Estate Claims and Asbestos Claims Law
When a person dies from asbestos-related illness their family members can file an estate claim and receive financial compensation. This compensation can be used to pay funeral costs and any remaining medical bills.
Many companies that produced asbestos-containing products declared bankruptcy. This resulted in huge funds to pay the victims. The funds have been drained however the settlement amounts have had to be rationed.
Bankruptcy Trusts
As the health risks of asbestos were recognized companies that used and manufactured it faced massive lawsuits by the victims. Many of these companies filed for Chapter 11 bankruptcy in order to safeguard themselves from further risk of liability. Courts ordered them to set funds aside in trusts for future claims. These trusts will handle future litigation, not the newly reorganized firm. A trustee manages the asbestos trusts, directing the claims process and ensuring that there is enough money to pay asbestos victims.
The confidentiality of trusts has led to fraudulent asbestos claims to be paid. Researchers found that trusts paid out the majority of claims and 37 percent of settlements were paid to individuals who did not have asbestos-related cancers. In addition a recent court ruling in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted a "significant pattern" of misrepresentation by asbestos claimants, and law firms. The most important evidence, including product identification, was concealed.
An attorney for mesothelioma can help you choose the asbestos trust that is best for your claim. Each asbestos trust sets its own criteria for determining eligibility, which include proof of diagnosis and working history. It is also recommended to submit a doctor's statement confirming your illness is caused by asbestos exposure. Your attorney will ensure that your asbestos trust file is compliant with these requirements, and will gather additional evidence to support your claim.
In some cases, your attorney may file an asbestos trust claim that is expedited on your behalf. These claims are processed faster than other claims and can result in an increase in compensation. To be eligible for a claim that is expedited, you must meet certain criteria that are laid out on the asbestos trust's website. You must meet certain employment and medical requirements as well as have a doctor's note indicating that you suffer from an asbestos-related illness.
The asbestos trust claims process is complex and should be handled by a seasoned mesothelioma lawyer. Dreyer Boyajian LLP will help you navigate the rules and regulations that govern asbestos trusts to ensure you are able to receive the amount of compensation to which you are entitled. The firm can also help learn how these claims differ from lawsuit awards as well as VA claims.
Settlements
A settlement is an agreement between the plaintiff and an asbestos-related company to end a lawsuit. It may occur prior to or after the trial. Plaintiffs may accept or counter any offer. An attorney for mesothelioma can review any settlement to ensure it is fair. However, victims should not accept any settlement without a full knowledge of the amount they will receive. The amount of the settlement may impact future expenses such as medical expenses, travel and lost wages.
Asbestos litigation can last for years and require lengthy legal research as well as detailed medical and employment documents. Attorneys will attempt to prove asbestos companies were aware of the dangers of their products but failed to warn workers. Asbestos defendants usually settle to avoid losing to a jury that favors the company. A mesothelioma lawyer with a high rating can draw on their experience negotiating asbestos settlements to determine the possible settlements for each case.
Mesothelioma patients are often in need of assistance with financial expenses. The majority of health insurance policies cover a small portion of treatment expenses. This leaves many patients with significant out of pocket expenses. Workers' compensation is another option to assist. Mesothelioma attorneys can review the policies of insurance and other documentation to determine if they are eligible for these benefits.
Settlement amounts can differ widely depending on the severity of the patient's illness and the extent to which they are exposed. Compensation for mesothelioma victims could include damages such as past and future pain, suffering, loss of enjoyment in life, and lost income.
Families of loved ones who have died from mesothelioma or other asbestos-related illnesses, could be entitled to compensation under an insurance policy. This kind of claim requires proper documentation, including death certificates and policy documents. Attorneys can review the available options and assist victims and their families file claims. Mesothelioma and other asbestos-related diseases can have a devastating effect on families of patients. Dreyer Boyajian LLP's asbestos attorneys have helped clients obtain multi-million dollar settlements in range of complex cases. Contact our New York office to schedule a confidential meeting with one of our experienced lawyers.
Trials
Asbestos firms are aware that they run a high-risk of being held accountable for lawsuits filed by asbestos-related disease victims. Instead of battling for large verdicts asbestos defendants often opt to settle their cases. An experienced mesothelioma attorney can assist victims to understand the pros and cons of pursuing a trial or accepting a settlement.
A mesothelioma lawyer can gather details about the victim's exposure history and identify the asbestos-related companies or products that are responsible. Multiple defendants are involved in some asbestos cases since exposure to asbestos is often a result of a variety sources.
During settlement negotiations, a mesothelioma law firm can prove that the asbestos company's negligence caused the asbestos-related disease by not adequately warning about the dangers associated with its products. The victim's medical record will also be used to prove the connection between exposure and mesothelioma.
If a mesothelioma patient accepts a settlement offer the parties involved will cease any negotiations and will pay a sum of money that is assured to the victim. Settlements are a good option for those who cannot afford to wait for the outcome of a trial. It is important to keep in mind that settlement offers may change as the court processes evidence and hears arguments from both sides.
An asbestos trial involves a judge or jury to decide if a company is responsible and how much it has to pay. Gary asbestos lawyer can last from just a few days to months. The outcome of a trial depends on the strength of evidence and the skill of the lawyers who represent both sides.
Many asbestos lawyers will advise their clients to accept the settlement as it is a quicker way to receive compensation for injuries and losses. However, an experienced mesothelioma lawyer will investigate all legal options to ensure the victim receives the maximum amount of compensation. In certain cases it is preferential to go through with trial to obtain a better verdict. In this instance, the attorney representing the victim will argue that the corporate veil needs to be removed and the parent company should be held accountable along with the subsidiary.
Statute of Limitations
One of the most important factors that could affect an asbestos lawsuit is the statute of limitations, which imposes an amount of time for how long a person has to start a lawsuit or claim. The deadline varies by state and victims should be aware of the laws applicable to their state. If you're worried that your time-limit has expired or is approaching an asbestos attorney right away. They can help you determine whether there are any exceptions, exemptions or special circumstances that may extend the statutory filing period.
Most states have an "discovery rule" that states that the statute of limitations does not begin until the illness is diagnosed. Because asbestos-related mesothelioma diseases take years to manifest, this could complicate cases.
There are a variety of states that have different statutes of limitation for personal injury and wrongful death claims. Personal injury lawsuits are typically filed by living individuals who adhere to the statutes of limitations imposed by their home state. The lawsuits for wrongful death are filed by the relatives of a deceased person and are controlled by the laws of their state of residence at the time of decedent's death.
The victim's place of employment or residence could also affect the statute. If the victim was exposed to multiple locations or suffered from multiple illnesses the law that applies to them may be determined by where most of exposure occurred or from where they were diagnosed. This could cause problems for those who have relocated to a new state or were diagnosed after the statute of limitations passed in their home state.
In certain instances, the statutory filing period may be extended by special circumstances or by a court order. This is rare. If you suffer from a severe health condition like mesothelioma, you should start an asbestos lawsuit or mesothelioma lawsuit as soon as possible to protect your rights. To ensure you don't miss the chance to be compensated and compensation for asbestos exposure, you must contact a reputable asbestos lawyer immediately. The attorneys at Dreyer Boyajian LLP achieved multi-million dollar results in numerous complicated cases involving hazardous exposure.