Estate Claims and Asbestos Claims Law
If a person dies of asbestos-related illnesses, their family can make an estate claim and receive financial compensation. This compensation could assist in paying funeral costs and any medical bills left.
Many companies that produced asbestos-containing products have filed for bankruptcy, generating huge funds to pay victims. These funds have been drained, however the settlement amounts have required rationing.
Bankruptcy Trusts
As asbestos' health risks were recognized companies that made and used asbestos were slapped with massive lawsuits from those who were affected. Many of these companies filed Chapter 11 bankruptcy to protect themselves from further risk of liability. They were compelled by the courts to set aside money into trusts to cover future claims. These trusts handle future litigation rather than the newly reorganized company. A trustee oversees the asbestos trusts, overseeing the claims process and ensuring that there is enough money to pay asbestos victims.
The secrecy surrounding these trusts has allowed for fraudulent asbestos claims to be paid. In one study, researchers found that those who did not suffer from malignant asbestos injuries accounted for 86 per cent of claims settled by trusts, and 37 percent of all settlements. A recent court ruling in the United States bankruptcy case In re Garlock Sealing Technologies LLC cited a "significant pattern of deception" by asbestos lawyers and claimants, with key evidence, such as the identification of the product being concealed.
A mesothelioma lawyer can help you select the most suitable asbestos trust for your case. Each trust has its own standards to determine eligibility, which includes evidence of diagnosis and the history of your work. You must also provide the confirmation of your doctor that you health issue is caused by asbestos exposure. Your attorney will ensure your asbestos trust file meets all of these specifications, as well as gathering additional evidence to strengthen your claim.
In certain cases, your attorney may submit an asbestos trust claim that is expedited on behalf of you. These claims are processed quicker than others and allow for a higher compensation award. You must meet certain criteria that are listed on the website of the asbestos trust to be eligible for an expedited application. You must satisfy certain medical and employment requirements, as well as possess an official medical note that states you suffer from an asbestos-related condition.
The process of claiming asbestos trust benefits is complex and should be handled by a mesothelioma lawyer who has years of experience. Dreyer Boyajian LLP will help you navigate the rules and regulations that govern asbestos trusts so that you get the amount of compensation to which you are entitled. The firm can help you understand the differences between these claims and VA claims as well as settlements awarded to lawsuits.
Settlements
A settlement is an agreement between the plaintiff and an asbestos company to settle a lawsuit. It may occur prior to or during an investigation. Plaintiffs may accept, decline or oppose any offer. A mesothelioma attorney can scrutinize any settlement to ensure it is fair. However, victims should not agree to any settlement without having a complete understanding of the amount they will receive. The amount of a settlement can impact future expenses, such as medical treatment, travel and lost wages.
Asbestos litigation can last for years and require extensive legal research and detailed medical and employment documents. Attorneys will attempt to prove that asbestos companies were aware of the dangers and did not adequately warn their employees. Asbestos defendants settle to avoid losing in front of a juror from the company's side. An attorney with a high rating who is specialized in mesothelioma could utilize their knowledge in negotiating asbestos settlements, to determine the potential settlements in each case.
Knoxville asbestos lawsuits need help with financial expenses. Most health insurance policies only cover a portion of the treatment expenses. This means that many patients face significant out of pocket costs. Workers' compensation is an additional option to help. Mesothelioma lawyers can look over the policies of insurance companies to determine if they qualify.
Settlement amounts vary dependent on the severity of the patient's illness and the extent of their exposure. The amount of compensation awarded to mesothelioma sufferers may include compensation for future and past suffering and pain, loss of pleasures in life and lost income.
Families of loved ones who have died from mesothelioma, or any other asbestos-related diseases may be entitled to compensation under a pre-established insurance policy. Documentation is required for this type of claim, which includes death certificates and policy documentation. Attorneys can assist victims and families claim compensation by looking over the options available. Mesothelioma, asbestos-related illnesses and their effects can be devastating for patients and their families. Dreyer Boyajian's asbestos lawyers have helped clients achieve multi-million dollar settlements in a variety of complicated cases. Contact our New York office today to set up a free consultation with one of our knowledgeable lawyers.
Trials
Asbestos companies are aware that they run a high-risk of being found liable for lawsuits brought by victims of asbestos-related diseases. Instead of facing the possibility for large verdicts, many asbestos defendants choose to settle cases. A knowledgeable mesothelioma attorney can assist victims in understanding the advantages and disadvantages of going to a trial or accepting a settlement.
A mesothelioma lawyer will gather information regarding a person's exposure history and pinpoint the asbestos-related products or companies that are responsible. Some asbestos cases involve multiple defendants because the asbestos exposure of a person usually comes from many sources.
A mesothelioma lawyer can demonstrate, during settlement negotiations, that asbestos was negligent in not warning of the risks associated with their products. The medical records of the victim will also serve as evidence to prove the connection between exposure and mesothelioma diagnosis.
If a mesothelioma patient accepts a settlement, the parties involved in the case will stop negotiations and offer a guaranteed amount of money to the victim. Settlements are an excellent option for victims who cannot afford to wait for the decision of an appeal. It is important to remember that settlements can alter as the court reviews evidence and hears arguments from both sides.
An asbestos trial involves the jury or judge deciding if a company is liable and what amount it is required to pay. Trials can take anywhere from just a few days to months. The outcome of a trial in court depends on both the quality of the evidence and the ability of the lawyers on both sides.
Many asbestos lawyers will advise their client to settle a case as it is the quickest way to get compensation. However, a seasoned mesothelioma lawyer will investigate all legal options to ensure that the victim receives the maximum amount of compensation. In some instances, it may be more beneficial to pursue the trial and hope for a bigger verdict. In this instance, the victim's lawyer might argue for lifting the corporate veil, exposing the parent company to liability in addition to the subsidiary.
Statute of Limitations
One of the most important factors that can impact an asbestos lawsuit is the statute of limitations, which imposes the time frame for how long someone can start a lawsuit or claim. This deadline varies by state, and the plaintiffs need to be aware of the law in their state. Contact an asbestos lawyer immediately in case you're concerned that your time limit is over. They can help you determine whether there are any exceptions, exemptions or specific situational circumstances that may extend the time frame for filing your statutory claim.
In the majority of states the statute of limitations does not start when an illness is first diagnosed. This is made more difficult due to the fact that mesothelioma and other asbestos-related diseases, take decades to manifest.
There are a variety of states that have different statutes for personal injury and wrongful death claims. Personal injury lawsuits are usually filed by living persons, who follow the statutes of limitations imposed by their home state. The family members of a deceased individual can bring a wrongful death lawsuit. These cases are governed under the laws of the state where the deceased resided at the time of his death.
The location of the victim's employment or residence could also affect the statute. If the person was exposed to multiple locations or suffered from multiple illnesses the law that applies to them may be determined by the place where the bulk of exposure occurred or from where they were diagnosed. This can create issues for people who have moved to a new state, or were diagnosed after the statute of limitations passed in their home state.
In some cases the filing deadline may be extended by special circumstances or by court or court order. This is rare. If you suffer from a severe health issue such as mesothelioma you should file an asbestos lawsuit or mesothelioma lawsuit as soon as possible to protect your rights. Get in touch with an asbestos attorney immediately to ensure that you do not miss out on the chance to be compensated. The lawyers at Dreyer Boyajian LLP achieved multi-million dollar results in numerous complicated cases involving hazardous exposure.
