Mesothelioma is a rare cancer that affects around 3,000 Americans annually. In many cases, mesothelioma victims can often file claims against their employers or other parties to seek compensation. However, the duration for securing a mesothelioma settlement can vary widely and depends on a number of factors.
What is Mesothelioma?
Mesothelioma is a cancer of the lung lining caused by asbestos exposure. It is a deadly disease that costs its victims precious time and imposes tremendous financial strain from medical bills and other losses. Each mesothelioma claim is unique. An attorney with experience pursuing compensation for mesothelioma cancer can help you understand how long it might take before you receive a settlement.
Factors That Affect Mesothelioma Settlement Time Frame
The time frame for a mesothelioma settlement is influenced primarily by the availability and accuracy of medical records and a clear diagnosis. Comprehensive medical documentation supporting asbestos exposure and its impact on health is crucial for building a strong case.
The average time frame for a mesothelioma settlement can vary widely depending on:
- Specific case details
- Complexity of case
- Strength and completeness of the evidence
- Legal strategies
- Number of defendants involved
Some cases may take several months, and others much longer. You will probably receive a payout within two to four weeks after settlement.
Mesothelioma Claims Have A Statute of Limitations
Secondly, the statute of limitations in Illinois is a significant factor. You have two years after diagnosis of an asbestos-related illness (discovery rule) to file the lawsuit. Therefore, the earlier you file the lawsuit, the earlier you can expect a settlement.
Insurance companies can delay your meso case’s claim time.
Additionally, the defendant’s insurance company and their legal strategy can impact the settlement’s time frame. This is because aggressive defense tactics, disputes, and prolonged negotiations will extend the process. However, hiring an experienced mesothelioma lawyer can ensure that you get your compensation as quickly as possible.
Average Time Frame for Mesothelioma Settlement
Generally, the average time frame for securing a mesothelioma settlement can take several months to a few years. This variance is primarily due to the unique circumstances of each case.
The settlement process typically involves the initial case evaluation, filing the lawsuit, discovery, negotiation, and, if necessary, litigation. Each stage’s duration depends on case complexity, the defendant’s willingness to settle, and court scheduling. While some cases can settle relatively quickly, others with contested liability might endure a lengthier legal process.
How To Speed up the Mesothelioma Settlement Process
It is frustrating when defendants respond slowly to something as important as an insurance settlement/
For a faster mesothelioma settlement process, ensure you provide complete and accurate information to your legal team, such as gathering and presenting all information related to the asbestos exposure history, medical records, and expenses. Also, timely responses to their requests (such as returning calls and emails promptly) can prevent unnecessary delays.
Additionally, consider using mediation and arbitration as alternative dispute resolution methods. They often lead to quicker resolutions than lengthy courtroom battles. Your willingness to cooperate and negotiate with the defendant is crucial in facilitating a faster resolution to your mesothelioma claim.
Compensation Amount and Payout Options
There isn’t a one-size-fits-all amount applied to mesothelioma settlements. The potential compensation varies due to:
- Severity and stage of cancer
- Medical expenses
- Emotional suffering
- Reduced quality of life
- Loss of companionship and consortium
Because the compensation amount for mesothelioma is typically determined by the extent of asbestos exposure, the severity of the illness, and the available evidence, the defendant’s ability to pay and legal precedents in similar cases also influence the settlement amount.
Payout options for mesothelioma settlements include lump sum payments, where you receive the entire amount at once. You may also get structured settlements that provide periodic payments. Also, there are trust fund payments, where compensation comes from established funds specifically for asbestos-related cases.
Consult a Mesothelioma Attorney About All Your Options
The best way to obtain compensation after a mesothelioma diagnosis is to work with an experienced lawyer. In many cases, you can obtain a settlement payout without ever entering a courtroom.
A knowledgeable mesothelioma attorney can guide you through the complexities of the settlement process, ensuring you understand your rights and options. To schedule a free case evaluation with an experienced mesothelioma lawyer, contact our office today.
The Menges Law Firm is ready to demand fair compensation for your suffering and losses. Contact us online or call us at (618) 424-4450 for a free consultation.