Filing a mesothelioma claim can be a critical step in seeking justice and financial compensation for individuals and families affected by this devastating illness. Mesothelioma, a rare and aggressive cancer caused by exposure to asbestos, often places an enormous emotional and financial strain on those diagnosed. While pursuing a claim can provide much-needed support, the process is complex and fraught with potential pitfalls. To maximize your chances of a successful outcome, it’s essential to avoid common mistakes that could derail your claim.
Delaying the Filing Process
One of the most critical mistakes individuals make is waiting too long to file a mesothelioma claim. Each state has a statute of limitations that sets a deadline for filing personal injury or wrongful death claims. These time limits typically range from one to three years from the date of diagnosis or the death of a loved one.
Tip: Start the process as soon as possible after diagnosis or passing. Consulting an experienced mesothelioma attorney early on can help you understand your timeline and ensure you don’t miss important deadlines.
Failing to Work with an Experienced Attorney
Mesothelioma cases are highly specialized and require in-depth knowledge of asbestos laws, medical evidence, and legal procedures. Some individuals attempt to handle claims on their own or hire attorneys without experience in asbestos litigation. This often leads to reduced compensation or dismissed claims.
Tip: Partner with a law firm that specializes in mesothelioma and asbestos-related cases. Experienced attorneys have access to resources, databases, and expert witnesses to build a strong case on your behalf.
Providing Incomplete or Inaccurate Information
Filing a claim involves gathering detailed information about your asbestos exposure history, medical records, and employment background. Incomplete or inaccurate details can slow down the process, weaken your case, or result in rejection.
Tip: Be thorough and honest when providing information. Work with your attorney to compile evidence, including employment records, witness testimonies, and documentation of asbestos exposure. Precision is key to strengthening your claim.
Overlooking All Sources of Compensation
Many mesothelioma victims are unaware of the multiple avenues available for compensation. In addition to filing a personal injury or wrongful death lawsuit, you may be eligible to file claims with asbestos trust funds or receive workers’ compensation benefits. Some individuals miss out on significant compensation by focusing solely on one option.
Tip: Discuss all potential sources of compensation with your attorney. They can help you explore lawsuits, asbestos trust fund claims, VA benefits (if you’re a veteran), and other options to maximize your recovery.
Failing to Preserve Evidence
Evidence is the backbone of any mesothelioma claim. This includes documentation of asbestos exposure, medical diagnoses, and proof of damages such as medical bills and lost wages. Failure to preserve or obtain critical evidence can weaken your case.
Tip: Begin collecting evidence as soon as possible. Retain employment records, receipts for medical expenses, and any correspondence related to asbestos exposure. Your attorney can guide you on what’s needed and help secure expert testimonies if required.
Settling Too Quickly
Insurance companies and defendants’ lawyers may attempt to settle mesothelioma claims quickly, often offering less compensation than you deserve. Some individuals accept these offers without fully understanding the long-term costs of their illness.
Tip: Avoid accepting the first settlement offer without consulting your attorney. A skilled lawyer will negotiate on your behalf to secure fair compensation that accounts for medical expenses, lost income, and future care needs.
Underestimating the Costs of Mesothelioma
Mesothelioma treatment is expensive, often requiring surgery, chemotherapy, radiation, and palliative care. Many individuals underestimate the total financial burden of their illness, which can lead to accepting inadequate compensation.
Tip: Work with your attorney to estimate the full scope of your medical expenses, both current and future. Consider additional costs, such as travel for treatment, home care, and loss of earning capacity.
Not Considering the Emotional Toll
Filing a claim can be an emotionally taxing process, especially while dealing with a mesothelioma diagnosis. Some individuals underestimate the mental and emotional toll of navigating legal proceedings, leading to frustration or burnout.
Tip: Lean on your support system and communicate openly with your attorney about your concerns. Many mesothelioma law firms handle the bulk of the legal work to minimize stress on their clients, allowing you to focus on your health and well-being.
Failing to Research the Defendant’s History
Many asbestos companies have declared bankruptcy and established trust funds to compensate victims. Failing to research the defendant’s history or identifying the wrong party can complicate or invalidate your claim.
Tip: Your attorney will investigate the history of the companies responsible for your asbestos exposure, ensuring claims are filed with the appropriate parties or trust funds. This research is critical to your case’s success.
Not Preparing for the Long Haul
Mesothelioma claims can take time to resolve, especially if they go to trial. Some individuals underestimate the duration of the process and become discouraged when results aren’t immediate.
Tip: Patience and persistence are key. Trust your attorney’s expertise and focus on your health while they handle the complexities of the case. Many law firms operate on a contingency basis, meaning you won’t pay unless they secure compensation for you.
Final Thoughts
Filing a mesothelioma claim can be a daunting and emotional journey, but you don’t have to navigate it alone. At Robins Cloud LLP, we have the experience, resources, and dedication to help you every step of the way. Our team understands the challenges you’re facing, and we’re committed to fighting for the compensation you deserve. From gathering evidence to negotiating with defendants, we handle the legal complexities so you can focus on your health and family. Let us help you secure justice and financial relief during this difficult time.
Contact us today to schedule a free consultation with our experienced mesothelioma lawyers.