Estate Claims and Asbestos Claims Law
If someone dies due to an asbestos-related illness the family could be entitled to financial compensation. This compensation may help cover funeral expenses and any remaining medical bills.
Many companies that made asbestos-containing products have filed for bankruptcy, creating large amounts of money to pay victims. These funds have been drained however, and settlement amounts have had to be rationed.
Bankruptcy Trusts
As the health risks of asbestos became more widely recognized companies that manufactured and used asbestos were slapped with massive lawsuits from the victims. Many of these companies filed for Chapter 11 bankruptcy in order to safeguard themselves from future liability. They were ordered by 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 that there's enough cash to pay the asbestos victims.
The secretive nature of these trusts has allowed for fraudulent asbestos claims to be paid out. Research has discovered trusts were able to pay 86 percent of claims and 37 percent of settlements to people who didn't have asbestos-related cancers. In addition a recent decision by a court in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted an "significant pattern" of fraud by asbestos claimants and law firms. Important evidence, such as the identity of the product was concealed.
A mesothelioma lawyer can assist you in choosing the asbestos trust that is the most suitable for your claim. Each asbestos trust has its own set of criteria to determine eligibility, including proof of diagnosis and employment background. You should 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 requirements, and also gathering additional evidence to support your claim.
In certain cases, an attorney can file a claim for asbestos trust expedited on your behalf. These claims are processed quicker than other claims and can result in the award of a larger amount of compensation. You must meet the requirements listed on the website of the asbestos trust to be eligible for an expedited application. These include meeting certain health and employment requirements as well as having a medical certificate from a doctor that indicates you suffer from an asbestos-related condition.
The process of claiming asbestos trust benefits is complex and should be handled by a mesothelioma attorney with years of experience. Dreyer Boyajian LLP will help you navigate the rules and regulations that govern asbestos trusts to ensure that you get the amount of compensation to which you are entitled. The firm can also help understand the differences between these claims from lawsuit awards and VA claims.
Settlements
A settlement is a contract between the plaintiff and an asbestos company to end the lawsuit. It may occur prior to or during a trial. Plaintiffs are able to accept, deny or counter any offer. A mesothelioma attorney can review any settlement to ensure it is fair. However, Norman asbestos lawyer must not sign any settlement without having a complete understanding of the compensation they will receive. The amount of a settlement can affect future expenses, including medical care, travel and lost wages.
Asbestos litigation can last for years and require extensive legal research and thorough medical and employment documents. Attorneys will attempt to prove that asbestos companies were aware of the dangers associated with their products, but did not warn workers. Asbestos defendants usually settle in order to keep from losing to a pro-company jury. A top-rated mesothelioma attorney can use his or her experience negotiating asbestos settlements to determine the possible payouts for each individual case.
Mesothelioma patients typically require assistance with financial expenses. Most health insurance policies only cover a portion of treatment expenses. This leaves many patients with substantial out of pocket expenses. Workers' compensation is an additional option to help. Mesothelioma lawyers can look over the policies of insurance and other documentation to determine eligibility for these benefits.
Depending on the extent of exposure a victim is exposed to and the severity of their condition the amount of settlements may vary widely. The compensation offered to mesothelioma patients can include compensation for future and past suffering and pain, the loss of pleasures in life and income loss.
Family members of loved ones who have passed away from mesothelioma or other asbestos-related diseases could be eligible for compensation from a pre-established life insurance policy. This type of claim requires proper documentation, such as death certificates and policy documents. Attorneys can review the available options and help victims and their families file claims. Mesothelioma and asbestos-related diseases and their effects can be devastating to patients and their families. Dreyer Boyajian LLP's asbestos lawyers have helped clients obtain multi-million dollar settlements in variety of complicated cases. Contact our New York office to schedule a confidential meeting with one of our skilled lawyers.
Trials
Asbestos companies are aware that they face a high chance of being held liable in lawsuits filed by victims who have been diagnosed with an asbestos-related condition. Many asbestos defendants settle cases instead of risk a substantial verdict. An experienced mesothelioma attorney can assist victims in understanding the advantages and disadvantages of going to the possibility of a trial or accepting a settlement.
A mesothelioma lawyer can gather details about the victim's exposure history and identify the asbestos-related companies or products that are responsible. Some asbestos cases involve multiple defendants since a person's asbestos exposure typically comes from many sources.
A mesothelioma lawyer can demonstrate, during settlement negotiations, that the asbestos company was negligent in not warning about the risks associated with their products. The victim's medical record will also be used to prove the connection between exposure and mesothelioma.
If a mesothelioma plaintiff accepts an agreement, the businesses involved in the case will cease negotiations and provide a guaranteed amount of money to the victim. Settlements are an excellent option for those who cannot afford to wait for the decision of a trial. Keep in mind that settlements can change when the court examines evidence and considers arguments from both sides.
A judge or jury decides if the company is liable for asbestos, and the amount they are required to pay. Trials can range from a few days to several months. The outcome of a trial in court depends on the strength of the evidence and the skill of the lawyers on both sides.
Many asbestos lawyers will advise their clients to accept a settlement because it is a faster method of receiving compensation for losses and injuries. A mesothelioma attorney will investigate all legal options in order to maximize the compensation offered to the victim. In some instances it might be better to pursue an appeal and hope for a bigger verdict. In this case, the attorney representing the victim will argue that the corporate veil needs to be lifted and the parent company should be held accountable along with the subsidiary.
Statute of limitations
The statute of limitations is one of the most significant factors that can affect the outcome of a asbestos lawsuit. It establishes a timeframe for when a person can start a lawsuit or claim. The deadline for filing a claim varies from state to state, and victims need to know the law in their area. Contact an asbestos lawyer immediately when you're worried that your time limit has expired. They can assist you in determining if there are exceptions, exemptions or unique case circumstances that could extend the time frame for filing your statutory claim.
In most states, the statute of limitation does not start when an illness is first diagnosed. This is complicated by the fact that mesothelioma, and other asbestos-related illnesses, can require a long time to become apparent.
There are a variety of states that have different statutes for personal injury and wrongful death claims. Personal injury suits are filed by living persons and generally adhere to the statute of limitations that is set by the state in which they reside. The family of a deceased person may make a claim for wrongful death. These cases are governed under the laws of the state where the deceased resided at the time of death.
Another factor that can influence the statute of limitations is where the victim was employed or lived. If a person was exposed to multiple places or has developed multiple ailments, then the applicable law could be determined by the location where the most exposure occurred or the place where the diagnosis was made. This can create issues 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 deadline for filing required by law could be extended due to special circumstances or the court's order. This is rare. To safeguard your rights, if you suffer from a serious illness such as mesothelioma, it is important to make a claim against asbestos or mesothelioma as soon as you are able to. To ensure that you don't lose the chance to receive compensation, contact a qualified asbestos lawyer immediately. The lawyers at Dreyer Boyajian LLP have achieved multi-million-dollar results in numerous complicated cases involving exposure to hazardous substances.