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 can help pay for funeral expenses and any remaining medical expenses.

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

Bankruptcy Trusts

As asbestos became more widely recognized as a health risk companies that produced and used it were slapped with a flood of lawsuits filed by victims. Many of these companies were forced to file for Chapter 11 bankruptcy in order to safeguard themselves from any further liability. The courts ordered them to put money aside in trusts for future claims. These trusts will handle future litigation, Asbestos Trust Claims not the newly 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. Research has discovered that trusts paid the majority of claims and 37 percent of settlements went to individuals who did not have asbestos-related cancers. In addition a recent court ruling in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted a "significant pattern" of misrepresentation by asbestos claimants, and law firms. Important evidence, such as product identification, was concealed.

An attorney for mesothelioma can assist you in choosing the asbestos trust that is the most suitable for your claim. Each trust has its own criteria to determine eligibility, which includes evidence of diagnosis and working history. It is also recommended to provide a medical certificate proving that your illness is caused by asbestos exposure. Your attorney will ensure that your asbestos trust file is compliant with all of these requirements and gather additional evidence to support your claim.

In certain situations the attorney you choose to use may submit an asbestos trust claim that is expedited on your behalf. These claims are processed faster than others, and they allow for a larger compensation award. You must meet the requirements listed on the website of the asbestos trust in order to be eligible for an expedited application. These include meeting specific health and employment requirements and having a medical certificate from a doctor that indicates you suffer from an asbestos-related illness.

The asbestos trust claims process can be complicated and should be handled by an experienced mesothelioma attorney. Dreyer Boyajian LLP will help you navigate the rules and regulations that govern asbestos trusts so that you get the compensation to which you're entitled. The firm can also help understand how these claims differ from lawsuit awards and VA claims.

Settlements

A settlement is an agreement between a plaintiff and an asbestos company to settle a lawsuit. It could occur prior to, during or after an investigation. Plaintiffs may choose to accept or counter any offer. A mesothelioma lawyer is able to review any settlement offer for fairness. However, victims should not accept any settlement without a full knowledge of the amount they will receive. The amount of a settlement could affect future expenses, including medical expenses, travel costs and lost wages.

Asbestos litigation can be a lengthy process that requires extensive legal research, detailed medical documents and employment records. Lawyers will try to prove that asbestos companies were aware of the dangers associated with their products but failed to warn workers. Asbestos defendants usually settle to avoid losing to a pro-company jury. An attorney with the highest rating for mesothelioma can use his or her expertise in negotiating asbestos settlements to determine possible payouts for each individual case.

Patients with mesothelioma often need financial aid. Health insurance typically only covers some of the costs associated with treatment and many patients face significant out-of-pocket expenses. Workers' compensation may also offer assistance. Mesothelioma lawyers can review 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 may vary widely. The compensation offered to mesothelioma patients may include damages for future and past pain and suffering, the loss of enjoyment of life's pleasures and income loss.

Family members of loved ones who have passed away from mesothelioma or any asbestos-related diseases may be eligible to receive compensation from a life insurance policy. Documentation is required for this type of claim, such as death certificates and policy documents. Attorneys can go over the available options and help victims and their families make claims. Mesothelioma, along with other asbestos-related illnesses can have a devastating impact on families of patients. Asbestos lawyers at Dreyer Boyajian LLP have achieved multi-million dollar results for clients in a range of complex cases. Contact our New York office to schedule a confidential meeting with one of our skilled lawyers.

Trials

Asbestos firms are aware that they are at risk of being found liable for lawsuits brought by asbestos-related disease victims. Instead of facing the possibility for large verdicts, many asbestos defendants choose to settle their cases. A knowledgeable mesothelioma attorney can assist victims to understand the advantages and disadvantages of pursuing a trial or accepting a settlement.

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

In 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 associated with its products. The victim's medical records will be used as evidence to prove a link between the exposure and mesothelioma diagnosis.

When a mesothelioma sufferer accepts a settlement offer, the companies involved will end all negotiations and pay a sum of money that is assured to the victim. Settlements can be a good option for those who are not able to wait until the conclusion of the trial. It is important to note that settlements can be altered as the court processes evidence and hears arguments from both sides.

A jury or judge decides if the business is liable for asbestos and the amount they are required to pay. Trials can last anywhere between a few days to a long time. 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 clients to settle a case as it is the quickest way to receive compensation. However, a knowledgeable mesothelioma lawyer will explore all legal options to ensure that a victim receives maximum compensation. In some instances it might be more beneficial to pursue the trial and hope for a higher verdict. In this instance, the attorney representing the victim will argue that the corporate veil should be removed and the parent company should be held accountable as well as the subsidiary.

Statute of limitations

The statute of limitations is one of the most significant aspects that can impact an asbestos lawsuit. It is the time frame for when someone can file a lawsuit or claim. The deadlines vary by state, and victims need to know the law in their area. Contact an asbestos lawyer immediately in case you're concerned that your statute of limitation has run out. They can help you determine whether there are any exceptions, exemptions, or unique circumstances that may extend the statutory filing period.

The majority of states have an "discovery rule" which states that the time limit for filing a claim doesn't start until the disease is recognized. This is complicated because mesothelioma, as well as other asbestos-related diseases, require a long time to be diagnosed.

Many states have different statutes of limitation for personal injury and wrongful deaths. Personal injury suits are filed by living people and typically follow the statute of limitations established by their home state. In the case of wrongful death, lawsuits are filed by the family members of the deceased, and these cases are governed by the laws in the state where they reside at the time of the decedent's death.

The victim's place of employment or residence may also impact the law. If the victim was exposed in more than one location or suffered from multiple illnesses, the applicable law might be determined by where most of their exposure occurred or the place they were diagnosed. This can be a problem for people who moved to a different state or were diagnosed after the statute of limitations in their home state was over.

In certain cases, the statutory filing period may be extended in certain circumstances or a court order. This is a rare. To safeguard your rights, if you suffer from a serious illness like mesothelioma, it is important to start 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 receive compensation. The attorneys at Dreyer Boyajian LLP achieved multi-million dollar results in many complex cases involving hazardous exposure.