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Sorry if asked before but how long does a lawsuit actually take to settle

Patient · · 51 views
So I just got diagnosed in February and my head is spinning. Doctor mentioned I might have a case because of the wiring work I did back in the 80s and 90s in those old Philly buildings with the asbestos insulation. I'm trying not to get ahead of myself but I'm also kinda scared about bills and stuff.

Does anyone know like how long these things actually take? Months, years, what are we talking about here. And does it matter if you're still healthy enough to work through it or does the case take forever and you can't do anything else.

I haven't even called a lawyer yet, just trying to understand what I'm getting into I guess. Any real experiences would help a lot, thanks.

8 Replies

Medical Expert Response
Not a legal expert so take this for what it's worth from the medical side, but I've sat with a lot of patients trying to piece together exactly what you're piecing together right now, and a few things come to mind.

The timeline question is genuinely complicated and varies a lot depending on which state you file in, which defendants get named, and whether it goes to a trust fund claim versus actual litigation. Some of my patients have seen trust fund settlements resolve in a matter of months. Courtroom cases can stretch two or three years. The RAND Corporation did a pretty detailed analysis of asbestos litigation in 2019 and found the median time from filing to resolution was around 18 months, but that number hides a huge range on both ends.

What I do know from the clinical side is that mesothelioma moves fast, and so courts actually have what's called an "expedited docket" in many jurisdictions specifically because of that. Your diagnosis date and your current functional status matter legally, not just medically. I had a patient who filed in March of 2021 and was specifically put on an accelerated track because of his prognosis. That's a real thing.

The working question is interesting. Functionally speaking, a lot of my patients remain quite capable during early treatment, especially if we're doing maintenance therapy or watching and waiting. Whether that affects case strategy is something an attorney would have to weigh in on.

Please do talk to your oncologist about where you are in staging before you have that first lawyer call. It shapes everything, including what treatment windows look like alongside any legal process.
3 found this helpful
Veteran
Got my diagnosis in June, so I'm a few months ahead of you. Haven't gone the lawsuit route myself but I've talked to enough guys at the VA clinic who have. Common answer I'm hearing is anywhere from two to five years depending on how contested it gets. Some settle faster, some drag on. One Chief I know from my old squadron, retired shipfitter, his case took almost four years but he said it was worth the wait.

Thing is you don't have to stop working while it's happening. The lawyers handle most of it. You'll do depositions, maybe some medical stuff, but it's not like you're in court every day. I had my pleurectomy in August and I'm recovery mode now, can't do much heavy work anyway. But if you're still functional you can keep going about your life. Call a lawyer sooner rather than later though. They can walk you through what paperwork you need from your old jobs, the timeline stuff. Helps if you've got records from those Philly buildings. I'm lucky because I was Navy so my service records are solid, makes things clearer.

The bills part is real. Don't ignore that. Get the consultation set up. Most of these lawyers work on contingency anyway so you're not paying upfront. Just get moving on it. Waiting doesn't make things better and you need to know where you stand.
Medical Expert Response
Hey, first... a February diagnosis and you're already trying to think practically about finances and next steps. That takes a lot of strength even when everything feels chaotic.

I'm not a legal expert so take this with that in mind, but from working with mesothelioma patients for 12 years I've sat with a lot of people going through exactly this question. What I've seen is that timelines vary a lot. Some cases settle in 6 to 12 months, especially when there's clear occupational exposure documentation like the kind of work you're describing in those older Philadelphia buildings. Others stretch to 2 or 3 years depending on which companies are named and whether it goes to trial. There are also asbestos trust funds, which were set up specifically for situations like yours, and those can sometimes move faster than traditional litigation.

The part that surprised a lot of my clients is that being currently employed or still working actually does matter to how damages get calculated, so that's worth mentioning to whoever you eventually talk to.

On the emotional side of this, because that's really my lane... the fear around bills on top of a new diagnosis is genuinely a lot to hold. I've seen that particular combination really wear people down by around month 3 or 4. Journaling what questions come up day to day can help you feel less like everything is swirling. And if the anxiety starts feeling persistent and heavy, talking to a counselor who specializes in oncology support is something I'd really encourage. You don't have to white-knuckle through this part alone.
3 found this helpful
Patient
Man I get it, that spinning feeling is real. Got my diagnosis last December so I'm only like two months further along than you but yeah the whole legal thing is kinda overwhelming on top of everything else.

I haven't actually filed anything yet myself but I've been talking to some folks here and doing my homework. From what I'm hearing it's not quick. We're talking could be a year or more depending on a bunch of stuff like how many other cases are out there and what company we're talking about. Some guys say they settled in like 18 months, others are still waiting after three years so it's all over the place I guess.

The good news is you don't have to stop your life while it's going. I mean I had my EPP surgery back in February and honestly the legal stuff didn't really interfere with that at all. You can work if you're able to. I know guys who kept their jobs through the whole thing. The lawyers handle most of it on their end, they're gonna need docs from you and testimony stuff but it's not like you're in court every day or anything.

One thing I'd say is don't wait too long to at least call someone and talk it through. The statute of limitations clock is ticking and honestly knowing what you're dealing with helps with the anxiety a little bit. I'm still kinda kicking myself for not getting more answers sooner. Philly buildings from back then, yeah you probably got a solid case there.

How you feeling health-wise otherwise?
Medical Expert Response
Not a legal expert so take this for what it's worth from the medical side, but I've sat with a lot of patients going through exactly this and I can share what I've seen.

The timeline varies a lot. Some cases resolve in under a year, others stretch to two or three years, and it genuinely depends on factors I'm not qualified to speak to. What I can tell you is that from a medical standpoint, many mesothelioma cases qualify for expedited (fast-tracked) proceedings precisely because of the diagnosis. Courts in Pennsylvania have historically been fairly active with asbestos litigation, so the Philly connection isn't nothing.

The thing I'd want you to understand medically is that your current functional status, what oncologists call performance status, actually matters to more than just your treatment options. It factors into a lot of things. So if you're feeling well enough to work right now, that's genuinely good information to have documented.

On the bills piece... I hear this from almost every patient I see in the first few months. There are patient assistance programs, some specific to mesothelioma, and your oncology team can connect you with a social worker who has helped patients find support while legal things sort themselves out. At Penn Medicine they have a dedicated financial counseling line that helped one of my patients get bridge support within about three weeks of his diagnosis.

Please talk to your oncologist about where you are clinically. That information will matter for everything that comes next, including any legal timeline conversations.
3 found this helpful
Patient
Got diagnosed just a year ago myself so I'm kinda in the thick of it. From what I've learned talking to folks here and my own situation, these things don't move fast. Like, I'm still in the early stages of my case and honestly it feels like watching paint dry on an old Chevy engine block.

The timeline is all over the map depending on your case. Some people settle in a year or two, others are looking at 5-7 years. It's not like getting your car fixed where you drop it off and pick it up Thursday. Your lawyer will probably tell you more specifics once you actually sit down with one, and yeah you should definitely call someone because the clock matters on these things.

Here's what helped me... I was worried the same way about work and bills. Turns out I can still keep doing stuff while the case is going. Had my EPP surgery in February and kept moving forward with the legal stuff at the same time, they don't really interfere. You're not locked in a room somewhere. But I'm also retired so maybe that's easier for me than if I was still turning wrenches full time.

Don't sleep on the lawyer call though. I waited way too long thinking I'd figure it out myself and honestly the sooner you get rolling the better. They deal with this stuff every single day so they can give you real answers about YOUR case and YOUR timeline instead of just general guesses from random internet folks like me.

You're gonna be alright. Early diagnosis is actually the good news part of all this mess.
Medical Expert Response
Hey, first I just want to say a February diagnosis while you're still trying to process everything... that's a lot to carry all at once, and the financial worry on top of it is real and completely understandable.

I'm not a legal expert so you'd want to talk to an attorney about the specifics, but from 12 years of sitting with patients and families through this process I can share what I've seen. Most mesothelioma cases don't actually go to trial, they settle. And when someone has a confirmed diagnosis and documented work history like yours sounds like, settlements can sometimes move faster than people expect, sometimes within several months. But it genuinely varies and some do take longer, especially if there are multiple companies involved, which is common with older Philly building work from that era.

The thing that I've watched make the biggest difference is people calling sooner rather than later. One of my clients waited almost six months after diagnosis before calling anyone and he was so relieved he did it when he finally did, even just having that conversation took some of the "unknown" weight off him.

The stress of not knowing is its own kind of burden. A lot of people find it helps to write down their questions before that first lawyer call, just so nothing falls out of your head in the moment. And honestly if the anxiety around bills is keeping you up at night, that's worth talking to someone about too. A social worker at your cancer center can often connect you with financial assistance programs while the legal side moves along.

Please don't sit alone with all of this.
3 found this helpful
Family
I haven't been through the lawsuit thing myself, but Joe's case has taught me a lot about what to expect timeline-wise. He got diagnosed in September and we met with someone in November, and honestly the waiting part is harder than I thought it'd be. Like, you think once you talk to a lawyer things move fast but there's all this investigation stuff they need to do first, tracking down old employment records and witnesses and building the actual case. We're still in that phase now and I'd say don't expect anything to happen super quickly even though you want answers yesterday, you know?

The thing nobody really told us upfront is that while the case is going, life just keeps happening. I'm still teaching part-time as a sub because we needed the income, and Joe's doing immunotherapy appointments twice a month. You can absolutely work through it or do treatments or whatever, it's not like you have to put your life on pause. But mentally? It's just another thing sitting in the back of your head all the time...

My advice from a teacher's perspective is get the consultation done sooner rather than later. Even if you're not ready to move forward, at least you'll know what you're actually dealing with instead of spinning in the dark. That helped us feel less scared about the unknowns. How are you holding up with everything else right now?

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