Estate Claims and Asbestos Claims Law

If someone dies due to an asbestos-related illness, their family may be entitled to financial compensation. This compensation could help pay for funeral expenses as well as medical bills.

Many companies that manufactured asbestos-containing products have filed for bankruptcy, creating large amounts of money to compensate victims. However the funds have been drained, and settlement amounts are now being reduced.

Bankruptcy Trusts

As the health risks of asbestos lawsuits became more widely recognized companies that manufactured and used asbestos were slapped with massive lawsuits from victims. Many of these companies have filed for Chapter 11 bankruptcy in order to safeguard themselves from future liability. They were ordered by the courts to set aside money into trusts to cover future claims. These trusts will handle future litigation, not the newly reorganized firm. A trustee is responsible for the asbestos trusts, overseeing the claims process and ensuring that there is enough money to pay the asbestos victims.

However the secrecy of trusts has led to fraudulent asbestos claims payouts. Research has found that trusts paid out the majority of claims and 37 percent of settlements went to people who didn't have asbestos-related cancers. In addition, a recent court decision in the United States bankruptcy case In re Garlock Sealing Technologies LLC cited the existence of a "significant pattern of false representation" by asbestos claimants and law firms as well as evidence such as product identification being hidden.

A mesothelioma lawyer can help you choose the asbestos trust that is most suitable for your claim. Each asbestos trust sets its own standards for determining eligibility, which include evidence of diagnosis and work history. You must also submit a doctor's statement confirming your condition is due to 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 cases an attorney may be able to make a claim for asbestos trust expedited on your behalf. These claims are processed quicker than other claims, and permit a greater payout. You must meet certain criteria that are listed on the website of the asbestos trust in order to be eligible for an expedited claim. These include meeting specific health and employment requirements, as well as having a doctor's note that indicates you suffer from an asbestos-related disease.

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

Settlements

A settlement is a contract between a plaintiff and an asbestos-related company to end the lawsuit. It could occur prior to, during or after a trial. Plaintiffs can accept, counter or reject any offer. An attorney for mesothelioma can scrutinize any settlement to ensure that it is fair. However, victims should not accept any settlement without having a complete understanding of the compensation they will receive. The amount of the settlement may influence future expenses like medical expenses, travel and lost wages.

Asbestos litigation is a long process that requires extensive legal research, in-depth medical documents and employment records. Attorneys will attempt to prove that asbestos companies were aware of the dangers they posed and failed to warn their workers. Asbestos defendants settle in order to avoid losing in front of an impartial jury. An attorney with a high rating who is specialized in mesothelioma may use their experience in negotiating asbestos settlements to determine the possible settlements in each case.

Patients with mesothelioma often need financial aid. Health insurance typically covers only some of the costs associated with treatment, leaving many patients with large out-of-pocket costs. Workers' compensation is another option to offer assistance. Mesothelioma lawyers can look over the policies of insurance companies to determine if they qualify.

Based on the degree of exposure a victim is exposed to and the severity of their condition 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 enjoyment of life's pleasures and lost income.

Families of loved ones who have died from mesothelioma, or other asbestos-related illnesses, could be entitled to the compensation they are entitled to under a pre-established insurance policy. Documentation is required for this type of claim, which includes death certificates and policy documents. Attorneys can help victims and families file claims by reviewing the options available. Mesothelioma, asbestos lawsuits-related diseases and their effects can be devastating for patients and their families. Dreyer Boyajian LLP's asbestos attorneys have helped clients achieve multi-million dollar settlements in a variety of complicated cases. Contact our New York office to schedule an appointment 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 asbestos defendants frequently opt to settle their cases. An experienced mesothelioma attorney can assist victims in understanding the advantages and disadvantages of pursuing an appeal or settling.

A mesothelioma lawyer can gather information about a victim's exposure history and identify the asbestos-related products or companies that are accountable. Some asbestos cases involve multiple defendants since a person's asbestos exposure typically stems from a variety of sources.

In settlement discussions, a mesothelioma law firm can establish that the asbestos firm's negligence caused the asbestos-related illness through failing to adequately warn about the risks associated with its products. The victim's medical records will also serve as evidence to prove the connection between exposure and the mesothelioma diagnose.

If a mesothelioma patient accepts a settlement, the companies involved will stop negotiations and pay a certain amount that is guarantee to the victim. Settlements are a good option for victims who cannot afford to wait for the decision of an appeal. Keep in mind that settlements can change when the court examines evidence and hears arguments from both sides.

An asbestos trial involves an impartial jury or judge in deciding if a business is liable and what amount it is required to pay. Trials can last anywhere from a few days to several months. The outcome of a trial depends on the strength of the evidence and the expertise of the lawyers on both sides.

Many asbestos lawyers will advise their clients to accept the settlement as it is the quickest method of receiving compensation for losses and injuries. A mesothelioma attorney will investigate all legal options in order to maximize the compensation offered to a victim. In some instances, it may be more beneficial to pursue a trial and hope for a larger verdict. In this case the attorney representing the victim will argue that the corporate veil needs to be lifted and the parent company be held accountable together with the subsidiary.

Statute of Limitations

The statute of limitations is among the most significant factors that can affect the outcome of an asbestos attorney lawsuit. It sets a deadline for when a person can file a lawsuit or claim. This deadline can vary by state and victims should be aware of the laws applicable to their state. Contact an asbestos lawyer as soon as possible if you're worried that your statute of limitation is over. They can help you determine if there are exceptions, exemptions or specific situations that could prolong your filing deadline.

Many states have a "discovery rule" that says the time limit for filing a claim doesn't start until the illness is diagnosed. Because asbestos-related mesothelioma illnesses take decades to manifest, this could complicate cases.

There are a variety of states that have different statutes of limitation for personal injury and wrongful death lawsuits. Personal injury suits are filed primarily by living people, who follow the statutes of limitations established by their home state. In the case of wrongful death, lawsuits are filed by the relatives of the deceased and are governed by the laws in their state of residence at the time of the deceased's death.

Another factor that could affect the statute of limitations is the location where the victim worked or lived. If a person has been exposed to multiple locations or has been diagnosed with multiple illnesses the law that applies could be determined by the area where the most exposure occurred or the place where the diagnosis was made. This could cause issues for those who have moved to a different state or were diagnosed when the statute of limitations in their home state was over.

In certain instances, the deadline for filing a statutory claim could be extended due to particular circumstances or the court's order. This is not a common occurrence. To ensure your rights, if suffer from a serious illness such as mesothelioma, you must start a lawsuit against mesothelioma or asbestos as soon as you can. To ensure that you don't miss your chance to be compensated to cover your medical expenses, consult a certified asbestos lawyer as soon as you can. The lawyers at Dreyer Boyajian LLP have achieved multi-million-dollar outcomes in a variety of complicated cases involving exposure to hazardous substances.