Filing an asbestos lawsuit is one of the most empowering actions a mesothelioma victim can take during their journey. However, for some mesothelioma victims and their families, it can be a step they are loath to take.
Why are some people uncomfortable with the idea of setting a legal process in motion? Well, for starters, we tend to associate the idea of “lawsuit” with frivolous claims and fortune seekers. We may not feel up to handling the additional stress. Some people believe that asking for financial support undermines their dignity. Or maybe we just don´t know how the process of filing the asbestos lawsuit works. But if we guide our decisions on misconceptions, we may deprive our families of a well-deserved compensation.
Here are some of the most common misunderstandings regarding mesothelioma claims, and their answers.
“The company I worked for no longer exists.” It is true that many asbestos manufacturers went bankrupt, and larger conglomerates acquired some companies. However, the United States government ordered the companies that went bankrupt to leave funds to compensate asbestos victims. They are “asbestos trust-funds, ” and are still used to cover compensation payments.
“It was a long time ago … and I no longer remember the products I worked with.” The long latency period of mesothelioma means that exposure to asbestos could have happened decades ago. It is normal to feel anxious about having to answer questions related to such a distant time in life. But during the interview with the mesothelioma lawyers, they may show you photos of products you may have worked with. These visual aids are very useful for awakening memories. Many clients are amazed at how much detail they end up remembering.
“I do not have the money to pay a lawyer.” As a rule, mesothelioma lawyers don’t charge any initial fees. They will only be paid and get reimbursed for expenses if the client gets a financial award. If the claim does not prosper, the victim is not indebted to the lawyer. The attorney-client contract should state these terms, and the lawyer should also explain them to you.
“I don´t think I had any exposure to asbestos.” According to the Centers for Disease Control and Prevention, 70 to 80% of mesothelioma cases have a link to asbestos exposure. Mesothelioma victims were often not aware that there was asbestos in their workplace. That’s where the mesothelioma lawyer comes in. The lawyer will review the victim’s history, the sites where he lived and worked. He will ask you for details regarding the tasks you performed at work. This information helps the attorney to determine if there could have been asbestos exposure. And thus, if you could be eligible to file a claim.
“I am unable to travel to see the lawyer I wish to hire.” Most mesothelioma lawyers are willing to travel to see mesothelioma victims. They understand that the patient’s medical or financial situation makes mobilization difficult, and they are willing to adapt. A good mesothelioma lawyer is always sensitive to the needs of the victim and their family members.
“I fear for my immigration status.” The immigration status of a person does not detract from the right to initiate a lawsuit.
“I do not live in the United States.” If the asbestos exposure occurred during the period in which you lived in the United States, you might be eligible for compensation. Do not hesitate to contact a mesothelioma lawyer to find out.
“No one was to blame.” Documents prove that the asbestos industry was definitely aware of the dangers of asbestos and kept them a secret. In the 1930’s, leaders of asbestos companies asked to investigate so-called “asbestos diseases,” and concealed their results. In the 1960s, Dr. Irving Selikoff established the definitive link between mesothelioma and asbestos. Even when they know that the fibers had deadly health consequences, dozens of companies continued to expose workers to them. Many of those companies only closed their doors until forced by the weight of the lawsuits.
“Money does not compensate for the health or loss of a loved one.” Unfortunately, that is correct. But many victims feel comforted by the fact that compensation will help the family cope with medical expenses, lost wages and the pain caused by mesothelioma. Perhaps more importantly, seeking compensation is a way of demanding corporations to take responsibility for their actions. The act provides a precious sense of vindication for victims and their families.
“I lost my husband to mesothelioma last year, I cannot file a lawsuit anymore.” Some people think that the passing of the mesothelioma victim cancels out the possibility of filing a claim. This is not entirely correct. The “statute of limitations” dictates the time limit for the family to act after the date of death. The period varies in each state but is usually from one to three years. Just remember that time flies. If you are not really sure about filing a claim, you may at the very least want to have a consultation immediately.
“It’s going to be a complicated process.” There are different ways in which mesothelioma patients can get financial compensation. In most mesothelioma cases the victims never go to trial. Most likely, they obtain compensation through claims to the asbestos trust funds. The process is simple. You will provide documents that support your mesothelioma diagnosis and work history, and then have an interview with the attorney. The attorney will take it from there, with minimal disruption to you or your family. On some occasions, lawyers and victim decide that it is best to go to trial. The mesothelioma lawyer is the most suitable to advise you of your options.
After all, we often feel that financial compensation demeans us or puts us at the same level than those who caused our suffering. But when we understand the history of asbestos and the malicious behavior of the companies that handled it, the perspective changes.
If you have more questions about the mesothelioma lawsuits, contact us. All inquiries are confidential.
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