Timeline of an Asbestos Case

Different asbestos cases take different times to be resolved; some may drag on for year while others may be resolved in a matter of months. The question then is, what influences the timeline of an asbestos case? This article and subsequent ones will discuss the factors at work in determining the timeline of an asbestos case.

Factors Affecting the Timeline

It must be noted that there are a number of factors at work when determining the timeline of a given asbestos lawsuit. Below are some of the factors that directly impact the timeline of an asbestos case:

• Litigation stages – there are a number of stages in the litigation process. When the asbestos lawsuit is filed it is assigned a settlement conference date and even a trial date depending on the jurisdiction. The settlement conference date may be set for a few months or even a year after filing the case. During the settlement conference attorneys tell the judge if they think that the case is ready to be assigned a trial date. If the case is not ready, a future settlement conference date is assigned. When the case is ready a trial date is assigned which may be 6 months to a year later. The importance of setting a trial date is that it puts deadline in motion. Deadlines for the discovery process length, when reports are due and witness lists there must be exchanged, etc. Further, it encourages settlement of which many settlements happen at the last minute before going before a trial judge.
• Jurisdiction – the speed of a case is determined by what court the case is filed in. In jurisdictions where there are many asbestos cases, special adviser departments are present and can move a case along quickly. Whereas, in other jurisdictions asbestos cases are filed and processed alongside other cases which may cause delays. Trials may be postponed over and over again just for lack of a courtroom.  Federal courts are generally slower than state courts.