Mesothelioma is a disease linked directly to asbestos exposure, and its long latency period makes it a particularly difficult diagnosis. Unfortunately, many individuals who develop mesothelioma are unaware that they may have the right to compensation through legal claims.
However, pursuing a mesothelioma lawsuit or claim can be a complex process, and there are common legal pitfalls that victims and their families need to be aware of if they are to file an asbestos claims after death of their loved one. This article can help you understand these issues to avoid delays or setbacks in seeking justice.
Not Seeking Legal Help Early Enough
One of the most common mistakes people make when considering a mesothelioma claim is waiting too long to consult a lawyer. Asbestos exposure often occurs decades before symptoms of mesothelioma appear, and the statute of limitations for filing a claim can vary by state.
In many cases, victims only learn about their diagnosis long after the exposure occurred, which can lead to missed opportunities for legal recourse. To avoid this pitfall, it’s important to consult with an experienced mesothelioma attorney as soon as possible after diagnosis to ensure all legal deadlines are met.
Failing to Document Exposure
Proving the link between asbestos exposure and mesothelioma is essential for any claim. A major pitfall in mesothelioma cases is the failure to thoroughly document where, when, and how the exposure occurred.
Many mesothelioma patients have been exposed to asbestos unknowingly, either in their workplace or through other environmental factors. In order to strengthen a case, individuals should work with a lawyer to gather evidence, such as employment records, witness testimonies, or even old worksite records.
Not Considering All Forms of Compensation
When filing a mesothelioma claim, it’s essential to explore all available options for compensation. Asbestos trust funds, for example, were set up by bankrupt asbestos companies to compensate victims without the need for litigation.
Many mesothelioma victims overlook these funds, assuming their only recourse is through a lawsuit. Additionally, claims can sometimes be filed through workers’ compensation or veterans’ benefits, depending on the individual’s circumstances. An experienced lawyer can help assess all potential sources of compensation and ensure victims don’t miss out on what they’re entitled to.
Settling Too Quickly
While settling a mesothelioma case can offer a quicker resolution, some victims make the mistake of accepting a settlement too early in the process. An early settlement might seem like an easy solution, but it may not be the most beneficial long-term. In some cases, settlements offer much less compensation than what could be obtained through a trial, especially if the defendant has the financial means to pay.
Before agreeing to any settlement, it’s important to discuss the offer with a lawyer who specializes in mesothelioma cases and to weigh the pros and cons of settling versus going to court.
By avoiding these common pitfalls and working with an experienced attorney, victims of asbestos exposure can ensure that their case is handled properly and that they receive the compensation they deserve.
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