Asbestos exposure has caused numerous health issues, often leading to debilitating diseases such as mesothelioma, a rare form of lung cancer. With expensive medical bills, loss of income and significant suffering, victims are often left wondering, “How long does an asbestos claim take in Pennsylvania?”
This article addresses this question and shares insights on the legal process involved.
What Is an Asbestos Claim?
An asbestos claim is a personal injury lawsuit filed by victims of asbestos exposure or by their loved ones. Asbestos-related diseases like mesothelioma take years or even decades to develop after initial exposure to asbestos products. The purpose of an asbestos claim is to get the victim financial compensation from asbestos trust fund claims or companies responsible for the asbestos exposure. The compensation covers medical expenses, lost wages, and pain and suffering.
How Much Time Does It Take to Settle an Asbestos Claim in Pennsylvania?
How long do I have to make an asbestos claim? In Pennsylvania, the statute of limitations for an asbestos-related personal injury claim is two years from the mesothelioma diagnosis date. For wrongful death claims, it’s two years from the date of death. Qualified attorneys specializing in asbestos claims can guide mesothelioma patients and asbestos exposure victims through the legal process, ensuring all necessary medical records and evidence of exposure history are correctly presented.
Moreover, timing varies greatly when settling an asbestos case. Several factors play into how long the process may take. A simple asbestos trust fund claim may resolve within a few months, while a complex personal injury or wrongful death lawsuit could take several years.
What Factors Affect the Timeline of Asbestos Claims?
Diagnosis Timing
One of the first questions raised when considering an asbestos claim is, ‘How long does it take to settle an asbestos case?’ The answer depends significantly on the timing of the diagnosis of asbestos-related diseases, such as mesothelioma or lung cancer. Symptom onset can take years or even decades following exposure. Consequently, the sooner the disease is diagnosed and the legal claim is initiated, the quicker the likelihood of receiving financial compensation for medical expenses.
Strength of Evidence
Next is the strength of your evidence. Establishing a clear connection between asbestos exposure and your illness directly impacts the asbestos claim timeline. With strong evidence like medical documents detailing your time spent at a specific site where asbestos was present and your subsequent condition, your claim could see expedited processing.
Legal Representation
Ensuring a competent legal team fighting your corner cannot be overstressed when considering how long an asbestos claim takes. Attorneys experienced in handling asbestos lawsuits can efficiently maneuver the complex legal pathways, resulting in accelerated claim processing.
Defendant’s Response
The company responsible for asbestos exposure plays a significant role in determining the time frame of the asbestos claim. For instance, if the asbestos manufacturing company disputes the claims or employs delaying tactics, the process can be considerably extended. Conversely, quicker admissions result in expedited claims.
Jurisdiction Differences
Varying procedures between states or countries can also influence the asbestos claim timeline. Certain jurisdictions may have provisions favoring a more rapid process for asbestos victims, while others might be slower.
Court Delays
Court backlogs or other delays can affect how long it takes to settle an asbestos case. While such factors may be beyond your control, a skilled legal team can actively manage the situation and help minimize interruptions.
Settlement Negotiations
Negotiations surrounding your asbestos claim payout or disability compensation can also lengthen the timeline. A swift agreement on a compensation amount expedites the overall process; however, protracted negotiations can result in delays.
Nature of Claim
The type of claim, either personal injury or wrongful death, can also influence your asbestos claim timeline. Personal injury claims, where the individual afflicted by asbestos exposure can provide firsthand information, often resolve quickly. In contrast, wrongful death claims necessitate a more rigorous evidence collection process following asbestos-related deaths, potentially resulting in longer time frames.
Filing for Bankruptcy Trust Funds
A significant factor is whether you are filing a claim against asbestos companies that have declared bankruptcy. Such companies are typically required to set up trust funds for future claims, and obtaining compensation from these trusts may lengthen the asbestos claim timeline.
How Can An Experienced Mesothelioma Lawyer Help?
One-On-One Attention
Choosing an experienced asbestos attorney from a reputable law firm ensures you receive personalized attention for your case. They provide a wide range of services, from gathering compelling evidence to negotiating with defendants. These attorneys empathize with the physical and emotional distress of mesothelioma patients.
Hence, they strive to shoulder the legal burden so the mesothelioma victims and their families can focus on health and recovery. The one-on-one attention also helps build a better understanding of the unique circumstances of each case, enabling the attorneys to build a stronger case.
Extensive Resources
Experienced attorneys have access to an extensive warehouse of evidence, including company records, depositions and medical documentation that could benefit your claim. Attorneys utilize their network of experts, which includes medical professionals, science and technology experts, and industry specialists, to strengthen the claim. These resources, combined with their expertise in asbestos law, provide a significant advantage in both the preparation and the prosecution of the case.
Knowledge and Expertise
Asbestos lawyers are well-versed in the statutes of limitations, which vary by state and claim type. They can guide you through the complicated process, helping you understand your legal options and potential compensation options. They can offer a comprehensive review of your exposure history, medical diagnosis, and the associated legal options.
With their profound industry knowledge and understanding of asbestos litigation, these attorneys are equipped with the necessary tools to secure maximum compensation for their clients.
Success Rate
Experienced asbestos law firms have a track record of achieving favorable verdicts and mesothelioma settlements for their clients, including those involved in a lawsuit. This achievement can serve as a source of confidence in an otherwise uncertain journey. Their success rate with mesothelioma lawsuits is a testament to their skills, expertise, and dedication to their clients.
Not only do these victories result in obtaining the deserved mesothelioma compensation, but they also set legal precedents assisting future victims of asbestos exposure.
Navigating Complexities
Dealing with multiple defendants or filing claims with bankrupt companies through trust fund claims demands the skills and knowledge of an experienced asbestos attorney. These complex transactions can be overwhelming for an average person, but with a seasoned asbestos attorney, such hurdles can be effectively addressed. Their expert navigation through these complexities can save you valuable time and ensure you receive the compensation you deserve.
Get The Justice You Deserve Today at Heiligman & Mogul
One of the most common questions we receive is, “How long does an asbestos claim take?” The answer varies depending on the specifics of your case. Asbestos claims require thorough investigation and preparation, which can be a time-consuming process.
However, at Heiligman & Mogul, our experienced mesothelioma attorneys are dedicated to expediting this process as much as possible without compromising the quality of your claim. Don’t hesitate to contact us at (215) 561-0111 or email us at info@heiligmanandmogul.com if you need support and guidance.
You do not have to deal with this challenging time alone–we are here to help.