The 10 Most Scariest Things About Asbestos Claims

Estate Claims and Asbestos Claims Law

If a person dies from an asbestos-related illness, their family may be entitled to financial compensation. This compensation can be used to pay funeral costs as well as any medical bills left.

Many companies that manufactured asbestos-containing products have filed for bankruptcy, generating huge funds to compensate victims. The funds have been drained however the settlement amounts have had to be rationed.

Bankruptcy Trusts

As asbestos became more widely known as a health risk, companies that made and used it were slapped with a flurry of lawsuits from victims. Many of these companies filed for Chapter 11 bankruptcy in order to protect themselves against future liability. They were ordered by courts to put money in trusts for future claims. Trusts manage future litigation and not the newly reorganized company. A trustee oversees the asbestos claims process and ensures there is enough money to pay the asbestos victims.

However the secrecy surrounding trusts has enabled fraudulent asbestos claim settlements. In one study, researchers found that asbestos-related malignant injuries made up 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 cited an "significant pattern of misrepresentation" by asbestos plaintiffs and law firms, with key evidence such as product identification being hidden.

A mesothelioma lawyer can help you determine the most appropriate asbestos trust for your claim. Each asbestos trust has its own criteria to determine eligibility, such as evidence of diagnosis and employment history. You must also provide the doctor's confirmation that your health issue is caused by asbestos exposure. Your attorney will make sure that your asbestos trust file is compliant with all of these requirements and gather additional evidence to back up your claim.

In some instances an attorney can submit a claim to asbestos trust expedited on your behalf. These claims are processed quicker than others and allow for the award of a larger amount of compensation. To be eligible for an expedited claim you must meet a set of criteria set out on the asbestos trust's website. These include meeting certain medical and employment requirements and having a doctor's note indicating you have an asbestos-related condition.

The asbestos trust claims process is complex and should be handled by a seasoned mesothelioma lawyer. Dreyer Boyajian LLP will help you navigate the rules and regulations governing asbestos trusts to ensure that you receive the compensation to which you are entitled. The firm can also help understand how these claims are different from both lawsuit awards and VA claims.

Settlements

A settlement is a deal between a plaintiff and an asbestos company. It is the end of a lawsuit. Settlements can be reached prior to or during the trial. Plaintiffs are able to accept, deny or oppose any offer. A mesothelioma lawyer is able to evaluate any settlement offer to determine fairness. However, patients must not sign any settlement without having a complete understanding of the amount they will receive. The amount of a settlement could affect future expenses, including medical treatment, travel and lost wages.

Asbestos litigation can take years and requires extensive legal research and detailed medical and employment documents. Attorneys will attempt to prove that asbestos companies were aware of the dangers associated with their products and failed to warn workers. Asbestos defendants typically settle to avoid losing to a pro-company jury. An attorney with the highest rating for mesothelioma will use their experience negotiating asbestos settlements to determine the possible payouts for each individual case.

Patients with mesothelioma are often in need of financial assistance. Health insurance typically covers only some of the costs associated with treatment, leaving many patients with significant out-of-pocket expenses. Workers' compensation is a different option for help. Mesothelioma lawyers can examine insurance policies to determine if they are eligible.

Depending on the extent of a patient's exposure as well as the severity of their illness the amount of settlements can vary greatly. The compensation offered to mesothelioma patients may include compensation for past and future suffering and pain, loss of pleasures in life and lost income.

Family relatives of loved ones who have passed away from mesothelioma or other asbestos-related diseases may be eligible for compensation from a pre-established life insurance policy. This type of claim requires proper documentation, including death certificates and policy documents. Attorneys can look over the available options and help victims and their families to file claims. Mesothelioma, asbestos-related diseases and their effects can be devastating to patients and their loved ones. Dreyer Boyajian LLP's asbestos attorneys have assisted clients in obtaining multi-million dollar settlements in variety of complex cases. Contact our New York office to schedule a confidential meeting with one of our knowledgeable attorneys.

Trials

asbestos lawsuits companies are aware that they run a significant likelihood of being found to be to be liable in lawsuits filed by victims who have been diagnosed with an asbestos-related disease. Many asbestos defendants settle cases rather than risk a large verdict. A mesothelioma lawyer can help victims consider the pros and cons between pursuing an action or settling.

A mesothelioma lawyer will gather information regarding a person's exposure history and pinpoint the asbestos-related companies or products that are accountable. Multiple defendants are involved in some asbestos cases due to the fact that asbestos exposure is often a result of many sources.

A mesothelioma lawyer can demonstrate, during settlement negotiations, that asbestos companies were negligent in failing to warn of the dangers associated with their products. The medical record of the victim can also be used to prove the link between exposure and mesothelioma.

Once a mesothelioma claimant accepts an agreement, the businesses involved in the case will cease negotiations and will provide a certain sum of money for the victim. Settlements can be a beneficial solution for victims who are not able to wait until the conclusion of a trial. It is important to note that settlement offers may be altered as the court processes evidence and hears arguments from both sides.

An asbestos trial is an impartial jury or judge in deciding if a business is liable and how much it must pay. Trials can last anywhere from a few days to a long time. The outcome of a court trial is contingent on both the strength of the evidence as well as the skill of the lawyers on both sides.

Many asbestos attorneys will suggest to their clients to accept an agreement because it is a quicker method of receiving compensation for injuries and losses. An asbestos attorney will research all legal options to maximize the amount of compensation received by a victim. In some cases, it may be more beneficial to go through the trial and hope for a higher verdict. In this case the lawyer for the victim might argue for lifting the corporate veil and expose the parent company to liability in addition to the subsidiary.

Statute of Limitations

One of the most important aspects that could affect an asbestos lawsuit is the statute of limitations, which sets the time frame for the time a person can make a claim or file a lawsuit. This deadline can vary from state to state, and victims should be familiar with the laws in their jurisdiction. If you're worried that your statute of limitations has expired and you are in need of a qualified asbestos attorney immediately. They can assist you in determining whether there are exemptions, exceptions or special case circumstances that could extend the time frame for filing your statutory claim.

In many states the statute of limitations does not start when an illness is first diagnosed. Since mesothelioma and asbestos-related illnesses take decades to manifest, this could make cases more complicated.

Many states have different statutes for personal injury and wrongful deaths claims. Personal injury lawsuits are filed primarily by living people, who follow the statutes of limitations established by their home state. Wrongful death suits are filed by the family of deceased persons, and these cases are controlled by the laws of the state where they reside at the time of the decedent's death.

The place of work or residence may also impact the statute. If the victim was exposed to multiple locations or suffered from multiple illnesses the law that applies to them may be determined by where most of their exposure occurred or where they were diagnosed. This can be a problem for those who relocated to a different state or were diagnosed after the statute of limitations in their home state was over.

In certain cases the filing deadline may be extended by special circumstances or by a court order. This is a rare. If you have a serious health condition like mesothelioma, you should file an asbestos lawsuit or mesothelioma lawsuit as soon as you can to secure your rights. Contact a qualified asbestos lawsuits attorney immediately to ensure that you don't miss out on the chance to be awarded compensation. The lawyers at Dreyer Boyajian LLP have achieved multi-million-dollar outcomes in a variety of complex cases involving hazardous exposure.