If you’ve been harmed by asbestos and need financial compensation to help, you may wonder how long that will take. It’s a good question. The answer depends on several factors even though every case is unique. Your individual diagnosis, settlement negotiations, and whether the case must go to trial can all impact how long your asbestos case in Arkansas will take.
At Edward O. Moody, P.A., our asbestos exposure attorneys are with you each step of the way. We help you understand your potential timeline and implement strategies to streamline your case while always focusing on protecting your rights.
Key Factors That Influence the Timeline
1. The Type of Claim Filed
Asbestos cases can proceed several different ways, and each has its own timeline. Many asbestos claims begin awarding compensation within 90 days or less, especially when trust fund claims are involved.
Mesothelioma lawsuits, however, often take 12 to 18 months to resolve, depending on the number of defendants and the complexity of the exposure history.
2. Arkansas’ Statute of Limitations
The statute of limitations plays a major role in determining when a lawsuit must be filed. In Arkansas:
- Personal injury asbestos claims must be filed within three years from the date of diagnosis.
- Wrongful death claims must also be filed within three years of the asbestos‑related death.
- Arkansas follows the discovery rule, meaning the clock begins when the illness is diagnosed—not when exposure occurred, which may have been decades earlier.
3. Establishing Medical and Legal Causation
To move a lawsuit forward, you have to be able to show medical evidence connecting your asbestos-related disease to specific exposure. Your attorney is critical to help investigate the source of your exposure and proving it caused your particular harm. Some parts of this process can take time, such as:
- Gathering medical records
- Examining employment history
- Speaking with witnesses
- Engaging in the discovery process
4. Number of Defendants and Case Complexity
Many asbestos lawsuits involve multiple companies. This means that your exposure could have happened across several industries or job sites. Cases that have multiple defendants can take longer because:
- Each company may conduct its own investigation.
- Settlement negotiations occur separately.
- Additional motions and discovery requests may arise.
Typical Timeline of an Arkansas Asbestos Lawsuit
Initial Case Review and Filing (1–3 months)
Once you have a confirmed asbestos-related disease diagnosis, your attorney will:
- Review medical records
- Examine your work history
- Determine potential exposure sources
Once the responsible companies are identified, you can file your lawsuit in an Arkansas court.
Discovery Phase (6–12 months)
After the case is filed, both sides exchange evidence. This can be the longest part of the case, especially if there are multiple defendants in the case.
Settlement Negotiations (Ongoing throughout the case)
Settlement talks can happen at any time. In fact, each party should have a mind toward appropriate compromise. Trust fund claims can also be resolved alongside the lawsuit, which may happen faster than the lawsuit itself.
Trial (If Necessary)
If you cannot resolve the case, there will be a trial. A trial can add multiple months to the length of your case. It will depend on the court’s schedule and how long the trial itself will take.
Working With an Experienced Asbestos Attorney
Asbestos litigation is very complex. Navigating it on your own is not the best choice. Experienced attorneys understand how to:
- Identify responsible companies
- Gather and organize exposure evidence
- File trust fund claims alongside lawsuits
- Push for expedited proceedings when appropriate
Legal teams familiar with asbestos litigation can significantly shorten the time it takes to secure compensation.
Get Help With Your Asbestos Lawsuit in Arkansas
We are here to help with your asbestos lawsuit for however long it needs to take. Our team are highly experienced at streamlining the process, but never sacrificing your rights along the way.
Let the dedicated asbestos exposure attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.