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how long does a meso lawsuit actually take from filing to settlement

Veteran · · 77 views
Got asked this by another vet at the VA clinic last week and realized I didn't have a straight answer. Been about 8 months since my diagnosis in June and I'm still in the early stages of my own claim so I'm not exactly an expert yet.

From what the lawyer explained to me, you got a few different timelines depending on how things go. If the company wants to settle early, could be anywhere from 6 months to maybe 2 years. If it goes to trial, you're looking at 3 to 5 years easy, sometimes longer. A lot of it depends on how many cases are already in the queue and whether the defendant actually contests things or just wants it done.

My understanding is that most of these don't go to trial though. The companies already know what meso is, they know the exposure history, so it's more about what number they're willing to pay versus what you're asking for. Back on the Oriskany we had a saying about cutting through the BS and getting to the point, and that's basically what settlement negotiations are.

The VA disability claim is a completely different track from the lawsuit, by the way. That one moved faster for me, got approved in about 4 months.

Anybody else further along in the process want to chime in on actual timelines?

9 Replies

Veteran
Filed mine back in November, so I'm right there with you. What your lawyer told you sounds about right from what I'm seeing. The VA claim is moving slower for me though - submitted in November and still waiting on the decision letter. Got the initial acknowledgment in early December but that's it. Heard from other guys at the VA clinic that it can take anywhere from 3 months to over a year depending on how backed up your regional office is. San Diego's isn't the fastest.

The lawsuit side is honestly less stressful because the lawyer handles most of it. You file, they start discovery, then it's just hurry up and wait. Had surgery in December and my oncologist said the staging could actually matter for settlement value, so I'm gathering all those medical records now. The companies know what they're dealing with when it's mesothelioma. They're not gonna fight you on causation if you can prove Camp Lejeune or ship service like I can. It's just about the dollars.

Most guys I've talked to say don't expect anything fast but don't panic either. The timeline sucks but at least it's moving. My advice is make sure your lawyer has all your military records straight from the jump. I had to chase down stuff from the '82 discharge and it took two months to get it sorted. That kind of delay can add up.
Attorney Expert Response
One thing that often catches people off guard is how much jurisdiction matters here. Filed in a state with an established asbestos docket, like certain counties in Pennsylvania or the City of St. Louis, and you might get a trial date in 18 months. File somewhere with no asbestos docket infrastructure and that same case could sit for years before it even gets scheduled.

And with vet cases specifically, the exposure documentation from naval service tends to be well preserved, which can actually speed up the liability piece considerably. The Oriskany, the Midway, the carriers especially... defendants know those ships. They're not contesting whether asbestos was there.

The other thing worth knowing is that some states have statutes of limitations as short as one year from diagnosis under certain circumstances, so the "early stages" window matters more than people realize. Talk to your own attorney about which state's law applies to your situation.
3 found this helpful
Veteran
Yeah that's a good point about the docket situation. My lawyer mentioned something similar when we were going over where to file. Sounds like location is almost as important as the actual case details then. Do most vets end up filing in one of those established docket states or does it depend on where you're living now?
Patient
I've been tracking this obsessively since November when I got diagnosed, so maybe this helps. What nobody really mentions is the discovery phase eating up months in the middle of everything. My lawyer said we're in month 3 now and we're still gathering my employment records from Johns-Manville, 1978-1985, plus all the medical documentation. The actual settlement conversations haven't even started yet but she's already prepping me that this could easily stretch to 18-24 months just based on how many cases are ahead of mine in the Cleveland docket.

The thing that surprised me most though is how much your stage matters for timing. I'm Stage II peritoneal and apparently that's actually better positioned for settlement than some of the advanced cases, because the liability is clearer but the damages calculation is more predictable. Stage IV folks sometimes take longer because there's more negotiation around life expectancy projections and what that means financially.

William, did your lawyer give you a timeline for when discovery officially starts? I'm keeping a detailed symptom journal anyway for my own medical records, but I'm wondering if I should be documenting the claims process timeline too...
Attorney Expert Response
Your breakdown is pretty accurate from what I've seen over 20 years of these cases. The 6 months to 2 years for settlement is realistic, though I'd say 12 to 18 months is probably the most common window for cases where liability is reasonably clear and the defendant has deep pockets or trust fund access.

The trust fund piece is worth knowing about. A lot of the original manufacturers went bankrupt and set up asbestos bankruptcy trusts, and claims against those trusts move on a completely different timeline than civil litigation. Sometimes faster, sometimes you're dealing with multiple trusts simultaneously because exposure happened across several products over the years. We had a client in 2019 who ended up with claims against seven separate trusts from his shipyard work in the 70s. Each one processed on its own schedule.

Jurisdiction matters more than people realize too. Some courts have rocket dockets specifically for mesothelioma cases because of the terminal diagnosis, meaning judges will expedite trial dates significantly. California, New York, and a few others have these mechanisms built in. Your attorney should be pushing for that kind of preference if it's available in your venue.

The VA track running parallel is smart. Keep those moving independently because they don't interfere with each other legally, and the VA documentation can actually strengthen your civil case by establishing exposure history.

As always, consult an attorney familiar with your specific jurisdiction and exposure history because the variables really do change everything about the timeline.
3 found this helpful
Attorney Expert Response
Your breakdown is pretty accurate, and the VA/lawsuit distinction you made is one that trips people up constantly. Those two tracks run parallel and don't affect each other legally, which is something I wish more vets understood from day one.

On timelines, I've had cases resolve in under a year and others that stretched past five. The biggest variable in my experience isn't the defendant, it's which court the case gets filed in. A case filed in Madison County, Illinois in 2019 moved at a completely different pace than the same basic facts filed in federal court. Jurisdiction matters a lot more than most people expect going in.

The other thing that affects speed is whether asbestos trust funds are part of the picture. A lot of the companies that manufactured insulation and gaskets decades ago went bankrupt and set up trusts, and filing against those trusts runs on its own separate timeline from any lawsuit against solvent defendants. Sometimes you're doing both simultaneously.

What you said about most cases settling is right. In my two-plus decades doing this I'd estimate somewhere north of 90 percent resolve before a jury ever gets involved. Companies with known asbestos liability generally understand their exposure, so it often comes down to documentation, medical records, and establishing the specific products a person worked around. The stronger that evidence, the shorter the negotiations tend to run.

As always, please consult an attorney for your specific situation, especially given the military exposure angle which may involve additional avenues.
2 found this helpful
Veteran
Yeah that court filing location thing makes sense. I hadn't thought about that being the real bottleneck instead of the company itself. Did you find that certain courts are way slower than others, or is it more random? Asking because my lawyer hasn't mentioned where mine's gonna be filed yet.
Family
honestly this is such a good question because i've been wondering the same thing about my mom's case. she was diagnosed in august so we're only like 4 months in and her lawyer said similar stuff about the timeline but it's hard to know what to actually expect when you're living it day to day.

what i didn't realize until like last month is how much the waiting is its own kind of stress. like yeah the settlement could take years but meanwhile my mom's dealing with chemo and we're trying to figure out insurance and i'm juggling lesson plans with driving her to appointments. some days i just want it resolved so we can breathe, you know? my coworker asked me last week how the "case" was going and i almost laughed because it doesn't feel real yet. it feels like we're just collecting documents.

the VA thing sounds way more straightforward which is good at least. did you end up getting both running at the same time or did you wait? i keep wondering if we should be doing something more proactive but honestly i don't even know what that would look like right now.

thanks for asking this because i think a lot of us are just sitting here confused about what normal looks like for this process. it helps knowing other people are in the fog too instead of feeling like we should already have answers
Veteran
Yeah the waiting hits different when there's active treatment happening on top of it. Your mom's got enough on her plate without wondering about timelines every day. The good news is most lawyers keep things moving in the background, so you don't have to think about it constantly. With your mom only 4 months in, she's still early enough that things could move pretty quick if the defendant doesn't want to drag it out.

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