What to Expect in a Silicosis Lawsuit Timeline?

If you or a loved one is diagnosed with silicosis, you’re likely to have lots of difficult legal questions about what you can do in this situation. You have limited time to pursue compensation, and you may have multiple avenues to do so with the right attorney’s help. It’s natural to wonder about your silicosis lawsuit timeline and how long you should expect to wait to receive any compensation for your condition.

Elements of the Silicosis Lawsuit Timeline

The attorneys at Wallace & Graham have successfully represented many silicosis cases for clients in multiple states. We know the challenges you are likely to face in a toxic exposure claim and how to overcome them, and our goal for every client we represent is to help them maximize their recovery.

According to the American Lung Association, there are approximately 2.3 million American workers exposed to silicosis at work each year, 2 million of which work in the construction industry. Other fields where silica dust exposure is a serious risk include artificial stone product manufacturing, any type of work that involves cutting or shaping stone, and mining.

While most workers are eligible to claim workers’ compensation benefits if they suffer injuries or become sick from work, there are limits to what workers’ compensation insurance can provide. Additionally, every state has unique laws pertaining to workers’ compensation coverage, and not all at-risk employees in the United States are covered. Many people diagnosed with silicosis will have grounds to file toxic exposure lawsuits.

Success with a toxic exposure lawsuit for silicosis begins with identifying the party at fault for causing your silicosis. For example, you could have grounds for a lawsuit against an employer who failed to follow workplace health and safety regulations for silica dust. An experienced attorney can explain the initial steps for the silica claim process and advise you as to what you can expect in your case.

Filing Your Silicosis Lawsuit

A silicosis lawsuit begins with a diagnosis. As soon as you discover that you have developed silicosis, it is crucial to consult an experienced attorney as quickly as possible. Your attorney can then gather the documentation you will need to produce during discovery. After identifying the party responsible for your silica dust exposure, you can file the suit, and discovery can begin. During discovery, the parties involved exchange records, evidence, and documentation.

If a specific company is liable for your silicosis, your attorney can help you build a compelling toxic exposure claim that compels them to seek a swift settlement as quickly as possible. During settlement negotiation, the plaintiff and their attorney meet privately with the defendant and their legal counsel to discuss a mutually acceptable settlement. This allows both parties to avoid the stress, expense, and time investment required for litigation.

If no settlement is reached, the case may need to be resolved through litigation. While the majority of toxic exposure cases filed in the United States are resolved through settlement and usually only take a few months to complete, litigation can take much longer, and the outcome is up to the court’s discretion.

Ultimately, every silicosis lawsuit is unique, and while most toxic exposure cases will follow a similar framework and procedure, the timeline of your case will vary based on the specific details of your situation. Wallace & Graham can help you prepare and do everything we can to resolve your case efficiently, so reach out to our firm as quickly as possible to learn more about the legal services we offer.

FAQs

Q: What Is a Silicosis Lawsuit Worth?

A: The potential value of a silicosis lawsuit will depend heavily on the severity of the disease, whether the plaintiff is able to continue working, and how they developed the disease. An experienced silicosis lawyer can potentially help their client recover compensation for their medical expenses, lost wages, and lost future earning potential. They may also be able to claim compensation for their pain and suffering.

Q: How Long Does It Take to Settle a Silicosis Case?

A: The time it could take to settle a silicosis case will vary from case to case. When a defendant is clearly liable for a plaintiff’s diagnosis, they will typically want to settle the case as quickly and as quietly as possible. With the right attorney representing you, it may only take a few months of negotiation to reach a settlement. If you are compelled to litigate your case, it will take much longer to resolve.

Q: How Do You Prove Liability for Silicosis?

A: Proving liability for silicosis will require evidence showing when and where you were most likely exposed to silica dust. If you work in artificial stone manufacturing or any other type of field that involves cutting, grinding, or shaping any type of stone, it is a high-risk work environment for silica dust exposure. Your attorney can gather the evidence you will need to prove liability and hold the appropriate defendant accountable.

Q: Can Silicosis Be Cured?

A: No, silicosis cannot be cured. This is a cumulative illness that builds up gradually over time as a person accumulates silica dust particles in their lungs. Eventually, enough accumulation will cause adverse symptoms to appear, such as difficulty breathing and chronic bronchitis. Eventually, the disease can cause pulmonary fibrosis, or scarring of the lungs. There are anywhere between 2,500 to 5,000 new cases of silicosis appearing in the United States each year.

Q: Should I Hire a Lawyer for a Silicosis Case?

A: It’s a good idea to hire a lawyer for a silicosis case if you want the greatest chance of success. The right attorney can not only help you prove liability for your diagnosis but also determine the full scope of the legal options available to you, enhancing your recovery. You have limited time to build and file your case, so if you want the optimal chance for success, it’s important to hire a seasoned silicosis attorney at your first opportunity.

The attorneys at Wallace & Graham have years of experience helping our clients navigate silicosis cases and other toxic exposure claims. If you or a loved one has been diagnosed with this condition, the first steps you take are crucial to your recovery efforts. Contact Wallace & Graham today to schedule a free consultation with our team and learn how we can help you with your silicosis case.