Mistakes That Are Important to Avoid While Filing A Mesothelioma Lawsuit in 2020
Mesothelioma – which, unfortunately, has no cure, is a type of cancer that is often diagnosed at a later stage. In most cases, exposure to asbestos is the leading cause of such a deadly disease. According to the American Cancer Society, less than 12% of mesothelioma patients survive longer than five years
It is strongly urged that those who wish to seek legal action against the negligent individual and/or company responsible for exposure to asbestos contact a Mesothelioma Lawyer. Due to the rarity and severity of the disease, appropriate action must be taken; any missteps within a lawsuit might hurt, or even completely terminate an individual’s chance of receiving the rightful compensation. A Michigan mesothelioma lawyer at Goldberg, Persky and White, P.C. can help you today!
The following are five mistakes that individuals should not make when pursuing legal recovery of compensation.
Dismissal of possible locations where exposure to asbestos may have occurred.
It is essential to consider all the places during their lifetime where the diagnosed individual may have been exposed to asbestos. In many cases, employees have worked with asbestos without proper safety regulations, and/or unaware of the harmful effect that carcinogens have when improperly handled.
Exposure to asbestos can occur if an individual has:
- Experienced manmade or natural disasters,
- Lived in the vicinity of contaminated work sites or natural asbestos deposits,
- Lived with someone who may have worked with asbestos,
- Used or disturbed products containing asbestos, or
- Worked in certain occupations – including the military.
Without the proper resources, it can be extremely difficult to trace back products or worksites and their history with asbestos. However, Mesothelioma Lawyers can assist you in conducting a thorough investigation to compile a range of background information – including employment history, military, residential and medical records. By doing so, all responsible parties may be held accountable.
Prolong waiting to file a mesothelioma lawsuit.
Every state has its own Statute of Limitations. These laws set a maximum amount of time an individual has to pursue a lawsuit. If the case is not filed within that time frame and the applicant attempts to file it at a later date, it is likely that the manufacturer of the asbestos products will ask the court to dismiss the case and that motion will be granted without any financial recovery.
The investigation to determine the liable party may take months alone – therefore, hiring a mesothelioma lawyer early to ensure sufficient time to work on your behalf is strongly recommended. Such specialized attorneys are aware of the necessary deadlines which may be one less burden for you or a loved one.
Accepting a settlement for less than it is worth.
Many individuals who are diagnosed face heavy financial burdens, which is why seeking optimal compensation may be essential. Compensation can go towards a number of things, such as:
- Caregiver Costs
- Funeral Expenses
- Grief Support
- Lost Wages
- Medical Expenses
- Travel Expenses
- Treatment Costs
Without strong representation, the opposing party will try to obtain the lowest settlement possible. Consultation with a qualified mesothelioma lawyer prior to agreeing to a claim settlement, is strongly recommended. When your mesothelioma lawyer helps you reach a settlement for your case, and you or your loved ones accept this, it is not possible in most cases to have a final settlement revised.
Failure to fight for fair and deserved compensation recovery.
Although every mesothelioma case is unique, each lawsuit requires a significant amount of evidence and strong arguments to be presented. This evidence can be used to receive fair compensation from the negligent party. While, unfortunately, no lawsuit or settlement can cure mesothelioma or lessen the concerns that arise from a life-changing diagnosis, it can help to ease the financial burden. Despite the complications and confusions, a lawsuit may bring – it is important to never give up.
Failure to contact a mesothelioma as soon as possible.
Mesothelioma lawyers are specialists in asbestos exposure and related diseases. Such attorneys are experienced, and have a broader understanding of:
- Available compensation
- Bankruptcy and previous litigation
- Case management skills
- History on the asbestos industries
- Laws of the State
- Records of asbestos trusts
- Research assistance
Without working with a mesothelioma lawyer, errors that undermine financial recovery are significantly increased.
Mesothelioma Lawyers at Goldberg, Persky and White, P.C.
If you or a loved one has been diagnosed with mesothelioma and are seeking compensation, a lawyer at Goldberg, Persky and White, P.C. can help! Contact us today. For those diagnosed with mesothelioma in West Virginia, speak to a West Virginia Mesothelioma Lawyer by visiting the website here.