How Long Will My Case Take?
One of the most asked questions is "How Long" will the court process take? The court process can take months or years, depending on the jurisdiction. Wherever the suit is filed, your attorney should know the best ways to get your case set for trial as soon as possible. While many cases and individual defendants settle before trial, your lawyer should always be prepared to go to trial. A reputation for thorough preparation and the willingness to go to trial translate into better results for clients.
The length of time it will take your case to get to court depends on the state and county where the case is filed. In some states (California, for instance) a person with mesothelioma can usually have their case brought to trial within 6-9 months of the date it is filed. This is because the rules of court in California give a preferential trial setting to persons who are very seriously ill. In other states, the courts are so backed up that it can take between 3 and 5 years or even longer before a case goes to trial.
A person with asbestos disease can usually have their lawsuit filed in any state where they had asbestos exposure. Therefore, if you worked with or around asbestos products or were exposed to asbestos in more than one state, make sure that your attorney looks into the differences between filing your lawsuit in all of the states where you had any asbestos
Living persons with malignant mesothelioma can have their case settled in as little as three months and almost always within one year from the date they file.
Most states provide for a special trial calendar for living persons who have malignant mesothelioma. This trial calendar is known as the " in extremis " trial calendar. Essentially, it is a recognition by the courts throughout the country that persons with malignant mesothelioma have a shortened life expectancy and therefore are entitled to special treatment.
Most states throughout the country have judges and court calendars entirely devoted to asbestos litigation.
