Dealing with an asbestos-related illness is a tough battle, and filling a claim can feel like adding another mountain to climb. When pursuing an asbestos claim, you may wonder how long the claim can take. However, the answer is not straightforward. There are various factors that can influence the time it takes to resolve your claim. In this article, we will explore these factors. Let’s begin. 

The type of claim

There are various types of asbestos claims, each with its own timeline. The two main types are:

• Personal injury claims: If you have been diagnosed with asbestos-related disease, you can file a claim seeking compensation for medical expenses, lost wages, and pain and suffering.
• Wrongful death: When a family member passes away due illness related to asbestos, you can file a wrongful death lawsuit on their behalf. 

Personal injury claims tend to move faster than wrongful death claims, but both can take anywhere from several months to a few years, depending on the case complexity. 

Medical diagnosis

Your medical condition is one of the most crucial factors. If you have a confirmed and clear diagnosis of asbestos-related illnesses like asbestosis, mesothelioma, or lung cancer, your case may move quickly. However, if your diagnosis is unclear or requires additional medical evaluations, expect some delays. The court requires strong medical evidence to connect your illness to asbestos exposure before proceeding. 

The strength of your evidence

The strength of your evidence plays a big role in determining how long does an asbestos claim take. A well-documented case with medical records and work history can speed things up. Evidence may include:

• Medical records proving your diagnosis
• Work history documents showing asbestos exposure
• Witness statements from co-workers or experts
• Documentation linking asbestos-containing products to your job

If your evidence is strong, it can speed up the negotiation with the responsible party. However, if there are gaps, you may face delays while gathering additional proof.

The defendant’s willingness to settle

Some asbestos cases can be settled fast, while others drag on because the defendant refuses to accept responsibility. If the company or entity responsible for your asbestos exposure acknowledges liability, they may offer settlement early in the process. However, if they dispute your claim, you could be in for a long legal battle. In some cases, companies will delay proceedings in hopes the claimants will accept a lower settlement or even drop the case altogether. 

The case complexity

Cases usually differ. Some are straightforward, with clear evidence of exposure and responsibility. Others involve multiple defendants, companies that have gone bankrupt, or exposures that happened decades ago. For example, if you were exposed to asbestos through several different jobs, pinpointing liability can be complex. The more complicated the case, the longer it takes to resolve. 

The legal process and the court system

Even if you have a strong case, the court system can slow things down. Courts are often overloaded with cases, and asbestos claims are not an exception. Depending on the jurisdiction, it could take months to get a hearing date. Some courts have special procedures to fast-track asbestos cases, especially for patients with severe illnesses like mesothelioma. However, even then, delays can happen due to backlogs or legal maneuvers from the defendant’s side. 

Endnote

The timeline of an asbestos claim depends on various factors. While some cases resolve in a matter of months, others can take years. Factors such as the strength of your evidence, the defendant’s willingness to settle, and the complexity of your case all play a role.