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how long does this actually take? realistic timeline from filing to settlement

Patient · · 44 views
So I'm about three weeks post-diagnosis and already getting calls from different law firms. They all say different things about timeline and honestly it's making my head spin. One guy told me it could be anywhere from 18 months to five years depending on whether we go to trial or settle, and another basically said most cases settle within two to three years but didn't really explain what that meant.

I worked at the Johns-Manville plant in Cleveland from 1978 to 1985 so the exposure is pretty clear-cut, which I know helps. But I'm trying to understand what realistic actually means here. Like are we talking they file paperwork and then we wait two years for money, or is that the whole process including discovery and depositions and all that stuff.

Also what's the difference between how long the case takes versus when you actually get paid. Does settlement mean you get a check right away or does it take months after that to close out.

I'm in this weird space where I'm trying to understand my medical options for HIPEC and whether I should be waiting on any legal stuff to be finalized first, or if those are totally separate timelines. My oncologist said I shouldn't delay surgery based on legal stuff but I also don't want to make decisions without having all the information.

Has anyone actually gone through this and can tell me what their actual timeline looked like, not what someone told them it would be.

9 Replies

Veteran
Got my diagnosis in June, pleurectomy in August, so I'm not that far ahead of you M. But I can tell you what I've learned dealing with the legal side while handling the medical stuff.

The timeline they're quoting you is the whole thing. Filing to settlement or verdict, that's 18 months to five years depending on how it shakes out. My lawyers at Norfolk VA said most cases like mine settle around year two or three because discovery takes forever and then both sides usually figure out it's cheaper to settle than go to trial. That's what realistic means. The actual payout after settlement happens pretty quick once both parties sign off, maybe 30 to 60 days for the checks to clear.

Here's what matters though. Do NOT wait on the legal stuff for surgery. I asked the same question. My oncologist was straight with me, said mesothelioma doesn't care about court schedules and waiting six months for a settlement could mean the difference between operable and inoperable. Medical timeline and legal timeline are separate animals. You get treatment now, the case works itself out in the background.

Your exposure sounds clean from the Johns-Manville angle so that'll help move things along. Less arguing about causation means faster process usually. The depositions and discovery, yeah that's baked into that 18 to five year number. That's not something you do and then wait, that's happening while you're recovering from surgery and doing chemo or whatever your plan is.

One thing nobody told me straight up. The settlement amount, that's negotiated during the process. So don't make medical decisions based on hoping for a specific payout number. That's backwards. Get well first.
Patient
Yeah that's actually really helpful to know it's the whole timeline and not just the waiting period after filing. Did your lawyers give you any sense of whether settling earlier versus later made a difference in what you ended up getting, or is it more just about how complicated the discovery process gets? I'm trying to figure out if there's any advantage to pushing for a quicker resolution versus just letting it play out, especially since my medical stuff is on its own schedule anyway. And honestly it's reassuring to hear from someone who's actually managing both the surgery recovery and the legal side at the same time.
Attorney Expert Response
Johns-Manville specifically is actually an interesting situation because that trust was established through bankruptcy proceedings back in 1988, and claims against the Manville Personal Injury Settlement Trust follow a different path than standard litigation. So depending on which defendants your attorney names, you could be looking at trust claims that resolve faster than courtroom litigation, sometimes within 6 to 12 months of filing.

The part nobody explains clearly is that "settlement" and "getting paid" are genuinely two different moments. In my experience cases that settle around the 18 to 24 month mark, you're typically looking at another 60 to 90 days after signatures before funds are actually distributed. Sometimes longer if there are Medicare liens to resolve first, which is very common with mesothelioma.

And your oncologist is right, don't wait on surgery. We had a client in 2019 who delayed a procedure trying to coordinate with legal timing and it complicated everything medically. The legal record of your treatment is actually part of your damages documentation anyway, so proceeding with HIPEC isn't separate from the case, it's woven into it.

Talk to your own attorney about your specific situation in Ohio, jurisdiction really does matter here.
3 found this helpful
Patient
Hey, I'm kinda in your shoes right now actually. Got diagnosed December, had my EPP surgery in February so I'm about four months out. The thing nobody tells you is that the legal stuff and medical stuff ARE separate timelines but they're running at the same time, which is its own kind of headache.

My oncologist was the same as yours, said don't wait on legal to do surgery. So I went ahead with the EPP in February while my lawyers were still gathering my exposure records from the shop where I worked as a mechanic back in the 70s and 80s. Honestly that was the right call because recovery took longer than expected and I needed to focus on that, not depositions or whatever.

What I found out the hard way is the settlement timeline they quote you includes discovery and all that stuff, not just the waiting after you settle. So when they say two to three years that's from when they file until you get a check. After you settle there's still closing and paperwork but that's usually faster, couple months maybe. My lawyer said most of the time gets eaten up by back and forth with the defendant's insurance company.

The Johns-Manville trust thing is supposedly simpler because of how it's set up, so you might actually be looking at the faster end of those timelines. But honestly I'd talk to your lawyers about whether doing surgery now versus waiting changes anything legally. It shouldn't but ask anyway. And don't let the legal timeline pressure you on medical decisions, that's backwards.
Attorney Expert Response
Your oncologist is right, and I've seen too many clients delay treatment waiting for legal clarity that wasn't coming anytime soon. Those two timelines really do run independently of each other.

On the case timeline, the range you heard is accurate but it doesn't tell the whole story. The 18 months to 5 years figure typically describes the distance between filing and final resolution, and it includes everything... complaint filing, discovery, depositions, expert witnesses, and then either trial or settlement negotiations. Johns-Manville specifically is interesting because they filed for bankruptcy back in 1982 and established the Manville Personal Injury Settlement Trust, so depending on which entities are named in your case, some claims may move through trust claim processes which can actually resolve faster than traditional litigation. Ohio also has specific asbestos docket rules under the Revised Code that can affect pacing.

Most mesothelioma cases do settle without trial. When settlement happens, you're typically looking at somewhere between 30 and 90 days from signed agreement to actual payment, though some trusts have their own disbursement schedules that run longer.

The exposure you're describing, a specific plant, specific dates, it's the kind of documented history that tends to move cases along. That doesn't mean fast, but it does mean less fighting over the basics.

And honestly, from everything I've seen over 20 years, the clients who did best were the ones who got surgery or started treatment first and let the legal process run in the background. Please consult an attorney for your specific situation, but don't let this process be the reason you delay care.
2 found this helpful
Veteran
Filed my VA claim back in November, right after diagnosis, and I'm still in the dark on that front. But here's what I didn't expect: the civilian lawsuit timeline and the VA stuff don't talk to each other at all. VA takes forever on their own schedule, completely separate from what the lawyers are doing. Had my surgery in December and my oncologist was right to push that, didn't wait on any of it. The legal folks will tell you they need your medical records and treatment plan finalized before they can really move forward on damages anyway, so delaying surgery just delays everything. What I'd tell you straight up is don't let the lawyers push you into decisions about treatment. I got pressured a little on timing and I pushed back hard. Your body comes first, the settlement comes when it comes. The Johns-Manville exposure is solid which helps but that doesn't speed anything up honestly. Just keep the medical stuff and legal stuff in separate boxes in your head or you'll go nuts.
Attorney Expert Response
One thing I haven't seen mentioned yet in this thread is what happens in the weeks right after a settlement is reached, because a lot of people think "settlement" means a check shows up Tuesday. In practice there's usually a release document that has to be negotiated and signed, lien resolution with Medicare or private insurers, and sometimes probate-related steps depending on your state. In Ohio specifically I've seen that post-settlement process take anywhere from 60 to 120 days pretty routinely.

So if someone quotes you a two-year timeline, mentally add another two to four months on the back end before funds actually clear. Not to be discouraging, just... that gap surprises people and it shouldn't.

The other thing worth knowing given your Johns-Manville exposure is that trust claims and direct litigation against other defendants often resolve on completely different schedules. You could receive a trust distribution while a separate defendant case is still in discovery. They don't have to finish at the same time, and good attorneys will sequence them to get you money earlier in the process rather than waiting for everything to close simultaneously. That's something specific to ask any firm you're evaluating, because not everyone manages it that way. Talk to your own attorney about how they'd approach sequencing for your situation specifically.
2 found this helpful
Patient
Got my diagnosis in December and honestly the lawyer calls started before I even left the hospital. It's a lot when you're already trying to wrap your head around having this thing.

Here's what I've learned so far. The timeline stuff is real but it's kinda like asking how long a car repair takes, you know. Depends on what you find when you open it up. My lawyer explained it like this: the actual settlement negotiations can happen pretty quick once both sides get serious, but getting to that point takes time because of discovery and depositions and all that. She said most cases she's seen settle in the 2-3 year range but that's from diagnosis to check in hand, not just from when you file.

What nobody really explains upfront is the difference between when you settle and when you actually get paid. We're not there yet but from what I understand there's paperwork after the settlement agreement that can take weeks or even a couple months before money actually hits your account. It's not like you sign and boom, check tomorrow.

The medical stuff and the legal stuff really are separate though. My oncologist pushed back hard when I brought up timing and she basically said don't let lawyers make medical decisions. Surgery window closes, legal window doesn't. Got my EPP in February and didn't regret it for a second even though the case is still going. That was the right call.

Your exposure at Johns-Manville is solid which helps. Documented employer, known asbestos products. That can speed things up compared to some folks who gotta hunt down where they got exposed. But don't let anyone rush you into picking a lawyer just because they're calling early. Shop around. Ask them specifically what their timeline looks like and what they expect your case to cost to litigate if it doesn't settle.
Patient
Man, three weeks in and already getting the legal vultures circling, huh. I get it, that's a lot of noise when you're just trying to figure out what's happening to your own body.

So here's what I've seen so far. Got my diagnosis in December, had the surgery in February, and I'm just starting my first round of chemo now. The law firms came knocking pretty quick after my diagnosis too. What I learned is those timelines they throw at you are kinda like when a mechanic gives you an estimate on a brake job and then finds out you need new rotors too. The numbers change.

From what my lawyer actually explained to me, the settlement timeline and the medical timeline are basically two different engines running at the same time. You don't gotta wait for one to finish before the other starts. I went ahead with my surgery in February without waiting on any legal stuff to move, and honestly that was the right call because I needed to get that tumor out regardless of what happens with the case. My oncologist said the same thing yours is saying. Don't let the lawsuit slow down your medical stuff.

As for the actual money part, yeah there's a difference between when they settle and when you get paid. From what I understand so far, once both sides agree on a number and sign off, there's still paperwork and probably another month or so before the check actually hits your account. But I haven't been through that part yet so I'm kinda learning as I go myself.

The Johns-Manville exposure is definitely solid though. That's a pretty straightforward case compared to some of the renovation asbestos stuff I dealt with.

Don't let the legal timeline pressure your medical decisions. Get the surgery if your doctor says you need it.

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