Why Myths About Mesothelioma Claims Exist

Mesothelioma is a rare but devastating cancer caused almost exclusively by asbestos exposure. In Canada, thousands of workers in industries such as construction, mining, shipbuilding, and manufacturing were exposed to asbestos, often without warning about its dangers. Today, victims and families can pursue compensation through lawsuits, asbestos trust funds, or workers’ compensation systems. However, because these claims are complex and often involve decades-old exposure, misinformation spreads easily. Understanding the myths about mesothelioma claims is essential for victims and families to protect their rights and make informed decisions.

Myth One: It Is Too Late to File a Mesothelioma Claim

A common myth is that it’s too late to file a claim because asbestos exposure happened decades ago. While mesothelioma can take 20 to 50 years to develop, Canadian law allows claims to be filed after diagnosis. Most provinces have a two-year limitation period from the date of diagnosis, and asbestos trusts typically allow up to three years. Families filing wrongful death claims usually have two years from the date of death. The timing of the exposure doesn’t prevent a claim, what matters is when the illness is diagnosed. If someone has recently been diagnosed or has passed away from mesothelioma, it is still possible to start a claim.

Myth Two: Only Workers Directly Exposed to Asbestos Can File

Another myth is that only people who worked directly with asbestos-containing products are eligible to file claims. In reality, many mesothelioma cases involve secondary exposure. Family members of workers were often exposed when fibres were carried home on clothing, hair, or tools. In other cases, residents living near asbestos mines or factories were exposed through environmental contamination. Canadian law recognizes these scenarios, and secondary victims may still have the right to pursue compensation.

Myth Three: Mesothelioma Claims Are Not Worth the Effort

Some victims believe pursuing a mesothelioma claim isn’t worth the time or effort, assuming the compensation will be minimal. This is far from the truth. Settlements and judgments can range from hundreds of thousands to millions of dollars, depending on the case. Compensation may include pain and suffering, loss of companionship, and funeral costs in wrongful death claims. While every case is different, mesothelioma claims are often among the highest-value personal injury cases in Canada because of the severity of the illness and its impact on families.

Myth Four: Filing a Claim Will Take Too Long

Some people believe mesothelioma claims take too long to be worth it. While lawsuits in the U.S. can take several years, that’s not the usual path in Canada. At Miskin Law, we focus on filing asbestos trust fund claims first. These can be reviewed in as little as one month, with most taking between two to nine months. In many cases, the full process is complete within a year. If a U.S. lawsuit is possible, it often happens later, after trust claims are underway. We understand that our clients may not have much time. That’s why we don’t operate like most law firms. We move quickly to file claims and get them approved so that compensation is paid while the client is still alive.

Myth Five: Trust Funds Are the Only Option

Some people believe that asbestos trust funds are the only way to secure compensation for mesothelioma. While trust funds are an important source of compensation, they are not the only option. Victims may also pursue lawsuits against manufacturers, companies or contractors responsible for exposure. Workers’ compensation systems may also provide benefits in certain cases. A skilled lawyer can help determine whether trust funds, lawsuits, or a combination of both is the best approach for a particular situation.

Myth Six: You Cannot File if the Responsible Company No Longer Exists

Because asbestos exposure often happened decades ago, many of the responsible companies have since shut down or gone bankrupt. A common myth is that this makes it impossible to file a claim. In fact, many of these companies were required to set up asbestos trust funds to compensate future victims. At Miskin Law, we don’t file claims against employers we file against the manufacturers and suppliers of asbestos products that were present on job sites. Even if a company no longer exists, claims can still be made through these trust funds or against other responsible parties. The closure of a company does not end your legal options.

Myth Seven: Only Men Can File Mesothelioma Claims

Historically, men were more likely to work in industries with heavy asbestos exposure, such as shipbuilding, construction, and mining. This has led to the misconception that only men can file mesothelioma claims. In reality, women have also been diagnosed with mesothelioma, often due to secondary exposure or working in environments with asbestos-containing materials. Women and their families have just as much right to pursue claims as men. Gender does not limit eligibility for compensation.

Myth Eight: Filing a Claim is Too Expensive

Many families assume that hiring a lawyer to pursue a mesothelioma claim is unaffordable. This myth often prevents victims from seeking legal help. The truth is that most mesothelioma lawyers in Canada work on a contingency fee basis. This means clients pay no upfront fees, and lawyers are only paid if the case is successful. The lawyer’s fee comes as a percentage of the settlement or judgment. This arrangement allows families to access experienced legal representation without financial risk.

Myth Nine: Settlements Are Always Lower Than Trial Awards

Some people think they need to file a lawsuit or go to trial to receive mesothelioma compensation. This isn’t true. Most of our claims are filed through asbestos trust funds, which do not involve lengthy court proceedings. These claims are handled on paper and can result in significant compensation, often within months. In some cases, we may work with U.S. lawyers to file additional claims, but this is done only when it makes sense and after trust claims are already in progress. You don’t have to go to court to get results.

Myth Ten: Mesothelioma Claims Are Only About Money

While financial compensation is the practical outcome, wrongful death and personal injury claims are also about accountability. Families file lawsuits not only to secure financial relief but also to hold companies responsible for exposing workers and communities to asbestos. These claims bring attention to the dangers of asbestos and help prevent similar tragedies in the future. Viewing claims as “only about money” overlooks their broader role in achieving justice and protecting future generations. It is also about the legacy that you leave your family.

Why Dispelling Myths Matters

Myths about mesothelioma claims discourage victims from taking legal action and prevent families from securing the compensation they deserve. By dispelling these myths, more Canadians can understand their rights and access the legal options available to them. Whether exposure occurred decades ago, through secondary contact, or at a company that no longer exists, victims and families may still have valid claims. Legal guidance is essential to cut through misinformation and provide clear, practical advice.

Schedule a Free Consultation with Miskin Law

If you or a loved one has been diagnosed with mesothelioma, do not let myths prevent you from pursuing justice. Miskin Law has experience guiding Canadians through mesothelioma claims, helping families secure compensation and hold responsible parties accountable. Contact Miskin Law today to schedule a free consultation and learn the truth about your legal options.