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how long does joe's lawsuit actually gonna take - anybody know the timeline

Family · · 2,859 views
So we're about 4 months into this whole thing with Joe's diagnosis and our lawyer keeps saying 'it depends' which I get but like... I'm trying to plan. Do people actually go to trial or does most of this settle before that happens. I taught for 32 years so I'm used to timelines and benchmarks but this is different and honestly kinda scary not knowing when things might resolve.

I guess what I'm really asking is, from diagnosis to actually getting a settlement, what are people seeing. Months? Years? I know it probably varies depending on whether it's VA related or workplace exposure or what, but I'm trying to get my head around what 'normal' even looks like here.

Joe's Stage III pleural and we're doing immunotherapy right now which is going okay, so I'm not in crisis mode or anything. Just trying to understand the actual calendar we're looking at.

14 Replies

Patient
Most of mine settled without trial, usually 1-2 years from diagnosis depending on your exposure documentation and how solid your workplace records are. The "it depends" thing is frustrating but honestly your lawyer's right because it really does vary wildly. Keep that symptom journal and any old pay stubs or coworker contact info organized though, that stuff speeds things up considerably.
Patient
Yeah so here's what I'm seeing on my end. Got diagnosed December, did the EPP surgery in February, and we're already like 8 months in. My lawyer said early stage plus solid documentation from my shop records means we could be looking at settlement talks by end of next year, maybe sooner. But Patricia's right about the documentation piece being huge. I had my old employer's maintenance logs from the 70s and 80s showing brake work, plus receipts from when we renovated the house in '98 and found asbestos in the insulation. That stuff moves things faster apparently.

The thing that surprised me was how much the initial settlement range depends on what stage you're at when you file. My guy was real straight with me about it in like March, said Stage I is different money than Stage III like Joe's got. Not trying to sound dark but he basically said get it rolling sooner rather than later, which honestly lit a fire under us to get all our ducks in a row.

One thing nobody tells you though: even while the case is cooking, you're dealing with treatment costs and sometimes insurance questions. We had to fight our old company's insurance about coverage for some of the surgery. That doesn't speed up the lawsuit but it does add stress on top of everything else. Patricia mentioned exposure docs and that's the real bottleneck I think. How good are Joe's workplace records?
Attorney Expert Response
Carl's point about documentation is spot on, and I'd add one thing nobody's mentioned yet: the exposure source matters enormously for timeline, not just documentation quality.

Cases with a single clear employer tend to move faster. What I've seen over 20 years is that multi-site exposure claims, say someone worked at three different shipyards across two states in the 70s, can add 6-12 months just sorting out which defendants are actually liable under which state's statute of limitations. California and New York handle this very differently than, for example, Texas.

And honestly the thing that catches families off guard is that most asbestos settlements aren't one check. Joe may have claims against multiple trust funds AND a defendant company, and those can resolve on completely different timelines. One piece might settle in month 14 while another runs to month 26.

Your lawyer's "it depends" is genuinely accurate, frustrating as that is. Given Joe's Stage III diagnosis, it may be worth asking specifically about expedited trial docket options, some jurisdictions offer these for terminal diagnoses and I've seen them move cases to resolution in under 12 months. Worth asking directly if that's available where you filed.

Talk to your attorney about your specific situation, but that's a question worth putting on the table at your next meeting.
3 found this helpful
Attorney Expert Response
One thing I haven't seen mentioned yet: the immunotherapy piece may actually matter to your timeline in ways people don't expect. Courts and defendants both pay attention to current treatment status, and in some jurisdictions there are expedited docket provisions for patients actively in treatment. California's Code of Civil Procedure 36 is the most well-known but similar mechanisms exist in maybe a dozen states.

What that practically meant in a case I handled out of Philadelphia in 2019 was we got a trial date set within about 90 days of filing, which completely changed the settlement math on the defense side. They weren't waiting us out anymore.

So if your attorney hasn't specifically raised whether your state has an expedited track, that's worth asking about at your next conversation.
2 found this helpful
Family
Oh wow, I didn't even know that was a thing. So you're saying because Joe's actively in immunotherapy right now, that could actually speed things up instead of just being another factor we're dealing with? That's... actually kind of helpful to hear. Do you think that applies in Florida or is it more of a west coast thing? I've been so focused on just getting through the treatment that I didn't realize it might work in our favor timeline-wise.
Attorney Expert Response
Angela, yes exactly, and there's actually a specific legal mechanism behind that. In cases where a plaintiff is in active treatment, many defendants become more motivated to resolve before the next scan or the next treatment decision, because prognosis uncertainty cuts both ways for them.

The thing I'd flag that nobody's touched on yet is what's called an "expedited docket" in some jurisdictions. California and New York both have formal processes where Stage III and IV cases can get placed on an accelerated trial track, sometimes getting to trial in under 12 months from filing. I had a case out of Alameda County in 2019 that moved from filing to settlement in about 14 months partly because of that track. Not every state has this, so it really does depend on where you filed.

Your lawyer saying "it depends" isn't evasion, it's honestly the most accurate thing they can say, but you can push them specifically on whether your jurisdiction has an expedited docket and whether Joe's Stage III diagnosis qualifies you for it. That's a concrete question with a concrete answer, not a "depends" situation.

Consult with your own attorney about the specifics since state rules vary considerably here.
2 found this helpful
Patient
Yeah man, that "it depends" answer is frustrating but honestly they're not wrong. I'm about a year and a half out from diagnosis now and still waiting, so I get the calendar thing. Teachers gotta have their schedules right, I get it.

From what I've seen talking to folks here and just my own deal, most people aren't going to trial. I think alot of cases settle but it can take time. Some people say 2-3 years, some say longer. Mine's still rolling so I can't tell you the finish line yet but my lawyer said early on that these things don't usually blow up fast like a car accident lawsuit would. The exposure happened decades ago for most of us, so the system kinda treats it like there's time.

What I did notice is getting everything documented early helps. I had to dig up old pay stubs from the 70s and 80s to prove where I worked and what I was exposed to. That alone took months to track down. And medical records, imaging, all that stuff needs to be solid before anything really moves. So even if the legal part is slow, just getting your ducks in a row takes longer than you'd think.

Joe's got immunotherapy going which is good. I did the EPP surgery back in February and it went better than I expected, so there's that. But yeah, don't expect answers on a teacher's timeline unfortunately. These lawyers move at their own pace.
Family
Yeah, 2-3 years is what I keep hearing too and honestly that helps more than "it depends" lol. A year and a half in already though, that's gotta feel like forever. How are you holding up with the waiting part? I think what gets me is Joe's doing the immunotherapy and we're in this weird space where we're hopeful about treatment but also just... waiting. It's like teaching during a snow delay, you know, everything's just suspended.
Veteran
Most cases settle before trial, usually takes 1-3 years from diagnosis depending on your exposure history and how solid the documentation is. Sounds like you're asking the right questions early, which puts you ahead.
Family
That's actually really helpful to know, thanks Frank. The 1-3 year range gives me something to work with at least. I'm guessing having Joe's work records from his old job is gonna matter a lot for that timeline, and we do have pretty good documentation of where he was exposed. I'll bring that up with the lawyer next time we talk to see where we actually land in that range.
Veteran
Most settle before trial, probably looking at 1-3 years from what I've seen but it really does depend on your case specifics. Lawyer should be able to give you a better window once discovery starts moving. Hang in there, the not knowing part is the worst.
Family
Yeah the 1-3 years thing helps actually, gives me something to work with. Discovery... that's when things start moving faster right? Our lawyer mentioned that but didn't really explain what changes. And you're right about the not knowing being the worst part, it's almost harder than the diagnosis itself if that makes sense.
Family
My dad was diagnosed in March and we're eight months in now, so I get the not-knowing piece. It's maddening when you're someone who needs a timeline to feel grounded, and honestly the legal side moves nothing like medicine does.

From what I've learned talking to our legal team and other families at the palliative care center where my dad's been since October, most cases don't go to trial. A lot settle somewhere in the discovery phase or after depositions, which can take anywhere from 18 months to three years typically. But that's the "typical" and this stuff is anything but typical depending on your exposure history and which companies are involved.

What actually matters more than the timeline is making sure your documentation is solid. We spent a ton of time early on getting my dad's old work records, medical files from way back, because gaps make everything take longer. Our lawyer kept asking for stuff from 1987 and I was like okay this is a marathon not a sprint.

The scariest part honestly is that the timeline doesn't always sync with health trajectory. My dad's doing worse faster than anyone predicted and I keep thinking about whether he'll see resolution or whether I'm managing his affairs from a different place. I don't mean to be dark about it but that's the real piece nobody talks about. The legal timeline is one thing. The other timeline is completely separate and way more urgent.

Stage III is different than where my dad landed so there's more runway potentially. Has his oncologist given any progression estimates? That might be the timeline that matters most for planning purposes.
Patient
Yeah man, I feel you on wanting to know the timeline. Gets frustrating when everybody just shrugs at you. From what I've seen and heard around here, most cases do settle before trial but it's not quick, and "it depends" really is the annoying truth because it does depend on a bunch of stuff.

I got my diagnosis last December and had my EPP surgery back in February, so I'm still pretty early in the whole process myself. Haven't even started chemo yet, my docs wanted to see how the surgery recovery went first. But I've been talking to guys at my old garage who dealt with this stuff and one buddy's case took like 3 years from initial claim to settlement, another guy settled in about 18 months. The difference seemed to be how clear cut the exposure was. Mine's pretty straightforward - brake dust for 30 years, so that helped.

What I've learned is don't expect a trial. Most settle because both sides know how expensive that gets and mesothelioma cases, the companies usually just wanna close it out. But the waiting is real. Insurance paperwork takes forever, then your lawyer has to build the case, then there's back and forth, then settlement talks. It's not like getting your car fixed where you know when you're picking it up.

Your guy's Stage III so I get why you're thinking about timelines for real life stuff. That's smart actually. Just tell your lawyer you need quarterly updates on where things stand, not just "it depends." They can usually break down what's happening in each phase even if they can't promise when it closes.

How's Joe doing on the immunotherapy so far?

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