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Can You Tell Me How Long It Will Take Before I Get My Compensation?

Every asbestos case is unique and there are numerous factors which might influence the waiting time. Generally, asbestos claims will result in financial compensation within several months.

answered by Kevin McKie

The waiting time for mesothelioma compensation usually varies between 3 and 6 months

Our vast professional experience of over 25 years has taught us that no two asbestos cases are the same, as every asbestos victim's situation is different. Therefore, how long you will have to wait until you receive financial compensation from asbestos trust funds varies, depending on your specific circumstances. In general, mesothelioma claims have the shortest waiting time, since it is solely caused by asbestos exposure and additional evidence is not required. If you file for mesothelioma compensation, you will generally receive your money within 3 to 6 months.

For lung cancer and asbestosis, however, the waiting time is slightly longer, as the correlation between asbestos exposure and these diagnoses needs to be supported by solid, unquestionable evidence. In this case, the legal process will typically take over a year to reach completion.

In addition to your diagnosis, there are three other factors which influence how fast we will be able to recover compensation for you:

  • The complexity of your case. As asbestos-related diseases only develop several decades after exposure, it is to be expected that pursuing such cases will be a challenging and time-consuming endeavor. Our experts have to conduct extensive and thorough research to gather enough reliable evidence, which will ultimately ensure the success of your case. The more complex your circumstances of exposure are, the longer you will have to wait until you are compensated. If, for instance, there are multiple companies responsible for your injury, the duration of the legal process increases.
  • The number of asbestos trust funds you request compensation from. When there is more than one company accountable for your diagnosis, you are eligible to file a claim with multiple asbestos trust funds. Each asbestos trust fund has its own eligibility requirements and we will have to make sure your case meets all the criteria. Although the amount of money you can recover will be significantly larger, you will have to wait longer.
  • The size of the asbestos trust fund. Finally, another factor which could increase your waiting time is the size of the asbestos trust fund you request compensation from. As a general rule, the larger the trust, the more you will have to wait for your compensation. Due to the numerous asbestos claims it constantly has to review, the process will be slower in the case of large asbestos trust funds.

Finally, if the liable company is still on the market and has not set up an asbestos trust fund, your only legal option is to file a lawsuit, which will take significantly longer to pursue (a few years). Nevertheless, this is rarely the case, as most asbestos companies are currently under bankruptcy protection.

What about my expenses before I receive compensation?

It is important to know that, during the legal process of a personal injury case, it is the client who is responsible with recording all the expenses related to their illness. After the first consultation with your attorney, you should start keeping track of the exact cost of your treatment and any additional medical procedures you need to undergo, as well as of a series of other expenses pertaining to your asbestos disease. By providing your lawyer with the precise amount of money you have to pay for your injury, they will be able to obtain the maximum compensation for you.

You are required to provide your attorney with evidence of your expenses in the form of bills or other documents stating how much you paid for various medical services. In addition to medical costs, you should keep track of the following expenses as well, as they are also related to the disease you developed as a result of asbestos exposure in the workplace:

  • travel bills (transportation to medical providers for you and your family or caregiver, including the cost of housing and food if you need to travel to a distant place)
  • daily living assistance bills (for those who hire help for cleaning, cooking, taking care of them and their family etc.)
  • health insurance (the cost may increase, as people injured by asbestos exposure can rarely return to work)
  • alternative treatment bills (massage, acupuncture and other similar therapies which are not covered by health insurance but are necessary for temporary pain relief)

Are you or a family member suffering from mesothelioma, lung cancer or asbestosis as a result of occupational asbestos exposure? We highly encourage you to take legal action immediately. Our diligent attorneys will do all in their power to speed up the legal process so that you will be compensated as soon as possible. Feel free to contact us at 205.328.9200 and we will promptly answer all your questions. Our standard fee is a 40% contingency fee. Which means we only collect the fee when we are able to collect settlements or claims for a client. If we do not collect anything, our clients are not out any money out of pocket.

*The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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