Estate Claims and Asbestos Claims Law

If someone dies from an asbestos-related disease family members may be entitled to financial compensation. This compensation can be used to pay funeral costs as well as any remaining medical bills.

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

Bankruptcy Trusts

As asbestos became more widely recognized as a health risk companies that made 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 shield themselves from future risk of liability. The courts ordered them to put funds aside in trusts for future claims. These trusts will handle future litigation, not the newly reorganized firm. A trustee oversees the asbestos claims process, and ensures that there's enough money to pay the asbestos victims.

The confidentiality of trusts has allowed fraudulent asbestos claims to be paid. In one study, researchers found that asbestos-related malignant injuries accounted for 86 per cent of all claims paid by trusts, and 37 percent of all settlements. 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 false representations by asbestos attorney claimants and law firms. The most important evidence, including the identification of the product, was not disclosed.

A mesothelioma lawyer can assist you in choosing the asbestos trust that is the most suitable for your claim. Each trust has its own criteria for determining eligibility, which include proof of diagnosis and working history. It is also recommended to provide a doctor's note confirming your condition is caused by asbestos exposure. Your attorney will make sure that your asbestos trust file is in compliance with all of these specifications, as well as 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 faster than other claims, and permit a greater compensation amount. You must meet certain criteria that are listed on the website of the asbestos trust in order to be eligible for an expedited application. These include meeting certain medical and employment requirements, as well as having a medical certificate from a doctor that indicates you suffer from an asbestos-related illness.

The asbestos trust claims process is complicated and should be handled by a knowledgeable mesothelioma attorney. Dreyer Boyajian LLP can help you navigate the various rules and regulations of asbestos trusts so that you receive the compensation you are entitled to. The firm can also help you understand the differences between these claims from lawsuit awards and VA claims.

Settlements

A settlement is a legal agreement between a plaintiff and the asbestos company. It concludes the case. It may occur prior to or after a trial. Plaintiffs may choose to accept or counter any offer. A mesothelioma lawyer can review any settlement offer for fairness. Victims should never accept any settlement unless they fully know the amount to be received. The amount of the settlement could influence future expenses like medical expenses, travel and lost wages.

Asbestos litigation can take years and involve lengthy legal research as well as detailed medical and employment documents. Attorneys will attempt to prove that asbestos lawyer companies were aware of the dangers of their products and failed to warn workers. Asbestos defendants usually settle to keep from losing to a jury that favors the company. A top-rated attorney who specializes in mesothelioma can draw on their experience in negotiating asbestos settlements, to determine the possible payouts for every case.

Patients with mesothelioma often need financial aid. The majority of health insurance policies cover a portion of treatment costs. This means that many patients face significant out of pocket costs. Workers' compensation is an additional option for help. Mesothelioma lawyers can look over the policies of insurance and other documentation to determine eligibility for these benefits.

Based on the extent of a victim's exposure and the severity of their condition the amount of settlements can vary greatly. The amount of compensation awarded to mesothelioma sufferers may include compensation for past and future pain and suffering, the loss of enjoyment of life's pleasures, and lost income.

Family relatives of loved ones who died from mesothelioma, or other asbestos-related diseases could be eligible for compensation from a pre-established life insurance policy. This type of claim requires the proper documentation, such as death certificates and policy documents. Attorneys can assist families and victims file claims by reviewing the options available. Mesothelioma, asbestos-related illnesses and their consequences can be devastating to patients and their loved ones. Asbestos lawyers at Dreyer Boyajian LLP have achieved multi-million dollar outcomes for clients in a variety of complicated cases. Contact our New York office to schedule an appointment with one of our experienced attorneys.

Trials

Asbestos companies are aware 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. Rather than face the potential for large verdicts asbestos defendants frequently opt to settle their cases. A mesothelioma lawyer will help victims weigh the pros and cons between the possibility of pursuing an action or settling.

A mesothelioma lawyer will gather details about the victim's exposure history and determine which asbestos companies or products are responsible. Certain asbestos cases involve multiple defendants since a person's asbestos exposure typically comes from various sources.

In settlement discussions, a mesothelioma law firm can prove that the negligence of the asbestos company caused the asbestos-related illness through not adequately warning about the risks associated with its products. The medical record of the victim can be used to prove the connection between exposure and mesothelioma.

If a mesothelioma patient accepts an agreement, the businesses involved in the case will stop negotiations and provide a guaranteed sum of money for the victim. Settlements can be a good option for those who are unable to wait until the conclusion of a trial. It is important to remember that settlements can be altered as the court processes evidence and hears arguments from both sides.

An asbestos trial is the jury or judge in deciding if a business is liable and what amount it must pay. Trials can last from a couple of days to several months. The result of a trial will depend on the strength of evidence and the expertise of the lawyers on both sides.

Many asbestos lawyers will advise their clients to settle a case as it is the most efficient way to get compensation. A mesothelioma lawyer will look into all legal options to maximize the amount of compensation received by a victim. In some cases, it is better to go through trial to get a higher verdict. In this instance the lawyer representing the victim might 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 aspects that can affect an asbestos lawsuit is the statute of limitations, which sets an amount of time for how long someone can file a claim or lawsuit. The deadlines vary by state, and the plaintiffs need to be aware of the laws in their area. Contact an asbestos lawyer right away in case you're concerned that your statute of limitations is over. They can assist you in determining whether there are exemptions, exceptions or special case circumstances that could extend your statutory filing period.

Most states have a "discovery rule" which states that the statute of limitations does not begin until the disease is recognized. Because mesothelioma and other asbestos-related diseases can take a long time to manifest, this could complicate cases.

There are a variety of states that have different statutes for personal injury and wrongful deaths claims. Personal injury suits are filed primarily by living individuals who adhere to the statutes of limitations established by their home state. Wrongful death suits are filed by the family members of deceased persons These cases are controlled by the laws of the state they reside in at the time of decedent's death.

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

In certain cases, the deadline for filing a statutory claim can be extended due specific circumstances or a court order. However, this is a rare. If you suffer from a severe health issue such as mesothelioma you must start an asbestos lawsuit or mesothelioma claim as quickly as you can in order to safeguard your rights. To ensure that you don't lose out on your chance to receive compensation to cover your medical expenses, consult a certified asbestos lawyer as soon as you can. The attorneys at Dreyer Boyajian LLP have achieved multi-million-dollar outcomes in a variety of complicated cases involving exposure to hazardous substances.