If you or someone else you love has been diagnosed with mesothelioma, you have a legal right to file a claim and seek compensation. However, the legal procedure is not straightforward, especially for someone who has never been involved in a personal injury case.
From gathering medical documents to contacting a mesothelioma attorney, victims and their loved ones face numerous challenges. Here’s a closer look at five of them so you can be prepared and take the necessary measures:
1. Diagnostic Delays
Proving exposure is difficult due to one main reason: the long latency period of asbestos-related illnesses. Mesothelioma takes a long time to develop. In most cases, symptoms appear 20 to 50 years after the initial exposure. Additional factors, such as age, intensity of exposure, and overall health condition, can also impact the latency period.
Working with a reputable mesothelioma attorney can ensure some peace of mind. They have years of experience and can bring expert testimonies to create a link between your asbestos-related illness and exposure.
2. Identifying the Source of Exposure
Identifying the source of exposure is another common challenge. Asbestos was once widely used in construction, shipbuilding, and various other industries. Asbestos fibers have also been found in talcum powder and insulation materials. According to some studies, a person can be exposed to asbestos indirectly, such as through the clothing of someone who worked in an environment with asbestos.
Naturally, identifying the exact source of asbestos exposure becomes difficult. Collecting detailed history is incredibly important. Reputable law firms, such as ELSM Law, can help. Attorneys will thoroughly analyze all the places you’ve lived, worked, or spent time where asbestos could have been present.
3. Variations in State Laws and Regulations
Even when you’ve built a strong connection between your illness and source of exposure, there are still some challenges. For instance, each state has its own set of laws and regulations regarding the latency period, statute of limitations, and the compensation procedure.
4. Financial Burden
Like all legal battles, mesothelioma cases are incredibly expensive. First off, victims need extensive cancer treatment and costly medicines. Remember that mesothelioma is a lifelong condition that can significantly impact the quality of life, as well as income potential.
Since linking your asbestos illness and exposure is difficult, you will need expert testimonies from medical professionals and industrial hygienists. This can further add to your expenses.
Lastly, filing a claim and hiring a lawyer also incur a financial burden. Administrative tasks, such as paperwork, can be costly.
5. Emotional Toll
In addition to finances, the long litigation process can take a toll on your emotional well-being. After filing a claim, you would have to wait months, if not years, to get compensated. Whether you choose to settle or wait for the jury’s decision, the uncertainty can result in anxiety.
Mesothelioma itself is an emotionally taxing disease. Seek support from friends and family to reduce some of the burden. Moreover, thoroughly vet a lawyer before hiring them. This will ensure peace of mind.
