Common Misconceptions About Mesothelioma Claims
Mesothelioma is a rare and aggressive form of cancer caused primarily by asbestos exposure, and individuals diagnosed with the disease often face challenging legal battles when seeking compensation. However, there are several misconceptions surrounding mesothelioma claims that can hinder victims from pursuing justice. Understanding the facts and dispelling these myths can help victims and their families make informed decisions. Here are some of the most common misconceptions about mesothelioma claims:
1. Mesothelioma Claims Are Always Long and Complicated
While it’s true that mesothelioma cases can be complex, the idea that all claims take years to resolve is a misconception. The timeline for a mesothelioma claim largely depends on the circumstances of the case. Many claims are resolved in a few months, especially if the defendant is a corporation that has already been involved in asbestos litigation and has set up a trust fund for compensation. These trust funds are designed to provide faster compensation to victims without the need for prolonged litigation.
Additionally, some mesothelioma patients may choose to settle their case out of court, which can also expedite the process. The presence of experienced attorneys specializing in asbestos litigation can also speed up the process, as they know how to navigate the legal complexities efficiently.
2. You Must Have Worked in an Occupation Directly Exposed to Asbestos to File a Claim
Many people believe that mesothelioma claims are only possible for those who worked directly with asbestos materials, such as construction workers, factory workers, or shipyard employees. While these high-risk occupations are common sources of exposure, mesothelioma can develop in individuals who were indirectly exposed to asbestos.
For example, family members of workers who handled asbestos products may develop mesothelioma due to secondary exposure, often by inhaling asbestos fibers brought home on the workers’ clothing or hair. Even individuals who lived near industrial sites or factories using asbestos may have been at risk. Therefore, individuals who have been diagnosed with mesothelioma should consult a qualified attorney, regardless of whether they had direct exposure.
3. Filing a Claim Will Be Expensive and Financially Burdensome
Many mesothelioma victims are concerned about the cost of legal representation, assuming that filing a claim requires significant upfront fees. However, most mesothelioma attorneys work on a contingency fee basis, meaning they don’t charge any fees unless they win the case or secure a settlement. This arrangement makes it financially accessible for victims and their families to seek legal help without the worry of out-of-pocket costs.
Additionally, many mesothelioma law firms offer free consultations to discuss the details of a case, allowing victims to understand their legal options before committing to anything.
4. If a Company Declared Bankruptcy, You Can’t Sue Them
While some companies that have been heavily involved in asbestos use have declared bankruptcy, this does not necessarily mean that victims cannot seek compensation. In many cases, companies involved in asbestos litigation set up bankruptcy trust funds to compensate those who are harmed by their products. These funds are often established as part of the company’s bankruptcy proceedings, and victims can file claims to access these resources.
A skilled attorney can help mesothelioma patients and their families navigate these trust funds and file claims to receive compensation. In fact, some victims receive substantial compensation from these trusts even if the company no longer exists in its original form.
5. The Legal Process Is the Same for All Mesothelioma Cases
Not all mesothelioma cases are the same. The specifics of an individual’s exposure to asbestos, the companies involved, and the legal strategies required can vary greatly. While some cases may be straightforward, others may involve multiple parties or jurisdictional issues, such as asbestos exposure that occurred in different states or countries.
The complexity of mesothelioma claims depends on the unique circumstances of each case. For example, some victims may need to pursue claims against multiple defendants or seek compensation from trust funds and insurers. Having an experienced attorney with knowledge of the nuances of mesothelioma cases is critical to achieving a successful outcome.
6. You Have a Long Time to File a Mesothelioma Claim
While mesothelioma can have a long latency period, meaning it may take decades for symptoms to appear after exposure, it’s crucial to file a claim as soon as possible after diagnosis. Statutes of limitations, which vary by state, limit the amount of time victims have to file a mesothelioma lawsuit. In some states, the window to file a claim may be as short as one or two years from diagnosis or death.
Delaying legal action can result in the loss of the right to seek compensation, which is why it’s essential to consult a lawyer as soon as possible after diagnosis.
Conclusion
Misconceptions about mesothelioma claims can prevent victims from seeking the justice and compensation they deserve. Understanding the realities of mesothelioma litigation—such as the potential for faster claims, the broad eligibility for filing, the contingency fee structure, and the importance of acting quickly—can empower victims and their families to take the necessary steps. By consulting with experienced mesothelioma attorneys, individuals can better navigate the complex legal process and increase their chances of securing the compensation they are entitled to.