Estate Claims and Asbestos Claims Law
When a person dies from asbestos-related illness their family members can file a claim for estate and receive financial compensation. This compensation will be used to pay funeral costs as well as any remaining medical bills.
Many companies that manufactured asbestos-containing products filed for bankruptcy. This led to huge amounts of money to compensate the victims. However, these funds have been drained, and settlement amounts are currently being reduced.
Bankruptcy Trusts
As asbestos' health risks became more well-known companies that manufactured and used asbestos were slapped with massive lawsuits from those who were affected. Many of these companies filed for Chapter 11 bankruptcy in order to shield themselves from any further liability. The courts ordered them to put funds aside in trusts for future claims. Trusts will handle future litigation, not the reorganized firm. A trustee oversees the asbestos claims process, and ensures that there's enough cash to pay asbestos victims.
However, the secrecy of trusts has led to fraudulent asbestos claim settlements. The study found that trusts paid out 86 percent of claims and 37 percent of settlements went to people who didn't have asbestos-related cancers. In addition a recent decision by a court in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted a "significant pattern" of false representations by asbestos attorneys claimants and law firms. Key evidence, like the identity of the product was concealed.
A mesothelioma lawyer can assist you determine the most appropriate asbestos trust to file your claim. Each asbestos trust has its own set of criteria to determine eligibility, such as proof of diagnosis and employment background. You should also submit the confirmation of your doctor that your condition is due to asbestos exposure. Your attorney will ensure that your asbestos trust file is in compliance with all of these requirements and will also gather additional evidence to back up your claim.
In certain cases, an attorney can submit a claim to asbestos trust expedited on your behalf. These claims are processed more quickly than other claims, and permit a higher compensation award. You must meet certain requirements that are listed on the website of the asbestos trust in order to be eligible for an expedited claim. You must meet certain medical and employment requirements as well as have a doctor's note indicating that you are suffering from an asbestos-related disease.
The process of claiming asbestos trust benefits 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 that govern asbestos trusts to ensure you get the compensation to which you're entitled. The firm can also assist you to understand the differences between these claims from both lawsuit awards and VA claims.
Settlements
A settlement is a deal between a plaintiff and the asbestos company. It ends the lawsuit. It can occur before or during a trial. Plaintiffs may choose to accept, counter or reject any offer. An attorney for mesothelioma will review any settlement to ensure it is fair. Victims should never accept any settlement unless they completely understand the compensation that will be received. The amount of the settlement may affect future expenses, including medical expenses, travel costs and lost wages.
Asbestos litigation is a long process that requires an extensive legal investigation, thorough medical documents and employment records. Attorneys will work to show that asbestos companies knew about the dangers associated with their products and failed to warn workers. Asbestos defendants settle their cases to avoid losing before a juror from the company's side. A mesothelioma lawyer with a high rating can draw on their expertise in negotiating asbestos settlements to determine possible settlements for each particular case.
Mesothelioma patients often need help with expenses incurred by the patient. The majority of health insurance policies cover a portion of the treatment expenses. This means that many patients face significant out of pocket costs. Workers' compensation is a different option to help. Mesothelioma lawyers can look over insurance policies to determine eligibility.
Based on the extent of a patient's exposure as well as the severity of their illness, settlement amounts may vary widely. The compensation offered to mesothelioma patients may include damages for past and future suffering and pain, loss of pleasures of life and income loss.
Families of loved ones who passed away from mesothelioma or other asbestos-related diseases may be eligible for compensation under an insurance policy. This kind of claim requires proper documentation, such as death certificates and policy documents. Attorneys can assist families and victims to file claims by examining the options available. Mesothelioma, asbestos-related diseases and their effects can be devastating to patients and their families. Dreyer Boyajian LLP's asbestos lawyers have helped clients achieve multi-million-dollar settlements in a variety of complicated cases. Contact our New York office to schedule an appointment in confidence with one of our knowledgeable attorneys.
Trials
Asbestos firms are aware that they have a high risk of being found liable for lawsuits filed by asbestos-related disease victims. Instead of facing the possibility for a large amount of money in a verdict, many asbestos defendants choose to settle their cases. A mesothelioma lawyer can assist victims weigh the pros and cons of taking on a lawsuit or settling.
A mesothelioma lawyer can collect information regarding a person's exposure history and determine the asbestos-related products or companies that are responsible. Certain asbestos cases involve multiple defendants because a person's asbestos exposure typically stems from many sources.
In settlement negotiations, a mesothelioma law firm can establish that the asbestos company's negligence caused the asbestos-related disease by not adequately warning about the risks associated with its products. The medical records of the victim will be used to prove the connection between exposure and mesothelioma.
If a mesothelioma patient accepts a settlement, the companies involved will stop any negotiations and will pay a lump sum that is assured to the victim. Settlements are a great option for victims who cannot afford to wait for the decision of the trial. It is important to keep in mind that settlements can change as the court processes evidence and hears arguments from both sides.
A jury or judge decides if a company is responsible for asbestos and how much they must pay. Trials can last between a few days to a few months. The outcome of a court trial is contingent on the strength of the evidence and the skill of the attorneys on both sides.
Many asbestos attorneys will suggest to their clients to accept an agreement because it is a quicker method of obtaining compensation for losses and injuries. 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 best to go through with trial to obtain a better verdict. In this instance, the lawyer representing the victim would argue that the corporate veil needs to be removed and the parent company should be held accountable together with the subsidiary.
Statute of limitations
One of the most important things that could affect an asbestos lawsuit is the statute of limitations, which set a time limit on how long someone can make a claim or file a lawsuit. The deadline for filing a claim can differ by state and victims should be familiar with the laws that apply to them. If you are concerned that your time-limit has expired or is approaching an asbestos lawyer right away. They can assist you in determining whether there are exceptions, exemptions or specific situations that could prolong your filing deadline.
Many states have an "discovery rule" which states that the time limit for filing a claim doesn't start until the disease is recognized. This can be complicated because mesothelioma, as well as other asbestos-related diseases, take decades to manifest.
Many states have different statutes for personal injury and wrongful death claims. Personal injury lawsuits are filed primarily by living individuals who are bound by the statutes of limitation established by their home states. The family members of a deceased person may make a claim for wrongful death. These cases are governed by the laws of the state in which 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 victim was exposed in multiple locations or developed multiple diseases the law that applies to them may be determined by the place where the bulk of their exposure occurred or where they were diagnosed. This could cause problems for those who have relocated to a different state or were diagnosed after the statute of limitations passed in their home state.
In certain cases, the deadline for filing a statutory claim may be extended due to specific circumstances or an order from a court. This is rare. If you have a serious medical condition such as mesothelioma you need to file an asbestos lawsuit or mesothelioma claim as soon as possible to protect your rights. To ensure you don't miss your opportunity to receive compensation to cover your medical expenses, consult a certified asbestos lawyer right away. The attorneys at Dreyer Boyajian LLP achieved multi-million dollar results in numerous complex cases involving hazardous exposure.