Estate Claims and Asbestos Claims Law
If a person dies of asbestos-related illnesses their family members can make an estate claim and receive financial compensation. This compensation will help pay for funeral costs and any remaining medical bills.
Many companies that manufactured asbestos-containing products have filed for bankruptcy, generating huge funds to compensate victims. However the funds have been drained, and settlement amounts are currently being rationed.
Bankruptcy Trusts
As the health risks associated with asbestos were recognized companies that used and manufactured asbestos faced huge lawsuits from those who were affected. Many of these companies opted to enter Chapter 11 bankruptcy to protect themselves from any further liability. They were compelled by the courts to save money in trusts for future claims. Trusts will handle future litigation, not the reorganized firm. A trustee oversees the asbestos claims process and ensures there is enough cash to pay the asbestos victims.
The secretive nature of trusts has allowed fraudulent asbestos claims to be paid out. Researchers found that trusts paid out the majority of claims and 37 percent of settlements went to individuals who did not have asbestos lawyer-related malignancies. In addition, a recent court decision in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted a "significant pattern" of fraud by asbestos claimants and law firms. The most important evidence, like product identification, was concealed.
A mesothelioma lawyer can assist you select the most suitable asbestos trust for your case. Each trust has its own criteria to determine eligibility, which includes the proof of diagnosis and work history. You must also submit a doctor's statement confirming your condition is caused by asbestos exposure. Your attorney will make sure that your asbestos trust document meets all of these specifications, as well as gathering additional evidence to strengthen your claim.
In some instances an attorney may be able to make a claim for asbestos trust expedited on your behalf. These claims are processed faster than other claims and allow for a larger compensation award. To qualify for an expedited claim, you must meet the requirements set out on the asbestos lawyer trust's website. You must satisfy certain medical and employment requirements, as well as possess a doctor's note indicating that you suffer from an asbestos-related illness.
The asbestos trust claims process can be complicated and should be handled by a seasoned mesothelioma attorney. Dreyer Boyajian LLP will help you navigate the rules and regulations governing asbestos trusts to ensure you are able to receive the amount of compensation to which you're entitled. The firm can also help you learn how these claims are different from lawsuit awards and VA claims.
Settlements
A settlement is a contract between a plaintiff and an asbestos company. It is the end of the lawsuit. It could occur prior to or after the trial. Plaintiffs can accept, reject or oppose any offer. An attorney for mesothelioma will review any settlement to ensure that it is fair. Victims should not sign any settlement until they fully understand the compensation that will be paid. The amount of the settlement may influence future expenses, such as medical expenses, travel costs and lost wages.
Asbestos litigation can be a lengthy process that requires extensive legal research, in-depth medical records and employment records. Attorneys will attempt to prove asbestos companies were aware of the dangers of their products, but did not warn workers. Asbestos defendants usually settle in order to avoid losing to a jury that favors the company. A mesothelioma lawyer with a high rating can use his or her expertise in negotiating asbestos settlements to determine possible settlements for each case.
Patients with mesothelioma are often in need of financial assistance. Health insurance typically only covers a portion of treatment costs and many patients face substantial out-of-pocket expenses. Workers' compensation is another option to assist. Mesothelioma lawyers can look over the policies of insurance and other documentation to determine eligibility for these benefits.
Based on the extent of exposure a victim is exposed to and the severity of their condition the amount of settlements may vary widely. The amount of compensation awarded to mesothelioma sufferers may include damages for past and future suffering and pain, loss of pleasures of life and income loss.
Family members of loved ones who have died from mesothelioma, or any other asbestos-related diseases may be eligible for compensation under a pre-established insurance policy. Documentation is required for this type of claim, such as death certificates and policy documentation. Attorneys can assist families and victims to file claims by examining the options available. Mesothelioma and asbestos-related diseases and their consequences can be devastating for patients and their loved ones. Dreyer Boyajian LLP's asbestos attorneys have helped clients obtain multi-million-dollar settlements in a range of complex cases. Contact our New York office today to arrange a confidential meeting with one of our experienced lawyers.
Trials
Asbestos companies know that they face a high chance of being held liable in lawsuits filed by victims who have been diagnosed with an asbestos-related illness. Many asbestos defendants settle cases instead of risk a large verdict. A mesothelioma lawyer will help patients decide on the pros and cons of pursuing an action or settling.
A mesothelioma lawyer can collect information regarding a person's exposure history and determine the asbestos-related companies or products that are accountable. Multiple defendants can be involved in certain asbestos cases since exposure to asbestos is often a result of a variety sources.
A mesothelioma lawyer can demonstrate in settlement negotiations that asbestos companies were negligent in not warning of the dangers associated with their products. The medical record of the victim can also be used to prove the connection between exposure and mesothelioma.
When a mesothelioma sufferer accepts a settlement offer the companies involved will stop any negotiations and will pay a certain amount that is guaranteed to the victim. Settlements are an excellent alternative for those who can't afford to wait for the outcome of an appeal. Be aware that settlement offers may be altered as the court reviews evidence and hears arguments from both sides.
A jury or judge decides if the business is liable 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 depends on the strength of the evidence as well as the ability of the lawyers for the opposing side.
Many asbestos attorneys will suggest to their clients to accept a settlement because it is a faster method of obtaining compensation for losses and injuries. An asbestos attorney will research all legal options to maximize the compensation offered to the victim. In certain situations it could be more beneficial to go through a trial and hope for 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
The statute of limitations is one of the most significant aspects that can impact an asbestos lawsuit. It establishes a timeframe for when a person can file a lawsuit or claim. The deadline varies by state and victims should be familiar with the laws that apply to them. If you're worried that your deadline for filing has passed, contact a qualified asbestos attorney immediately. They can assist you in determining whether there are any exemptions, exceptions or special circumstances that could prolong the statutory filing period.
In the majority of states the statute of limitations does not begin when an illness is first diagnosed. This is made more difficult because mesothelioma and other asbestos-related diseases take a long time to become apparent.
There are a variety of states that have different statutes for personal injury and wrongful deaths claims. Personal injury suits are usually filed by living persons who adhere to the statutes of limitations established by their home states. The family 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 lived at the time of his death.
Another aspect that could influence the statute of limitations is the location where the victim lived or worked. If the person was exposed to more than one location or suffered from multiple illnesses the law that applies to them may be determined by the location where the majority of exposure occurred or from where they were diagnosed. This can be a problem for people who moved to a different state or were diagnosed after the statute of limitation in the state they resided in was over.
In certain instances the filing deadline may be extended in certain circumstances or a court or court order. This is not a common occurrence. If you have a serious health condition like mesothelioma, you need to make an asbestos lawsuit or mesothelioma claim as soon as possible to protect your rights. Get in touch with an asbestos attorney immediately to ensure that you do not be denied the opportunity to be awarded compensation. The attorneys at Dreyer Boyajian LLP have achieved multi-million-dollar results in numerous complicated cases involving exposure to hazardous substances.