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anyone know how long these claims actually take? asking for my husband

Caregiver · · 89 views
its 2am and im just sitting here googling stuff i probably shouldnt be googling at this hour lol. but im trying to figure out the timeline for his claim. like how long are we talking here? months? years?

i know hes got a solid case with his work history but im so tired of not knowing whats happening next. the lawyer said it could take a while but thats kinda vague you know?

has anyone gone thru this? what was your experience? im just trying to plan ahead and maybe not stress about every little thing. well, stress less anyway. hard to do when your husband is dealing with stage 4 but im trying.

thanks if anyone responds. and sorry for the rambling its late and im exhausted

9 Replies

Patient
I get the 2am googling thing, I've been there too, probably more times than I'd like to admit. From what I've gathered through my own research and talking with others here, you're looking at anywhere from 18 months to several years depending on whether it settles or goes to trial. Some people I've connected with saw resolution in about 2 years, others are pushing 4 or 5.

The thing that helped me stop spiraling was asking my legal team for a more specific timeline based on the defendant and claim type. Like, I found out early on that my case involved a specific company and whether similar cases against them tend to settle or litigate. That gave me actual numbers instead of just "it takes a while."

Also, and I'm keeping a detailed symptom journal anyway for my own medical tracking, documenting everything now actually helps your case move faster. Dates of diagnosis, treatments, how it's affecting daily life. Lawyers love having organized records because it speeds up settlement negotiations.

Your husband's work history from Johns-Manville era cases... those tend to move a little faster than some because the exposure documentation is usually pretty clear. That's actually in your favor.

I know it's exhausting waiting. I'm in the middle of evaluating surgery options right now so I'm kind of in this limbo period myself where it's hard to plan anything. But having even rough timelines helped me breathe a little easier.
Caregiver
oh man thank you for that. honestly just knowing other people have been in the 2am googling spiral makes me feel a little less crazy. and yeah, i think i need to have another conversation with the lawyer about what we're realistically looking at. they keep saying "it depends" which i get but like... my brain needs a ballpark figure, you know?

a couple years sounds long but also kinda manageable if thats what we're dealing with. i just dont want to get my hopes up too much or think somethings happening when its not. have you found it helps to check in with them regularly or do you try to just let it sit between updates? im still figuring out the balance between staying informed and driving myself nuts lol.
Veteran
Filed my VA claim back in November and still waiting. So yeah, they're not exactly speedy. I'm Stage II, diagnosed in October after that cough wouldn't quit. Had surgery in December and the VA's still dragging their feet on my end. Your husband's got the right idea getting a lawyer involved because the VA process is a maze and they won't tell you squat about timelines.

From what I've seen talking to other guys here and at the VA office, you're looking at months minimum, could be longer depending on how complete his work history documentation is. They love asking for more records. I had to track down stuff from Camp Lejeune going back to 1978, took forever just getting the Navy to confirm I was even there. But don't let the waiting paralyze you. Get copies of everything now, medical records, work history, any witness statements from guys he worked with. The more you have ready, the faster things move when they finally get around to looking at it.

And look, I know the stress is real. My wife was doing the same 2am google thing. But you planning ahead is exactly right. That's what you can control.
Patient
I get the 2am googling thing. I was doing that constantly after my diagnosis in November, just trying to piece together how this all works. Your husband's lucky to have you staying on top of things because honestly the timeline question is important and "it could take a while" isn't really helpful.

From what I've learned talking to people here and doing my own research, if he's got solid documentation of his work exposure, which it sounds like he does. The claims themselves can move faster than you'd think. I've seen people say anywhere from 6 months to 2-3 years depending on a lot of factors. Whether they need to depose witnesses, how cooperative his former employer's records are, if there's litigation involved or if it settles. That's the real variable.

My case is still early so I can't speak from personal experience yet, but I've been keeping detailed notes on everything. My symptom timeline, when I worked where, what I was exposed to. Having that stuff organized actually made a difference when we started the process. If your husband hasn't already, maybe suggest he document anything he remembers about conditions at the site, coworkers who can corroborate, any medical records that show symptoms even if they weren't diagnosed as mesothelioma at the time.

Stage 4 is rough. I'm stage II and already dealing with the weight of all this so I can't imagine. But the legal piece does move, even when it feels like nothing's happening. The waiting is the hardest part honestly.
Attorney Expert Response
Don't apologize for the rambling, honestly this is exactly the kind of question that deserves a real answer and not just "it depends."

So here's the general picture. Mesothelioma claims can move through a few different paths and the timeline really does vary. If his exposure involved companies that have already set up asbestos trust funds (and many have, there are currently over 60 active trusts), those claims can sometimes resolve in months rather than years. Trust fund claims tend to move faster than going to trial.

Litigation through the courts is slower. Could be 1-3 years depending on the jurisdiction, the court's docket, how many defendants are involved. But here's something worth knowing, most jurisdictions have what's called "expedited" or "preference" status for mesothelioma cases specifically because of the diagnosis. Courts recognize that time matters. A good asbestos attorney should be pushing for that status if they haven't already.

And it's usually not one or the other. Many cases involve both trust fund claims and litigation running at the same time.

The most useful thing you can probably do right now is ask his attorney directly, what path are we on, are we pursuing trusts, are we in litigation, and have you requested expedited status given his diagnosis. Those are specific questions that should get you specific answers rather than "it takes a while."

Definitely consult with his attorney about the specifics of his case and jurisdiction. Every case really does move differently. But you're not wrong to want a clearer picture.
3 found this helpful
Family
Hey, I totally get the 2am googling thing. I do that too, usually when my dad's having a rough night and I can't sleep anyway. So you're not alone in that at least.

From what I've seen and learned through my dad's process, these claims really do vary a lot. There's no standard timeline because it depends on so many factors, how clear the exposure history is, whether they need to gather medical records from multiple providers, if there's any back and forth with the defendant's team. Some people I've talked to here have seen things move relatively quickly, others have waited years. I know that's not the concrete answer you're looking for, but it's the honest one.

What I'd say is, and this is coming from both a healthcare provider and someone living this, try to get a realistic timeline from your lawyer in writing if you can. Not just "it could take a while" but like, what are the actual next steps and rough timeframes. Ask them specifically what they're waiting on, what they need from you guys, when they expect discovery to close. Having that roadmap, even if things shift, makes it feel less like you're just floating in the unknown.

Also, please take care of yourself while you're managing his care and dealing with this legal stuff. I know that sounds like something people say and it sounds impossible, but burnout is real. Your body keeps score of the stress even when your brain is just focused on getting through the next day.

Your lawyer should be checking in regularly with updates. If they're not, that's worth pushing back on. You deserve to know what's happening.
Attorney Expert Response
Don't apologize for the rambling, you're doing what you can for your family at 2am and that says a lot.

On the timeline question, it really does vary, and I know that's frustrating to hear. But here's what I can tell you from 20+ years working these cases. There are typically two different paths that run kind of parallel to each other. First is the trust fund route, many companies that used asbestos went bankrupt and set up settlement trusts, and claims through those can sometimes resolve in a matter of months depending on the trust and the documentation. Second is litigation against companies that are still operating, and that can take longer... sometimes a year or more depending on the jurisdiction and the court's docket.

The good news with a stage 4 diagnosis is that courts in most states have what's called an "expedited" or "preference" docket, basically they move the case to the front of the line given the circumstances. California has this under Code of Civil Procedure 36, and many other states have similar provisions. Your husband's attorney should absolutely be requesting that if they haven't already.

Strong work history documentation really does help. That part you mentioned is genuinely important because it can shorten the fact-finding phase considerably.

Every case is different and timelines depend heavily on which state you're in and which companies are involved, so please consult with your attorney specifically about requesting expedited status if that hasn't come up yet. It's worth asking directly.
3 found this helpful
Caregiver
Hey, I get it. We're in a similar spot with my wife stage 3 and I was doing the same thing at 2am googling everything. The waiting is the hardest part honestly.

From what we've dealt with, timelines really vary. Some cases settle faster, some drag on. We're talking anywhere from under a year to several years depending on how much back and forth there is with the other side. Our lawyer said upfront it could be 18 months to 3 years and that's kinda where we're at now about a year in. Still waiting.

The thing that helped us was getting a real timeline from the lawyer early on, not just "a while". Ask them to be specific about what stages are coming - discovery, depositions, all that stuff. That way you're not just hanging in limbo wondering what's next. Makes it easier to plan financially too which I know matters.

And honestly, don't stress about planning perfectly right now. You're both dealing with enough. Just focus on her treatment and getting through each month. The claim will move at its own pace. What you need to focus on is making sure your medical bills are getting handled and you're not drowning while you wait. That's where a lot of people get stuck.

You doing ok though? This stuff burns people out fast.
Family
oh gosh, the 2am googling thing... i do that all the time when i should be sleeping. and yeah, "it could take a while" is basically the least helpful thing anyone can say lol.

from what ive learned since my mom got diagnosed, these things really do vary a lot. some people i've talked to on here have seen things move pretty quick, like under a year, but i've also heard of people waiting multiple years. it depends on so much - like how clear cut the exposure is, whether they need more medical stuff, if there's any back and forth with the other side. it's frustrating because you just want a timeline you know?

what i will say is that my mom's lawyer has been pretty good about checking in and giving us updates even when nothing huge is happening. so if your husband's lawyer isn't doing that, maybe it's worth asking them for a rough estimate or like a general idea of what the next steps are? sometimes just knowing what's coming next helps a tiny bit with the stress.

and hey, i get it about the stage 4 thing. some days i'm just trying to keep it together while teaching 25 second graders and then coming home to help with appointments and i'm like how am i even doing this. you're doing better than you think you probably are, even if it doesn't feel like it at 2am.

hang in there 💙

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