Can You Sue for Asbestosis on Your Own and Avoid Hiring an Attorney?
If you suffer from asbestosis, you can file a claim for personal injury and receive compensation from the person or company who exposed you to asbestos, thereby causing your illness. But is it better to do things on your own or get an attorney? Here are some aspects to help answer this question.
Am I legally allowed to represent myself?There's no doubt about this. Yes, you can choose to sue for asbestosis without hiring an attorney. However, this decision implies some risks. Firstly, it could compromise the outcome of your claim and prevent you from getting the maximum amount of compensation. The worst-case scenario is that you won't get any compensation at all. Putting things bluntly, most people lack the necessary knowledge to help them sustain their cause in a courtroom or conduct effective negotiations during the settlement phase. Nonetheless, if you developed asbestosis, and have the necessary proofs to prove that occupational exposure triggered this condition, no one can stop you from filing the claim without the help of an attorney.
What aspects should I pay attention to if I decide to pursue a claim on my own?One of the most important aspects asbestosis victims are unaware of is the statute of limitations. This is the specific timeframe during which you are allowed to bring your claim. If you fail to meet this deadline, your request will cease to be valid, and you'll lose your chance to get compensation. The problem that arises from this limitation is that it differs from state to state. The average period is two years. However, you need to be informed about the rule that applies to the state where you want to file. And to do this, you would typically go to an attorney who has experience in filing asbestosis claims.
Another important factor that influences the result of your claim is the paperwork. You'll need to gather several documents that prove your exposure to asbestos and correlate it with your asbestosis diagnosis. For this, you'll need to pay several visits to doctors, ex-employers or labor institutions. Some of these resources will be hard to access if you knock on the wrong door. So, bear in mind that this process can be time and resource consuming.
Moreover, there's a series of different technical aspects you should be able to handle to submit your asbestosis claim successfully. You should also be aware of the various factors that can impact your claim and lower your chances of reaching the attained goal.
How much money do I save if I don't hire a lawyer?The legal procedure for an asbestosis claims can be costly because the discovery period is complex and lengthy. This is the interval during which you are required to gather compelling evidence to support your request. Asbestosis is a condition that has a long latency period. It might be a matter of decades between the moment when you want to file a claim and the time when the exposure occurred. Therefore, asbestosis cases are particularly difficult to tackle because it is hard to find out and prove who was responsible for the exposure.
Filing an asbestosis claim could be more expensive in the absences of a lawyer, and the main reason is that you'll have to cover the legal expenses on your own. You probably wonder whether you wouldn't have to take this responsibility upon yourself even if you worked with a lawyer. Well, the answer is no because in this case, the lawyer could be caring for these costs. This amount of money would then be recovered if the claim is successfully concluded and you start getting your compensation.
The lawyer's fee is paid similarly, and this is called contingency payment. In conclusion, you don't have to get any money out of your pocket if you work with a lawyer. Conversely, if you decide to file on your own, you have to be able to cover all the legal costs.
Can I file a claim with the asbestos trusts if I don't have a legal representative?If you want to file a claim with the asbestos trusts to get compensated for your illness, you must know which one you can turn to. There are more than 50 asbestos trusts available. Also, be aware that their requirements differ and you must make sure you meet the specific eligibility criteria of the trusts that can process your request.
Moreover, note that these trusts will not be able to provide assistance if you decide to file the claim on your own as their sole responsibility is to evaluate claims and calculate the compensation amounts.
Is it better to work on your own or hire an attorney?Asbestosis claims are not the regular personal injury requests. They involve a lot of research and paperwork. It's often hard to make it clear whom you should file against and the amount of time, while you can do it, is limited.
Sometimes, attorneys also find it hard to face these hurdles, let alone a regular person who's never stepped into a courtroom.
An attorney who has experience with asbestosis claims can help you navigate easier through the legal system and enhance your chances to get the maximum compensation.
Filing a claim independently also comprises some advantages. You get to spare the time you would have to invest in searching for the right lawyer. More importantly, the entire compensation amount remains yours since you don't have to deduct an attorney fee.
All in all, it's up to you to decide how you want to proceed, but take into account all these aspects before you draw a conclusion.