Timeline of an Asbestos Trust Fund Claim or Lawsuit

If you’re eligible for a financial payout, here’s how it works

For decades, many American workers were exposed to asbestos on the job. When the risks of asbestos became widely known, companies that manufactured those asbestos products started facing lawsuits for the harm they caused. Some of those companies are still in business and still litigating claims brought by victims for exposure that occurred decades ago.

Many asbestos companies have since declared bankruptcy, putting them outside the reach of civil lawsuits. However, as part of the bankruptcy process, those companies established trust funds to pay for future claims brought by workers diagnosed with mesothelioma and other types of lung cancer caused by asbestos. Many of those trust funds are still active and accepting claims on an ongoing basis.

If you have been diagnosed with mesothelioma or lung cancer related to asbestos exposure, a trust fund claim, a lawsuit, or both may be the right way to pursue financial compensation for your losses. This can be a lengthy process, but our attorneys are in it with you for the long haul. The following is general information about the timeline of asbestos claims. Remember, every trust fund has its own process, and the timeline can vary depending on the circumstances. Our attorneys would be happy to explain what the process may look like in your individual situation in a free case evaluation.

Your case starts with an initial consultation and investigation

Every asbestos claim starts with an initial consultation. While you technically aren’t required to have an attorney, it’s always in your interest to get legal advice. Asbestos and mesothelioma claims are complex, technical matters that require an experienced attorney to get the best outcome. And because we work on a contingency fee, you don’t have to pay us out of pocket; we only get paid if we win your case.

During your initial consultation, we’ll listen to your story, evaluate your eligibility, and explain your legal rights and options. If possible, bring information about your asbestos-related diagnosis (mesothelioma or lung cancer) as well as any information you have about your work history and where you may have been exposed. If you don’t have all this information, don’t worry; the important thing is to talk to a legal professional sooner than later.

If you are eligible to file a claim and decide to hire us, we will conduct an investigation in support of your case. Our legal team will investigate your asbestos exposure history to find out which asbestos company or companies manufactured the asbestos that you were exposed to. We’ll look at your work history, military service record (if any), and any other relevant evidence to find out where and how you were exposed. We’ll also look at your medical records and any other evidence that supports your claim for damages (financial compensation).

Based on your exposure history, we will determine which asbestos companies are responsible for your exposure and investigate whether those companies are still in business or have filed for bankruptcy and set up a trust fund. From there, the process varies depending on whether you’re eligible for a trust fund claim, a lawsuit, or both.

Timeline of an asbestos trust fund claim

The process to file a trust fund claim varies depending on the trust, but there are generally four steps:

File the claim: Once we have matched your exposure history to the company associated with the trust fund, we’ll handle the paperwork to file your claim with the trust fund. Our law firm works efficiently to move your claim forward, so this doesn’t take long.
Review: In a trust fund claim, your application is reviewed by a trustee, not a judge. The trustee may conduct an expedited review, in which your claim is grouped with similar claims; or an individual review, where the trustee takes a more detailed look at your specific situation. As the name implies, expedited review is faster, but an individual review can produce a bigger payout in some circumstances. Our attorneys will advise you as to the right option in your case.
Liquidation: Once the claim is approved, it is assigned a monetary value. In expedited review, this value is set based on a pre-determined amount. Liquidation for individual review involves more discretion, and we can negotiate with the trustee on your behalf.
Payment: Once the trust fund approves your claim and you accept their offer, payment usually begins within 90 days. Depending on the amount you receive, you may receive checks from the trust fund for a year or more. But remember, this is a fixed amount paid in installments, not an ongoing monthly benefit.

While the process varies from case to case, in general, a trust fund claim can be resolved and begin to pay out within three to six months.

Timeline of an asbestos lawsuit

If your asbestos exposure was caused by a solvent defendant (that is, an asbestos manufacturer that is still in business), then you can file a civil lawsuit against them. The process of filing and pursuing a lawsuit is typically longer and more involved than a trust fund claim. In general, a lawsuit involves the following steps:

Filing the lawsuit: Your attorney will file documents in the appropriate jurisdiction to start your lawsuit. There is a legal deadline (statute of limitations) to do so, so it’s important to begin as soon as possible.
Response: Usually, the asbestos company has 30 days to file a response to your lawsuit, although this can vary depending on the jurisdiction.
Discovery process: Discovery is a formal exchange of information between the two sides in a lawsuit. Because asbestos cases involve a lot of evidence, some of which is decades old and needs to be tracked down, discovery can take a long time, sometimes a year or more. Your attorney will manage the progress of your case and keep you informed throughout the process.
Settlement negotiations: At any point in the legal process, you can negotiate a settlement with the asbestos company. Most asbestos lawsuits are ultimately resolved this way. Your attorney will handle the negotiations on your behalf, but the final decision on whether to accept or reject a settlement is yours.
Trial: If a settlement cannot be reached, your case can proceed to a trial before a judge and jury. If that happens, your attorney will represent you throughout the proceedings.

The timeline of an asbestos lawsuit can vary widely. Some cases may settle in a matter of months; others can take several years. It depends on the available evidence, the jurisdiction, and whether the defendant decides to cooperate in settlement negotiations. Our attorneys can give you our best estimate of the timeline in your case during a free consultation.

Can you file both a lawsuit and a trust fund claim?

The short answer is yes. It’s possible to file multiple trust fund claims, sue multiple defendants, or both, depending on the circumstances of your asbestos exposure. If you were exposed working on multiple job sites over a period of many years, there could be quite a few asbestos companies responsible for your illness. Our law firm will explore all available options and build a winning legal strategy for your unique circumstances.

Talk to an experienced asbestos cancer attorney today

If you were exposed to asbestos on the job and have been diagnosed with cancer, you have legal rights, but you need to take action to protect them right away. Various legal deadlines can come into play, and the sooner we can start our investigation, the more effectively we can represent your interests.

We are committed to obtaining the maximum compensation you deserve. For instance, in one case, we recovered $5 million for an oil field worker who developed mesothelioma due to asbestos exposure. Give us a call or contact us online for a free, confidential consultation with an experienced attorney at the Ferrell Law Group to see how we can help you.

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