Estate Claims and Asbestos Claims Law
If a person dies of asbestos-related illness, their family can make an estate claim and receive financial compensation. This compensation could help pay for funeral costs and any remaining medical bills.
Many companies that produced asbestos-containing products filed for bankruptcy. This created large funds to pay the victims. These funds have been drained however, and settlement amounts have required rationing.
Bankruptcy Trusts
As the health risks of asbestos became more well-known, companies that manufactured and used asbestos were slapped with massive lawsuits from the victims. Many of these companies were forced to file for Chapter 11 bankruptcy in order to protect themselves against any further liability. They were compelled by the courts to set aside money into trusts to cover future claims. The trusts will manage future litigation, not the newly reorganized firm. A trustee oversees the asbestos claims process and ensures there is enough cash to pay the asbestos victims.
The confidentiality of these trusts has allowed for fraudulent asbestos claims to be paid. In one study, researchers discovered that individuals without malignant asbestos injuries made up 86 percent of all claims made by trusts, and 37 percent of all settlements. In addition, a recent court decision in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted the existence of a "significant pattern" of misrepresentation by asbestos claimants, and law firms. The most important evidence, including product identification, was concealed.
A mesothelioma lawyer can assist you choose the best asbestos trust for your case. Each trust has its own set of criteria to determine eligibility, such as proof of diagnosis and employment history. It is also recommended to submit the confirmation of your doctor that your health issue is caused by asbestos exposure. Your attorney will make sure that your asbestos trust file is compliant with these requirements and gather additional evidence to support your claim.
In some cases your attorney could make an asbestos trust claim that is expedited on your behalf. These claims are processed more quickly than other claims, and permit a greater compensation amount. You must meet certain criteria that are listed on the website of the asbestos trust in order to qualify for an expedited application. These include meeting specific requirements for employment and medical as well as having a doctor's statement indicating you have an asbestos-related condition.
The asbestos trust claim process is complex and should only be handled by a mesothelioma lawyer who has experience. Dreyer Boyajian LLP will help you navigate the rules and regulations governing asbestos trusts to ensure that you get the compensation to which you are entitled. The firm can also assist you to understand how these claims are different from lawsuit awards as well as VA claims.
Settlements
A settlement is a deal between a plaintiff, and an asbestos company. It is the end of the lawsuit. Settlements may be reached prior to or even after a trial. Plaintiffs can accept, counter or reject any offer. A mesothelioma attorney can scrutinize any settlement to ensure it is fair. However, patients must not sign any settlement without having a complete understanding of the amount they will receive. The amount of the settlement can impact future expenses such as medical expenses, travel and lost wages.
Asbestos litigation is a long process that requires extensive legal research, detailed medical records and employment records. Attorneys are able to show asbestos companies were aware of the dangers but did not adequately warn their employees. Asbestos defendants usually settle in order to avoid the risk of losing to a jury that favors the company. A top-rated attorney who specializes in mesothelioma could utilize their knowledge in negotiating asbestos settlements, to calculate the possible settlements in each case.
Mesothelioma patients typically require assistance with financial expenses. Health insurance typically only covers the cost of treatment, leaving many patients with large out-of-pocket costs. Joliet asbestos attorneys may also offer assistance. Mesothelioma attorneys can review the policies of insurance and other documentation to determine eligibility for these benefits.
Based on the degree of a patient's exposure as well as the severity of their illness the amount of settlements may vary widely. Compensation awarded to mesothelioma patients may include damages for past and future suffering and pain, the loss of pleasures of life and lost income.
Family relatives of loved ones who have died from mesothelioma or other asbestos-related diseases could be eligible to receive compensation from a pre-established life insurance policy. This type of claim requires proper documentation, including death certificates and policy documents. Attorneys can go over the options available and assist victims and their families make claims. Mesothelioma and asbestos-related diseases and their effects can be devastating to patients and their families. Dreyer Boyajian LLP's asbestos attorneys have helped clients achieve multi-million dollar settlements in variety of complicated cases. Contact our New York office today to schedule a confidential consultation with one of our experienced lawyers.
Trials
Asbestos companies know that they face a high likelihood of being found to be liable in lawsuits filed by victims who have been diagnosed with an asbestos-related illness. Instead of battling for large verdicts asbestos defendants often opt to settle cases. A mesothelioma lawyer can help victims weigh the pros and cons of taking on the possibility of a lawsuit or settling.
A mesothelioma attorney can gather information about an individual's asbestos exposure history and identify the responsible companies or products. Multiple defendants are involved in certain asbestos cases since exposure to asbestos is usually the result of a variety of sources.
A mesothelioma lawyer will be able to prove that, in settlement negotiations, that asbestos companies were negligent in not warning about the risks associated with their products. The medical records of the victim will also be used to prove the link between exposure and mesothelioma.
Once a mesothelioma claimant accepts a settlement, the parties involved in the case will cease negotiations and provide a guaranteed amount of money to the victim. Settlements can be a beneficial option for those who are unable to wait until the end of a trial. It is important to note that settlements may change as the court processes evidence and hears arguments from both sides.
A trial involving asbestos involves the jury or judge in deciding if a business is liable and what amount it is required to pay. Trials can last from just a few days to months. The result of a trial will depend on the strength of evidence and the skill of the lawyers on both sides.
Many asbestos lawyers will recommend their clients to take a settlement because it is a faster method of receiving compensation for losses and injuries. However, an experienced mesothelioma lawyer will investigate all legal options to ensure the victim receives the most compensation. In some cases, it may be more beneficial to pursue a trial and hope for a larger verdict. In this instance the lawyer for the victim would argue for lifting the corporate veil and expose the parent company to liability in addition to the subsidiary.
Statute of limitations
One of the most important aspects that can affect an asbestos lawsuit is the statute of limitations, which set a time limit on how long someone can file a claim or lawsuit. This deadline varies by state, and plaintiffs have to be aware of the law in their area. Contact an asbestos lawyer right away when you're worried that your statute of limitations has run out. They can assist you in determining whether there are any exemptions, exceptions, or unique circumstances that could extend the time frame for filing statutory claims.
Most states have the "discovery rule" that states that the statute of limitations doesn't begin until the illness is diagnosed. This can be complicated because mesothelioma and other asbestos-related diseases, take a long time to become apparent.
Many states have different statutes for personal injury and wrongful death claims. Personal injury lawsuits are typically filed by living individuals, who follow the statutes of limitations imposed by their home states. The lawsuits for wrongful death are filed by the relatives of the deceased and are subject to the laws of the state where they reside at the time of the deceased's death.
Another aspect that could influence the statute of limitations is where the victim lived or worked. If the victim was exposed to more than one location or developed multiple diseases, the applicable law might be determined by the place where the bulk of exposure occurred or from where they were diagnosed. This could cause issues for people who moved to an entirely different state or who were diagnosed when the statute of limitations in their home state was over.
In certain cases, the statutory filing period may be extended by special circumstances or by court or court order. This is rare. To ensure your rights, if you suffer from a serious illness such as mesothelioma, it is important to file a lawsuit against asbestos or mesothelioma as soon as you can. Get in touch with an asbestos attorney immediately to ensure that you do not miss out on the chance to receive compensation. The attorneys at Dreyer Boyajian LLP achieved multi-million dollars in a variety of complex cases involving hazardous exposition.