Despite decades passing since asbestos was first introduced, exposure continues to pose severe health concerns for countless individuals many of whom struggle with mesothelioma, lung cancer, asbestosis, and many other illnesses. 

Legal pathways were established for victims to pursue compensation; however, it’s a complex undertaking and can have a significant emotional toll. Cases are at risk for being jeopardized and the financial benefit being reduced by the slightest misstep in handling claims. 

Reaching out for advice from a New York legal team specializing in this aspect of the law will unburden the stress and strain. 

Whether you’re newly diagnosed or prepared for a lawsuit, the professionals will guide the process to ensure that your rights are protected, that you’re well informed, and when you’re ready, they will work diligently to achieve a just outcome in your legal battle

Equipped with the right information and excellent legal counsel, you can move forward confidently to secure the compensation you deserve. Visit – Asbestos, the dangers, the myths and the realities – to learn the fundamentals on asbestos.

Mistakes Victims Make Pursuing an Asbestos Claim on Their Own 

Many mistakes are possible when pursuing an asbestos claim on your own, but the one that can get the case tossed out is missing deadlines. The legal deadline for filing a legal claim is referred to as its statute of limitations. 

These vary widely based on the individual’s diagnosed illness and their location. In some states the timeline begins from the point of diagnosis as opposed to the time of exposure, this allows the clock to run out quickly albeit unintentionally.  

A case will be dismissed if the statute of limitations comes up regardless of how sound the evidence may be. Consulting a specialized attorney from the start is vital to help you understand the statute and keep the process on track.

Aside from the state law, federal statute may have bearing based on how and where the exposure happened. If too much time passes, you run the risk of losing critical documents like medical profiles and employment records. 

This can also make it more difficult to contact witnesses who may be able to support the claim. Prompt action is not only wise but can often mean the difference between achieving a successful outcome or no compensation at all.

Consider the following other possible mistakes when attempting to navigate the legal system with an asbestos claim. Read here for guidance on dealing with asbestos in the home.

Accepting a Quick Settlement

Many defendants hope to settle the case quickly and will offer a lump sum settlement to do so. Generally, the amount doesn’t account for lost wages or long-term care. Victims are usually pressured to sign these offers fast so that the defendant can avoid the ever-mounting medical costs. 

Once a settlement is accepted, however, the victim usually cannot come back to pursue additional compensation later despite new expenses arising. Before signing anything, it’s essential to have an attorney assess the scope of damages, including reduced earning capacity, future medical expenses, and emotional suffering. 

 A skilled attorney has the knowledge and expertise to determine if the offer is fair and negotiate if it is not. The professional will factor in current and long-term consequences of the exposure. 

While settling sooner rather than later is appealing, offering a semblance of relief in a difficult situation, you must consider the financial strain you may struggle with later. 

Trust Fund Compensation

Because asbestos manufacturers have had to go bankrupt amid lawsuits, they established trust funds specifically to compensate victims. The funds are separate and apart from lawsuits and streamline the process for eligible claims. 

Neglecting to file with a trust could mean losing out on substantial financial support that’s simpler and more straightforward compared to going through litigation.

Each trust fund has its own eligibility criteria, documentation requirements, and payout structure. A knowledgeable attorney can help identify which trusts apply to your case and ensure all claims are properly filed. 

Combining trust fund compensation with other legal avenues can significantly increase your total recovery. Don’t overlook this resource—it could be a vital part of your financial support.

Trying to pursue compensation without legal counsel

Businesses that used or produced asbestos typically have legal teams focused on minimizing payouts. These are highly specialized claims fraught with procedural landmines. Victims who attempt to navigate the legal process without professional guidance will likely see substantially lower compensation or a rejected claim.

A skilled and specialized attorney is versed in the nuances of these claims. They collect the most beneficial evidence and identify liable parties. 

They further help clients avoid common mistakes, such as signing settlement offers, essentially letting go of future rights and missing important deadlines. Legal representation is beyond helpful, it’s vital to securing a just result. You don’t want to navigate the legal system along when the stakes are so high.

Final Thought

Asbestos exposure can put victims in a tailspin, leading them to navigate legal territory that’s intimidating and unfamiliar to get compensation they’re deserving of. 

The illnesses they’re dealing with are life-altering, but the defendants are prepared with powerful legal teams and you’re at a disadvantage when it comes to intricate legal procedures.

Seeking advice from specialists in this aspect of the legal system like Belluck Law can make all the difference. This team stand firm for asbestos victims as they have distinct and lengthy experience in this litigation. It’s their stance that no critical mistake should go unnoticed. 

Whether a client is in the early stages of being diagnosed or ready for a lawsuit, partnering with these lawyers will ensure their rights are protected from the start. These professionals bring a strong skill set along with compassionate advocacy to their clients. 

The objective for all victims exposed to asbestos is to avoid the common mistakes addressed here and choose the best attorney to guide you through the process. When it comes to a just outcome, experience and diligence are the most powerful characteristics in an asbestos attorney.