Top Mistakes to Avoid When Pursuing Compensation for Asbestos-Related Illnesses
A diagnosis of an asbestos-related illness is often frightening and overwhelming. Conditions like mesothelioma, asbestosis, and lung cancer often result from workplace exposure decades earlier, leaving victims and their families searching for answers and financial support.
Many people qualify for compensation through lawsuits, asbestos trust funds, or workers’ compensation claims, but the process can be complex. By knowing some common mistakes to avoid, you can improve your chances of a successful verdict, getting fair compensation for your losses, and holding responsible parties accountable.
These mistakes can include:
Delaying Legal Action
One of the most critical mistakes is waiting too long to take legal action. Every state has a statute of limitations for asbestos-related claims, meaning victims have a limited window to file a lawsuit.
In most cases, the deadline begins when a person receives a diagnosis rather than at the time of exposure. Since asbestos-related diseases often take decades to develop, many people are unaware of their rights until it is too late.
Delaying taking action can make it harder to gather crucial evidence as well.
Witness testimonies, employment records, and medical documentation play a key role in proving exposure and liability. The longer a person waits, the more difficult it becomes to track down these details.
Consulting an attorney as soon as possible helps ensure that deadlines are met and necessary evidence is preserved.
Failing to Identify All Responsible Parties
Many asbestos-related claims involve multiple defendants. Asbestos exposure often happens over a long period, and victims may have worked for several companies or used different asbestos-containing products. Failing to identify all responsible parties can limit compensation.
Someone who worked in construction, for example, may have been exposed to asbestos from insulation, cement, and tile products made by separate companies. Employers, contractors, and suppliers could also bear responsibility.
A thorough investigation into work history and exposure sources is essential to maximize potential compensation.
Accepting an Early Settlement Offer
Insurance companies and asbestos trust funds often try to settle claims quickly. While an initial settlement offer may seem appealing, especially for individuals facing mounting medical bills, it is usually much lower than what a victim is entitled to receive.
Once a settlement is accepted, victims typically cannot seek additional compensation, even if new expenses arise.
Before accepting any offer, it is important to evaluate the full scope of damages, including future medical expenses, lost or reduced wages, and any current or future pain and suffering. An experienced attorney will negotiate on your behalf to make sure that you get a fair level of compensation that includes the long-term impact of your illness.
Not Gathering Enough Evidence
To successfully pursue an asbestos-related claim, you’ll need strong evidence. This includes medical records confirming the diagnosis, employment history linking exposure to specific job sites, and documentation showing the use of asbestos-containing products. Without this evidence, it can be challenging to prove liability.
Many victims struggle to recall details of their exposure, especially if it happened decades ago.
Keeping a personal record of past job sites, coworkers, and potential asbestos exposure sources can help strengthen a case. A qualified attorney can also assist in tracking down employment records and expert witnesses who can testify about industry practices and asbestos exposure risks.
Overlooking Asbestos Trust Funds
Some victims assume that lawsuits are their only option for compensation, but asbestos trust funds exist specifically to help those diagnosed with asbestos-related diseases. Many companies that once used asbestos have filed for bankruptcy and established these funds to compensate victims. Failing to explore trust fund claims can mean missing out on financial assistance.
Every asbestos trust fund has its own specific eligibility requirements and payment structure.
An experienced attorney can help determine which trusts a person qualifies for and ensure that all claims are properly filed. Combining trust fund compensation with other legal claims can also maximize financial recovery.
Trying to Handle a Claim Without Legal Help
Navigating an asbestos-related claim alone can be overwhelming. Companies that produce or use asbestos have legal teams dedicated to minimizing payouts, and insurance companies will often try to shift blame, deny, or reduce claims.
Victims who attempt to handle their claims without professional assistance may receive significantly lower compensation or even have their claims denied.
An attorney experienced in asbestos litigation understands the complexities and nuances of these types of cases and knows how to build a strong claim. They can identify liable parties, gather necessary evidence, and negotiate fair settlements.
Ignoring Medical and Financial Future Needs
Asbestos-related illnesses can require long-term medical care, including surgeries, chemotherapy, and respiratory treatments. Some victims also experience reduced earning capacity or become unable to work entirely. Settlements and trust fund payouts should account for these long-term financial needs.
Victims who underestimate future expenses may find themselves struggling to cover costs later.
Seeking financial advice and working with legal professionals can help ensure that settlements include sufficient compensation for ongoing medical care, lost income, and future suffering.
Signing Documents Without Understanding Them
Legal agreements, including settlement offers and trust fund applications, contain fine print that can impact a victim’s right to future compensation. Signing documents without fully understanding the terms can result in accepting less than you need or unknowingly waiving your right to pursue further claims.
Before you sign any legal documents, you should review them carefully and seek legal guidance.
Our experienced personal injury attorneys can explain the terms and help ensure that the agreement is in your best interest before moving forward.
Pursuing compensation for an asbestos-related illness can be a complicated process, but avoiding these common mistakes can help ensure the best possible outcome.
At Schweickert Ganassin Krzak Rundio, LLP, we know from experience that taking timely legal action and seeking knowledgeable, professional help can make all the difference in securing maximum compensation.
If you’ve been a victim of asbestos exposure, you and your family deserve financial support for medical costs, lost wages, and the pain you’ve suffered. By working with our legal professionals, you can take the necessary steps to protect your rights and get justice.
