The public has many misconceptions about asbestos laws, mesothelioma cancer and your legal rights. Here are some quick answers to the most common misconceptions.
Mesothelioma Lawsuit Myths
I can’t afford to pay for my lawsuit.
Wrong. You do not pay any up-front fees when you hire Baron and Budd mesothelioma lawyers to represent you. Our firm handles each mesothelioma lawsuit on a contingency fee basis, meaning that you do not owe any legal fees or expenses unless we achieve compensation for you. We do not get paid for our services if we do not obtain compensation for you. If we achieve a successful result for you, then we receive our legal fee as a percentage of your recovery, including court costs and litigation expenses.
You can’t file a mesothelioma lawsuit if you have previously filed an asbestosis lawsuit.
Wrong. Several states allow a person to file a new lawsuit after being diagnosed with a second asbestos-related disease, even if a lawsuit for the first disease was previously filed. Baron and Budd mesothelioma attorneys have represented several mesothelioma victims who have previously suffered from a different asbestos-related disease. Our firm has successfully tried these types of cases in Texas, Iowa and Florida. Several other states have ruled in favor of the mesothelioma patient for a second claim of asbestos disease.
My family member died from mesothelioma, and it’s too late to seek legal help.
Most states do permit family members to pursue a legal case on behalf of a loved one who passed from mesothelioma. Legal action should be taken quickly, however, as most states do limit the amount of time that you can file a mesothelioma lawsuit after your family member has passed.
I don’t know how I was exposed to asbestos so I can’t pursue a lawsuit.
Many mesothelioma patients are surprised to find out that their cancer was caused by asbestos exposure. Often, people have been subjected to something called bystander exposure. You can be subject to harmful asbestos fibers just from being in the same vicinity of these products. Many cases of mesothelioma have occurred from people just visiting jobsites, but not actually handling the products directly. Also, second-hand exposure can occur if someone close to you has worked with asbestos products and carries the fibers home on his or her clothing, shoes or hair. Communities in close proximity to asbestos mines are also at risk for asbestos exposure.
The companies responsible for my asbestos exposure are bankrupt, so I cannot receive compensation.
False. Although there are several asbestos companies that have filed chapter 11 bankruptcy over the last few decades, asbestos bankruptcy trusts were established by the courts to compensate asbestos victims. Your mesothelioma lawyer will file a claim with the asbestos trust on your behalf to achieve compensation for your asbestos exposure.