Common Myths About Mesothelioma Claims in Ohio

Mesothelioma is a serious cancer caused by asbestos exposure, and pursuing a claim can be a critical step for affected individuals in Ohio. However, many myths surround the process, leading to confusion and hesitation. This blog post aims to debunk these myths, providing clarity and helping victims understand their rights and options.

Myth 1: Only Industrial Workers Can File Claims

Fact: While it’s true that industrial workers, particularly those in construction, shipyards, and factories, have a higher risk of asbestos exposure, they are not the only ones eligible to file mesothelioma claims. Asbestos was used in various industries, including automotive repair, textiles, and even in some consumer products. Family members exposed to asbestos dust brought home on workers’ clothing can also develop mesothelioma. Ohio law allows anyone diagnosed with an asbestos-related disease due to exposure to file a claim, regardless of their occupation.

Myth 2: You Can Only File a Claim if the Exposure Happened Recently

Fact: Mesothelioma has a long latency period, often taking 20-50 years to develop after initial asbestos exposure. Ohio law recognizes this and provides a statute of limitations that typically starts from the date of diagnosis, not the date of exposure. This means that even if you were exposed decades ago, you still have the opportunity to seek compensation once diagnosed.

Myth 3: Mesothelioma Claims Always Go to Trial

Fact: While some mesothelioma claims do go to trial, many are settled out of court. Attorneys often negotiate settlements to provide compensation without the lengthy and stressful process of a trial. In Ohio, skilled mesothelioma lawyers can often secure settlements that offer substantial compensation to cover medical expenses, lost wages, and pain and suffering, without the need for a courtroom battle.

Myth 4: Filing a Claim is Too Complicated and Time-Consuming

Fact: While the process of filing a mesothelioma claim can be complex, experienced asbestos attorneys can handle most of the work. They gather necessary evidence, file paperwork, and represent you in negotiations or court. In Ohio, many law firms specialize in mesothelioma litigation and offer free consultations. They typically work on a contingency fee basis, meaning they only get paid if you win your case. This makes the process more accessible and less burdensome for patients and their families.

Myth 5: Compensation Amounts are Minimal

Fact: Compensation for mesothelioma claims can be substantial, reflecting the severe impact of the disease on the victim’s life. Settlements and verdicts can cover medical expenses, lost income, pain and suffering, and in some cases, punitive damages. In Ohio, the compensation amount depends on various factors, including the severity of the illness, the extent of exposure, and the responsible parties’ liability.

Myth 6: Veterans Cannot File Mesothelioma Claims

Fact: Veterans who were exposed to asbestos during their military service have the right to file mesothelioma claims. The U.S. military used asbestos extensively in ships, vehicles, and buildings, putting many veterans at risk. Ohio veterans can file claims through the Department of Veterans Affairs (VA) for benefits, and they can also pursue compensation from asbestos trust funds or through litigation against manufacturers of asbestos-containing products.

Myth 7: All Law Firms Handle Mesothelioma Claims the Same Way

Fact: Not all law firms have the same level of expertise and experience in handling mesothelioma claims. It’s crucial to choose a firm with a proven track record in asbestos litigation. In Ohio, reputable mesothelioma attorneys have access to extensive resources and databases of asbestos-containing products and companies. They also understand the specific legal landscape of Ohio, which can be beneficial in securing maximum compensation.

Myth 8: If You File a Claim, You Will Lose Your Job

Fact: Fear of retaliation is a common concern, but it is illegal for an employer to fire or discriminate against an employee for filing a mesothelioma claim. Ohio law protects workers’ rights, and any such retaliation can lead to additional legal consequences for the employer. Moreover, many claims are filed against former employers or companies that are no longer in business, minimizing the risk of current job loss.

Myth 9: Mesothelioma Claims Take Years to Resolve

Fact: While some claims can take years, many are resolved more quickly, especially if they are settled out of court. In Ohio, mesothelioma cases are often given priority due to the serious nature of the illness. Courts recognize the need for timely resolutions, and experienced attorneys work diligently to expedite the process. Settlements can sometimes be reached within a few months, providing much-needed financial relief to victims and their families.

Myth 10: If the Company Responsible is Bankrupt, You Cannot Get Compensation

Fact: Even if the company responsible for the asbestos exposure has declared bankruptcy, you can still receive compensation. Many bankrupt asbestos companies have established trust funds to compensate victims. These asbestos trust funds are specifically set up to pay out claims for those affected by the company’s products. In Ohio, experienced mesothelioma attorneys know how to navigate these trust funds to secure compensation for their clients.

Understanding the realities of mesothelioma claims can help victims in Ohio navigate the legal process more effectively. Dispelling these common myths is crucial for ensuring that those affected by asbestos exposure can seek the justice and compensation they deserve. If you or a loved one has been diagnosed with mesothelioma, consult with a specialized Ohio mesothelioma lawyer to explore your options and protect your rights.