Estate Claims and Asbestos Claims Law

If a person passes away due to an asbestos-related illness, their family may be entitled to financial compensation. This compensation can be used to pay funeral expenses and any medical bills that remain.

Many companies that made asbestos-containing products declared bankruptcy. This resulted in huge funds to compensate the victims. However, these funds have been drained, and settlement amounts are now being rationed.

Bankruptcy Trusts

As asbestos became more widely known as a risk to health, companies that produced and used it were slapped with a flurry of lawsuits from victims. Many of these companies have filed for Chapter 11 bankruptcy in order to shield themselves from any further risk of liability. They were ordered by courts to set aside money into trusts to cover 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 surrounding these trusts has facilitated fraudulent asbestos claims payouts. In one study, researchers discovered that asbestos-related malignant injuries accounted for 86 percent of claims settled 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 noted a "significant pattern" of misrepresentation by asbestos claimants, and law firms. Key evidence, like the identification of the product, was not disclosed.

A mesothelioma attorney can assist you in selecting the asbestos trust that is most suitable for your claim. Each asbestos trust has its own set of criteria to determine eligibility, such as proof of diagnosis and employment background. You must also provide a doctor's note 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 support your claim.

In certain situations, your attorney may make an asbestos trust claim expedited on behalf of you. These claims are processed quicker than others and result in a higher compensation award. You must meet the requirements set out on the website of the asbestos trust to qualify for an expedited application. You must satisfy certain medical and employment requirements and also have an official medical note that states you are suffering from an asbestos-related disease.

The asbestos trust claims process is complicated and should be handled by an experienced mesothelioma lawyer. Dreyer Boyajian LLP will help you navigate the rules and regulations that govern asbestos trusts to ensure you receive the compensation to which you are entitled. The firm can help discern the distinctions between these claims and VA claims and lawsuit awards.

Settlements

A settlement is a contract between a plaintiff and an asbestos company to end a lawsuit. It may occur prior to or after a trial. Plaintiffs may accept or counter any offer. An attorney for mesothelioma can scrutinize any settlement to ensure that it is fair. Victims should not sign any settlement unless they completely understand the compensation that will be paid. The amount of a settlement could impact 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 documents and employment records. Attorneys will work to show that asbestos companies were aware of the dangers of their products and failed to warn workers. Asbestos defendants usually settle in order to keep from losing to a pro-company jury. A top-rated attorney who specializes in mesothelioma may utilize their knowledge in negotiating asbestos settlements to determine the potential settlements for each case.

Patients with mesothelioma are often in need of financial aid. Most health insurance policies only cover a small portion of treatment expenses. This leaves many patients with substantial out-of-pocket expenses. Workers' compensation can also assist. Mesothelioma lawyers can examine insurance policies to determine eligibility.

Depending on the extent of exposure a victim is exposed to and the severity of their condition the amount of settlement awarded can vary greatly. Compensation awarded to mesothelioma patients can include compensation for past and future suffering and pain, the loss of pleasures of life and income loss.

Families of loved ones who died from mesothelioma, or other asbestos-related illnesses, could 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 victims and families to file claims by examining the options available. Mesothelioma, along with other asbestos-related illnesses can have devastating effects on families of patients. Dreyer Boyajian LLP's asbestos attorneys have assisted clients in obtaining multi-million dollar settlements in range of complex cases. Contact our New York office to schedule an appointment with one of our experienced lawyers.

Trials

Asbestos companies know that they face a high likelihood of being found to be to be liable in lawsuits filed by victims who have been diagnosed with an asbestos-related condition. Many asbestos defendants settle cases rather than risk a substantial verdict. 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 collect information regarding a person's exposure history and identify which asbestos companies or products are accountable. Some asbestos cases involve multiple defendants because the exposure of a person to asbestos usually comes from many sources.

A mesothelioma lawyer will be able to prove that, in settlement negotiations, that asbestos was negligent in not advising of the risks associated with their products. The medical record of the victim can be used to prove the link between exposure and mesothelioma.

If a mesothelioma patient accepts an agreement, the businesses involved in the case will cease negotiations and will provide a certain amount of money to the victim. Settlements are an excellent option for those who cannot afford to wait for the outcome of an appeal. It is important to keep in mind that settlements can be altered as the court processes evidence and hears arguments from both sides.

A judge or jury decides if a company is responsible for asbestos and the amount they have to pay. Trials can take anywhere from a few days to several months. The outcome of a trial in court depends on both the strength of the evidence as well as the expertise of the lawyers for the opposing side.

Many asbestos lawyers will advise their client to settle for a settlement since it is the quickest method of receiving compensation. An asbestos attorney will research all legal options in order to maximize the amount of compensation received by a victim. In certain situations it could be more beneficial to pursue a trial and hope for a bigger verdict. In this instance, the victim's lawyer might argue for lifting the corporate veil and exposing the parent company to liability in addition to the subsidiary.

Statute of limitations

The statute of limitations is among the most important elements that can affect the outcome of a asbestos lawsuit. It sets a deadline for when someone can make a claim or lawsuit. The deadline for filing a claim varies from state to state, and plaintiffs have to be aware of the laws in their area. Contact an asbestos lawyer right away in case you're concerned that your statute of limitations has expired. They can assist you in determining whether there are any exceptions, exemptions or specific case circumstances that could extend the time frame for filing your statutory claim.

The majority of states have the "discovery rule" that states that the statute of limitations does not begin until the illness is identified. Since mesothelioma and asbestos-related diseases can take a long time to manifest, this can make cases more complicated.

Many states have different statutes for personal injury and wrongful deaths claims. Personal injury lawsuits are filed by people who are living and typically follow the statute of limitations that is set by the state in which they reside. The family members of a deceased person may bring a wrongful death lawsuit. These cases are governed by the laws of the state in which the deceased resided at the time of death.

Another aspect that could influence the statute of limitations is the location where the victim worked or lived. If the victim was exposed in more than one location or suffered from multiple illnesses the law applicable to them could be determined by the location where the majority of exposure occurred or from where they were diagnosed. This could create problems for people who have moved to a different state or were diagnosed after the statute of limitations expired in their home state.

In some cases the statutory filing deadline can be extended due particular circumstances or a court order. However, this is a rare. To ensure your rights, if suffer from a serious disease such as mesothelioma you should file a lawsuit against mesothelioma or asbestos as soon as you are able to. Contact a qualified asbestos attorney immediately to ensure that you don't be denied the opportunity to be compensated. The attorneys at Dreyer Boyajian LLP have achieved multi-million-dollar outcomes in a variety of complex cases involving hazardous exposure.