Don't Buy Into These "Trends" About Asbestos Claims

Estate Claims and Asbestos Claims Law

If someone dies from an asbestos-related illness the family could be entitled to financial compensation. This compensation may help cover funeral expenses as well as medical expenses.

Many companies that manufactured asbestos-containing products have filed for bankruptcy, creating large funds to pay victims. However, these funds have been drained, and settlement amounts are being cut off.

Bankruptcy Trusts

As asbestos became more well-known as a risk to health, companies that produced and used it were faced with a flood of lawsuits filed by victims. Many of these companies filed for Chapter 11 bankruptcy in order to protect themselves against further liability. They were ordered by courts to set aside money into trusts to cover future claims. Trusts manage future litigation rather than the reorganized business. A trustee oversees the asbestos lawsuits trusts, overseeing the claims process and making sure that there is enough money available to pay asbestos victims.

However, the secrecy of these trusts has facilitated fraudulent asbestos claims payouts. Research has discovered that trusts paid the majority of claims and 37 percent of settlements went to individuals who did not suffer from malignant asbestos injuries. In addition, a recent court ruling in the United States bankruptcy case In re Garlock Sealing Technologies LLC cited a "significant pattern of false representation" by asbestos lawyers and claimants as well as evidence, such as the identification of the product being concealed.

An attorney for mesothelioma can assist you in choosing the asbestos attorney trust that is most suitable for your claim. Each asbestos trust sets its own standards for determining eligibility, which include the proof of diagnosis and work history. You must also provide the doctor's confirmation that your illness is a result of asbestos exposure. Your attorney will ensure your asbestos trust file is in compliance with all of these requirements, as well as gathering additional evidence to support your claim.

In some cases an attorney may be able to make a claim for 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 qualify for a claim that is expedited, you must meet the requirements outlined on the asbestos trust's website. These include meeting specific medical and employment requirements and having a doctor's statement that indicates you suffer from an asbestos-related disease.

The process of claiming asbestos trust benefits is complex and should only be handled by a mesothelioma lawyer with expertise. Dreyer Boyajian LLP will help you navigate the rules and regulations that govern asbestos trusts to ensure you are able to receive the amount of compensation to which you are entitled. The firm can help understand the differences between these claims and VA claims, as well as the different types of lawsuits.

Settlements

A settlement is a contract between the plaintiff and an asbestos company to settle the lawsuit. Settlements can be reached prior to or even after an investigation. Plaintiffs can accept, counter or reject any offer. A mesothelioma attorney will review any settlement to ensure it is fair. Victims should not sign any settlement until they fully know the amount to be given. The amount of a settlement can influence future expenses, such as medical care, travel and lost wages.

asbestos attorneys litigation is a lengthy process that requires extensive legal research, in-depth medical records and employment records. Lawyers will try to prove that asbestos companies were aware of the dangers associated with their products and failed to warn workers. Asbestos defendants settle to avoid losing before a juror from the company's side. A mesothelioma lawyer with a high rating can use his or her experience in negotiating asbestos settlements determine the possible payouts for each individual case.

Patients with mesothelioma often need financial aid. Most health insurance policies only cover a portion of treatment costs. This means that many patients face significant out of pocket expenses. Workers' compensation is another option to offer assistance. Mesothelioma attorneys can review the policies of insurance and other documentation to determine if they are eligible for these benefits.

Settlement amounts can vary widely according to the severity of the victim's condition and the extent to which they are exposed. Compensation awarded to mesothelioma patients can include damages for future and past suffering and pain, loss of enjoyment of life's pleasures and income loss.

Family relatives of loved ones who died from mesothelioma or any asbestos-related diseases may be eligible to receive compensation from a life insurance policy. Documentation is required for this kind of claim, which includes death certificates and policy documentation. Attorneys can review the options available and assist victims and their families make claims. Mesothelioma and asbestos-related diseases and their consequences 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 a variety of complex cases. Contact our New York office today to arrange a confidential meeting with one of our skilled lawyers.

Trials

Asbestos companies know that they are at a high likelihood of being found to be responsible in lawsuits brought by victims who have been diagnosed with an asbestos-related disease. Instead of facing the possibility for large verdicts asbestos defendants often opt to settle cases. A mesothelioma lawyer can assist patients consider the pros and cons between taking on the possibility of a lawsuit or settling.

A mesothelioma lawyer can collect information on a victim's asbestos exposure history and identify the responsible companies or products. Multiple defendants can be involved in certain asbestos cases due to the fact that asbestos exposure is usually the result of many sources.

During settlement discussions, a mesothelioma law firm can prove that the asbestos firm's negligence caused the asbestos-related disease by not adequately educating its customers about the dangers of its products. The victim's medical record will be used to prove the link between exposure and mesothelioma.

Once a mesothelioma claimant accepts a settlement, the companies involved in the case will stop negotiations and provide a guaranteed sum of money for the victim. Settlements are an excellent option for victims who cannot afford to wait for the result of the trial. It is important to note that settlements may change as the court processes evidence and hears arguments from both sides.

A trial involving asbestos involves the jury or judge to decide if a company is liable and how much it has to pay. Trials can last from a few days to several months. The outcome of a trial is contingent on the strength of the evidence and the skills of the lawyers on both sides.

Many asbestos lawyers will advise their client to settle for a settlement since it is the fastest method of receiving compensation. An asbestos attorney will research all legal options in order to maximize the amount of compensation received by the victim. In some cases it might be more beneficial to pursue a trial and hope for a bigger verdict. In this case the lawyer for the victim would 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 things that could affect an asbestos lawsuit is the statute of limitations, which set an amount of time for how long a person has to make a claim or file a lawsuit. The deadline varies from state to state, and victims should be familiar with the laws in their jurisdiction. Contact an asbestos lawyer right away if you're worried that your statute of limitation has run out. They can assist you in determining whether there are any exceptions, exemptions, or unique circumstances that could prolong the statute of limitations.

Most states have a "discovery rule" that states that the statute of limitations does not begin until the illness is identified. Because mesothelioma and other asbestos-related diseases take years to manifest, this could make cases more complicated.

There are a variety of states that have different statutes of limitation for personal injury and wrongful death lawsuits. Personal injury suits are filed by living people and typically comply with the statute of limitation that is set by the state in which they reside. The lawsuits for wrongful death are filed by the relatives of deceased persons and are controlled by the laws of the state where they reside at the time of the deceased's death.

Another factor that could impact the statute of limitation is the place where the victim lived or worked. If a person has been exposed to multiple places or has developed multiple ailments, then the applicable law will be determined by the area where the most exposure occurred or the place where the diagnosis was made. This could create problems for those who have relocated to a new state or were diagnosed after the statute of limitations was passed in their home state.

In certain instances the filing deadline may be extended in certain circumstances or by court order. This is a rare. If you suffer from a serious medical condition such as mesothelioma you must start an asbestos lawsuit or mesothelioma claim as soon as you can to secure your rights. Contact an asbestos lawyer who is experienced immediately to ensure that you don't miss out on the chance to be compensated. The attorneys at Dreyer Boyajian LLP have achieved multi-million-dollar outcomes in a variety of complex cases involving hazardous exposure.