestos-containing materials through most of the 20th century, so you may have claims against several different manufacturers or their bankruptcy trusts. Some of those trust claims can resolve faster than traditional litigation, sometimes within 90 days of filing.

I had a client with a very similar occupational history who filed in late 2019 and received compensation from multiple trusts by early 2021, while a separate manufacturer lawsuit ran concurrently. The timelines don't always move together.

Settlement does typically resolve faster than trial. Trial dates in asbestos dockets can get pushed back, and some jurisdictions like Cook County or New York City have specialized asbestos courts that move more efficiently than others. Michigan has its own procedural rules that could affect your timeline too.

Honestly the fact that you have a clear diagnosis post-surgery and documented work history puts you in a reasonable position. But please do consult an attorney who handles your specific situation before making any decisions about who to sign with.
3 found this helpful
Patient
Yeah that's kinda what I figured, the whole "it depends" answer. But at least knowing it could be anywhere from 6 months to 2 years plus gives me something to work with instead of just spinning my wheels. And good to know the multiple exposures aren't gonna slow things down, I was worried about that part making it more complicated.
Attorney Expert Response
Both of those guys are technically telling you the truth, which I know is frustrating to hear. The 6 month number typically reflects a trust fund claim, and the 2 year number is closer to what you'd expect if litigation gets filed against a manufacturer and actually moves toward trial.

Here's the practical reality. With 30 years of brake dust exposure at a Ford plant plus a documented 1997 renovation, you likely have multiple defendants and multiple exposure sources. That's actually a good thing for building a case. We had a client years back with a similar dual-exposure profile, a shipyard worker who also did home renovation, and identifying all the product manufacturers added about four months to the research phase but meaningfully changed the outcome. More responsible parties can mean more avenues for recovery.

The settlement vs. trial question matters a lot. The overwhelming majority of asbestos cases, I'd say somewhere around 95% based on what I've seen over 20 years, resolve without going to trial. Settlements can move faster but the timing still varies by defendant and which jurisdiction your case gets filed in. Some states have specialty asbestos dockets that move cases in under a year. Others are slower.

The fact that your EPP went well and you're tolerating chemo is honestly good news for this process too, because your legal team can take the time to do the research properly rather than expediting everything.

Consult with an attorney about your specific situation before making any decisions, because the Dearborn plant history alone is worth a thorough review.
3 found this helpful
Attorney Expert Response
Carl, the Dearborn Ford plant detail is actually significant. A lot of the brake product manufacturers from that era had established settlement trusts set up specifically because of the volume of automotive worker claims, so your attorney may be able to access those without full litigation. That's a different pipeline than a standard lawsuit and it can move faster, sometimes concurrently with other claims. We've seen guys get trust distributions in the $40,000-$60,000 range while a separate manufacturer lawsuit was still working through discovery. The two tracks don't have to wait on each other. Worth asking whoever you retain whether they have experience with the asbestos bankruptcy trust system specifically, because not every firm works that side of it the same way. As always, consult an attorney about your specific situation since state filing deadlines vary.
3 found this helpful
Attorney Expert Response
Both of those callers are telling you the truth, which is frustrating because it means neither answer is wrong. In my experience with cases like yours, settlements in asbestos litigation typically resolve somewhere between 12 and 24 months from when you actually retain counsel and get the paperwork moving, though I've seen cases wrap up faster and others stretch well past that.

Multiple exposure points like yours, the Ford plant work and the 1997 renovation, can actually work in your favor. More defendants potentially means more settlement funds from different asbestos trust funds. There are currently over 60 active asbestos bankruptcy trusts, and some pay out on a fairly predictable schedule. The brake dust exposure specifically has a well-documented litigation history going back decades so there's no shortage of prior cases establishing the link.

Settlement versus trial is a real fork in the road. Settlements happen faster and with more certainty. Trials can take years and the outcome is never guaranteed, but they may result in higher awards in some situations. Most cases, honestly, settle before trial. I'd say somewhere around 95% in my practice.

Two months post-EPP, you're still early. Getting your pathology records, work history, and a solid occupational exposure timeline organized right now will save everyone time later. One case I worked on out of Wayne County in 2019, the client had almost exactly your background and having those Ford employment records ready to go shaved months off the discovery process.

The fact that you're feeling well and not in financial crisis gives you leverage to let the case develop properly rather than rushing into a quick low offer.

Please do consult an attorney for your specific situation, preferably one with asbestos trust fund experience, before you sign anything.
3 found this helpful
Family
The timeline thing is honestly all over the place because so much depends on your specific situation. My dad's case is still pending and he was diagnosed back in March, so I'm living this right now. From what I'm seeing with his legal team, they're estimating anywhere from 18 months to 3 years before anything settles, but that's assuming we don't go to trial which would drag it out even longer.

The settlement vs trial thing does matter yeah. A settlement is faster, usually, because both sides just want to close it out. Trial takes forever because of court schedules and discovery and all that stuff. But the amount you get can be different either way and honestly I don't think you should rush into accepting the first offer just because you want it done.

Your Dearborn exposure is solid and then the 1997 insulation work on top of it actually strengthens things because you've got multiple documented sources. That's not harder, that's easier. The lawyers love having a clear work history like that with actual company records they can pull. Ford's got decades of documentation. The insulation job is trickier since it's personal property but it still counts as exposure.

What I'd say is don't let them pressure you into anything fast. You're doing chemo and recovery right now, that's where your focus needs to be. The legal stuff will move at its own pace regardless. We hired someone in June and they're still in the information gathering phase with my dad's old employers. It's slow but that's actually normal.

How are you holding up with the chemo after surgery? That's the part that actually matters right now.
Patient
Yeah 18 months to 3 years sounds more in line with what I'm hearing from the folks who actually know what they're talking about. That first guy saying 6 months had me suspicious, felt too good to be true. How's your dad doing with the waiting part, that's gotta be its own kind of stress on top of everything else. And I'm guessing if we're looking at that timeline anyway I should just focus on getting through these tune-ups and not losing sleep over the legal stuff yet.

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