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how long does it actually take to get a settlement? realistic timeline

Patient · · 57 views
So I'm 2 months out from my EPP surgery and doing pretty good, but now my head's spinning about the legal stuff. Got diagnosed December and I'm wondering what I'm looking at time-wise. Like is this a year thing, five years, what?

I know it probably depends on the case and whether you're suing or going after trust funds or whatever, but I gotta figure out if I should be planning my finances different. I got my settlement offer from my old employer's insurance already which kinda surprised me, but I don't know if I should take it or hold out for more.

Anybody been through this already? What was your actual timeline from diagnosis to getting paid? And like, does it matter if you go with a law firm versus trying to do it yourself because I honestly have no idea how any of this works.

11 Replies

Family
my brother got diagnosed last july and hes still waiting on his settlement stuff. his lawyer said it could be another year or two depending on how the company fights it. hes stage 2 pleural so kinda similar to what youre dealing with maybe.

the thing is my brother tried to negotiate with his old employers insurance on his own first and honestly they lowballed him bad. like we're talking the difference between what they offered and what his actual lawyer said he could get was pretty significant. once he got representation it moved faster even tho everyones telling us to be patient.

your situation sounds different tho since you already got an offer. i dont know enough to say take it or hold out but my brothers lawyer told him never take the first one without getting it looked at by someone who actually knows mesothelioma cases. that part stuck with me.

from what ive seen the timeline really does depend on trust funds versus going after companies. trust fund claims seem to move quicker from what ive read. companies will drag it out if they think youll settle cheap.

how are you feeling after the epp? my brother had that done in march and it was rough for a few weeks but he bounced back better than he thought.
Patient
Yeah that's what scares me a little, the lowball thing. Your brother's situation sounds rough but also kinda helpful to know. Did his lawyer say whether going to them right away from the start makes a difference, or was your brother just unlucky with his first offer? Cause I'm sitting here looking at what the insurance company threw at me and honestly I got no idea if it's decent or garbage.
Attorney ✓ Expert Response
Good questions, and the fact that you're thinking about this two months post-EPP while recovering well says a lot about where your head is at.

On timeline, what I've seen over 20 years is that trust fund claims can sometimes resolve in 90 to 180 days once the paperwork is in order. Litigation against a living defendant, that's a different animal entirely and could run two to four years depending on jurisdiction and how aggressive the defense is. Some states like Texas have expedited dockets for mesothelioma cases specifically, which can compress that timeline considerably.

The early settlement offer from your employer's insurer is the part that caught my eye. That happens sometimes when a company knows their exposure is significant and wants to close it out fast. The number they offered in December may look very different after a thorough review of your full exposure history, your prognosis, your lost income, future medical costs... there's a lot that goes into a proper valuation that a quick offer won't reflect.

The self-rep question, I'd just say that asbestos litigation involves identifying dozens of potentially responsible parties across multiple decades of work history, and trust fund claim procedures each have their own specific requirements. Missing one entity could mean leaving a substantial portion of potential recovery on the table.

Please do consult an attorney for your specific situation before responding to that offer, even if it's just one conversation. Most asbestos attorneys work on contingency so the initial consultation shouldn't cost you anything.
4 found this helpful
Patient
Yeah that 90 to 180 day thing on trust funds is good to hear, that's way faster than I thought. So if I go that route with my old employer versus litigation, I'm looking at getting answers pretty quick basically. My insurance guy mentioned there might be a couple different trusts involved since I had that home reno exposure too, does that complicate things or can those get processed together? And I guess my dumb question is, if I take the insurance settlement offer now am I burning the bridge on going after the trusts later, or are those separate deals entirely?
Attorney ✓ Expert Response
That early settlement offer from your employer's insurance caught my eye. In my experience, when an insurer moves that fast, it's usually because they've already done their own exposure analysis and they're trying to close it out before you understand what the case is actually worth.

I had a client in 2019 who accepted a quick offer from his former employer's carrier, something in the range he thought was reasonable. We found out later there were three viable trust fund claims on top of that which he'd already waived by settling. The release language in those early offers can be broad enough to cut off other recovery options entirely, and most people don't realize that until it's too late.

So on your specific question about timing, trust fund claims and litigation can actually run parallel in some states. That's a jurisdiction-specific thing, but it's worth asking about because it changes the math on how you plan financially. You don't always have to choose one or the other.

Please talk to an attorney before responding to that offer or signing anything. Even just a free consultation.
3 found this helpful
Attorney ✓ Expert Response
Carl, one thing worth knowing that nobody's mentioned yet: mixing both paths is actually pretty common. A lot of clients we've worked with filed trust claims on the manufacturers while simultaneously pursuing litigation against an employer or premises owner. The trust money can come in at 90 to 180 days and provide some financial breathing room while the longer litigation plays out.

And on the "do it yourself" question... in 20 years I've genuinely never seen a pro se mesothelioma case end well for the plaintiff. The defendants have full-time legal teams who do nothing else. That's just the reality of it.

Consult an attorney about your specific situation before making any decisions, especially on that early offer.
3 found this helpful
Family
Hey Carl, Joe went through something similar with his initial offer back in November when he started immunotherapy. His company came in pretty quick too and honestly we were tempted because the medical bills were already piling up and it felt like "just take it and stop worrying." But we sat with it for like three weeks before deciding to talk to someone, and I'm really glad we did because the offer seemed way low once we had someone who actually knew the numbers look at it.

What I wish we'd done earlier is just gotten that initial consultation without feeling like we had to decide right away. The waiting is the hardest part mentally, not gonna lie. I was still teaching full time when Joe got diagnosed and I remember thinking the legal stuff would be this distraction but honestly once we had a plan it was easier to just focus on his treatment and let the process happen in the background.

The trust fund route Mark mentioned does sound faster though. Have you found out yet which category your old employer falls into?
Patient
Yeah that part about the offer seeming low once someone looked at it really hits home, that's exactly what I'm nervous about. Did the lawyer guy say how much more you ended up getting, or is that kinda personal? Just trying to figure out if sitting tight is worth the wait or if I'm just being stubborn about it.
Patient
I'm still in the thick of this myself so take that with a grain of salt, but I can tell you what I've learned in the last couple months. Got my diagnosis in November, started talking to legal representation in early December, and honestly the timeline stuff varies wildly depending on which route you take.

The trust fund claims move faster. I looked into that route first since Johns-Manville filed for bankruptcy back in 1982 and has a dedicated trust. Those can settle in months if everything's straightforward, maybe 6 to 18 months. I didn't go that way though because my exposure documentation was solid enough that my attorney thought a liability case had better payout potential.

Here's what surprised me: I got an initial offer from the insurance carrier pretty quick too, like within 6 weeks of my diagnosis being documented. My lawyer advised against taking it immediately. He said that early offers are typically lowball offers because they're betting you're scared and need money fast. We countered and got a much better number. Still working through that but we're maybe 3 months in and it's moving.

The full litigation route if you actually have to go to trial? That could take years. But most mesothelioma cases settle before trial. I've read studies suggesting the median is somewhere around 1 to 2 years from filing to settlement. Some faster, some slower.

Going with representation versus doing it yourself isn't really a choice in my opinion. These attorneys work on contingency so you're not paying upfront, and they know exactly how much your case is worth based on comparable cases. I couldn't possibly navigate the asbestos litigation landscape on my own, especially while dealing with medical stuff.

What matters more is picking the right firm. They should have actual mesothelioma experience, not just general personal injury. I spent three weeks interviewing before I decided.
Veteran
got my va claim filed in november, still nothing six months later so don't count on that moving fast. take the insurance offer if you need the money now, waiting games eat you up mentally and you don't know how much time you got.
Patient
Yeah man, that's what I'm worried about. The waiting part messing with your head more than the actual diagnosis, you know? Six months with nothing is rough. Did they at least give you a timeline on when they'll make a decision, or is it just radio silence? And I hear you on taking what's on the table, but I'm trying to figure out if this offer is actually fair or if I'm leaving money on the table by jumping at it too quick.

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