Estate Claims and Asbestos Claims Law
If a person dies due to an asbestos-related illness family members may be entitled to financial compensation. This compensation will be used to pay funeral expenses and any medical bills that remain.
Many companies that made asbestos-containing products filed for bankruptcy. This resulted in huge funds to pay the victims. These funds have been drained, however the settlement amount has had to be rationed.
Bankruptcy Trusts
As asbestos became more widely recognized as a health risk companies that manufactured and used it were slapped with a flurry of lawsuits from victims. Many of these companies filed Chapter 11 bankruptcy to protect themselves from any further risk of liability. They were compelled by the courts to put money in trusts for future claims. Trusts are able to handle future litigation and not the newly reorganized company. A trustee oversees the asbestos claims process, and ensures there is enough cash to pay asbestos victims.
The secrecy surrounding these trusts has allowed for fraudulent asbestos claims to be paid. In one study, researchers discovered that asbestos-related malignant injuries made up 86 percent of all claims paid 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 cited an "significant pattern of deception" by asbestos lawyers and claimants as well as evidence, such as the identification of the product being omitted.
A mesothelioma lawyer can assist you in choosing the asbestos trust that is the most suitable for your claim. Each asbestos trust sets its own standards to determine eligibility, which includes proof of diagnosis and the history of your work. You should also provide a doctor's note confirming your condition is due to asbestos exposure. Your attorney will ensure that your asbestos trust file is compliant with these requirements and will also gather additional evidence to support your claim.
In certain cases an attorney may be able to make a claim for asbestos trust expedited on your behalf. These claims are processed more quickly than other claims and permit a higher payout. You must meet certain criteria listed on the website of the asbestos trust in order to be eligible for an expedited application. You must meet certain medical and employment requirements as well as have an official medical note that states you suffer from an asbestos-related condition.
The asbestos trust claims process is complex and should be handled by a knowledgeable mesothelioma attorney. Dreyer Boyajian LLP can help you navigate the numerous rules and regulations for asbestos trusts so that you get the compensation you are entitled to. The firm can also help learn the differences between these claims from lawsuit awards as well as VA claims.
Settlements
A settlement is a contract between a plaintiff and an asbestos company. It is the end of the case. Settlements can be reached prior to or during a trial. Plaintiffs may choose to accept, counter or reject any offer. A mesothelioma lawyer is able to review any settlement offer for fairness. Victims should not accept any settlement until they fully understand the compensation that will be given. The amount of the settlement may influence future expenses, such as medical treatment, travel and lost wages.
Asbestos litigation can last for years and involve extensive legal research and thorough medical and employment documents. Attorneys will try to prove asbestos companies were aware of the dangers but did not warn their employees. Asbestos defendants settle their cases to avoid losing in front of an impartial jury. An attorney with a high rating who is specialized in mesothelioma can use their experience in negotiating asbestos settlements, to determine the potential settlements for each case.
Patients suffering from mesothelioma typically require financial assistance. Health insurance typically only covers the cost of treatment and many patients face substantial out-of-pocket expenses. Workers' compensation is another option to assist. Mesothelioma attorneys can examine insurance policies and other documentation to determine eligibility for these benefits.
Settlement amounts can vary widely dependent on the severity of the victim's condition and the extent of their exposure. The compensation offered to mesothelioma patients may include compensation for past and future pain and suffering, the loss of enjoyment of life's pleasures and lost income.
Families of loved ones who have died from mesothelioma, or other asbestos-related diseases may be entitled to compensation under an insurance policy. This type of claim requires the proper documentation, including death certificates and policy documents. Attorneys can help families and victims claim compensation by looking over the options available. Mesothelioma, along with other asbestos-related illnesses can have devastating effects on patients and their families. Dreyer Boyajian LLP's asbestos attorneys have helped clients obtain multi-million dollar settlements in variety of complicated cases. Contact our New York office to schedule an appointment in confidence with one of our skilled lawyers.
Trials
Asbestos companies are aware that they have a high risk of being found liable for lawsuits filed by victims of asbestos-related diseases. Instead of facing the possibility for large verdicts asbestos defendants frequently opt to settle cases. A mesothelioma lawyer can help victims consider the pros and cons between pursuing the possibility of a lawsuit or accepting a settlement.
A mesothelioma attorney can gather information about an individual's asbestos exposure history, and can identify the responsible companies or products. Multiple defendants are involved in certain asbestos cases due to the fact that asbestos exposure is usually a result of a variety of sources.
A mesothelioma lawyer can prove, during settlement negotiations, that the asbestos company was negligent in not warning about the risks associated with their products. The victim's medical records will be used to establish a connection between exposure and the mesothelioma diagnose.
If a mesothelioma patient accepts a settlement offer the companies involved will stop any negotiations and will pay a sum of money that is guaranteed to the victim. Settlements can be a good solution for those not able to wait until end of a trial. Keep in asbestos claims law mind that settlements can change as the court considers evidence and hears arguments from both parties.
A judge or jury decides if the business is liable for asbestos and how much they must pay. Trials can last from just a few days to months. The result of a trial will depend on the strength of the evidence and the skills of the lawyers representing both sides.
Many asbestos lawyers will advise their client to accept a settlement as it is the fastest way to receive compensation. A mesothelioma lawyer will look into all legal options in order to maximize compensation for the victim. In certain situations, it is better to go through with a trial in order to get a higher verdict. In this instance the lawyer representing the victim might argue for the lifting of the corporate veil and expose the parent company to liability in addition to the subsidiary.
Statute of limitations
One of the most important factors that can affect an asbestos lawsuit is the statute of limitations, which set an amount of time for the time a person can file a claim or lawsuit. The deadline varies from state to state, and victims should be aware of the laws in their jurisdiction. If you're worried that your time-limit has expired, contact a qualified asbestos attorney right away. 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.
Many states have the "discovery rule" that says the statute of limitations doesn't begin until the illness is identified. Since mesothelioma and asbestos-related diseases take years to manifest, this could complicate cases.
Many states have different statutes of limitations for personal injury and wrongful death claims. Personal injury suits are filed primarily by living individuals who adhere to the statutes of limitation established by their home state. The family members of a deceased person may bring a wrongful death lawsuit. These cases are governed under the laws of the state in which the decedent resided at the time of his death.
Another factor that could influence the statute of limitations is where the victim was employed or lived. If a person has been exposed to multiple places or has developed multiple diseases, then the applicable law may be determined by the location where the most exposure occurred or where the diagnosis was made. This can be a problem for those who relocated to another state or were diagnosed after the statute of limitation in their home state had expired.
In certain cases the deadline for filing a statutory claim may be extended by special circumstances or by court or court order. This is not a common occurrence. If you have a serious health issue such as mesothelioma you must make an asbestos lawsuit or mesothelioma lawsuit as soon as you can in order to safeguard your rights. Contact a qualified asbestos attorney immediately to ensure that you don't lose the chance to receive compensation. The attorneys at Dreyer Boyajian LLP have achieved multi-million-dollar results in numerous complicated cases involving exposure to hazardous substances.