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 can help pay for funeral expenses and remaining medical bills.

Many companies that produced asbestos-containing products declared bankruptcy. This created large funds to compensate the victims. However, these funds have been drained, and settlement amounts are now being reduced.

Bankruptcy Trusts

As asbestos became more widely known as a health risk companies that made and used it were hit with a flood of lawsuits filed by victims. Many of these companies entered Chapter 11 bankruptcy to protect themselves from any further liability. They were ordered by courts to put money in trusts to cover future claims. Trusts are able to handle future litigation and not the reorganized business. A trustee oversees the asbestos claims process, and ensures that there is enough money to pay the asbestos victims.

However, the secrecy of trusts has enabled fraudulent asbestos claims payouts. In one study, researchers discovered that those who did not suffer from malignant asbestos injuries made up 86 percent of all claims made by trusts and 37 percent of all settlements. In addition, a recent court decision in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted the existence of a "significant pattern" of misrepresentation by asbestos claimants, and law firms. The most important evidence, such as the identification of the product, was not disclosed.

A mesothelioma lawyer can assist you choose the best asbestos trust for your claim. Each trust has its own criteria to determine eligibility, including proof of diagnosis and employment history. You must also provide the doctor's confirmation that your illness is a result of asbestos exposure. Your attorney will make sure that your asbestos trust document meets all of these specifications, as well as collecting additional evidence to support your claim.

In some instances an attorney can file a claim for asbestos trust expedited on your behalf. These claims are processed faster than other claims, and permit a higher compensation amount. You must meet the requirements set out on the website of the asbestos trust to be eligible for an expedited claim. You must satisfy certain medical and employment requirements as well as have an official note from a doctor stating that you are suffering from an asbestos-related disease.

The process of claiming asbestos trust benefits is complex and should only be handled by a mesothelioma lawyer who has experience. 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're entitled. The firm can also assist you to comprehend how these claims are different from lawsuit awards and VA claims.

Settlements

A settlement is a contract between the plaintiff and an asbestos-related company to end the lawsuit. It may occur prior to or during a trial. Plaintiffs are able to accept, deny or counter any offer. An attorney for mesothelioma can review any settlement to ensure it is fair. However, patients should not agree to any settlement without having a complete understanding of the compensation they will receive. The amount of a settlement could impact future expenses, such as medical expenses, travel costs and lost wages.

Asbestos litigation can take years and involve extensive legal research and thorough medical and employment documents. Attorneys will attempt to prove that asbestos lawyers companies were aware of the dangers but did not adequately warn their employees. Asbestos defendants typically settle to avoid losing to a jury that favors the company. A top-rated attorney who specializes in mesothelioma may draw on their experience in negotiating asbestos settlements, to determine the potential settlements in each case.

Mesothelioma patients typically require assistance with financial costs. The majority of health insurance policies cover a portion of the treatment expenses. This leaves many patients with significant out of pocket expenses. Workers' compensation is another option to offer assistance. Mesothelioma attorneys can review insurance policies and other documentation to determine if they are eligible for these benefits.

Based on the degree of a victim's exposure and the severity of their condition the amount of settlements can be very different. The compensation for mesothelioma sufferers could include damages such as past and future suffering, pain and suffering, loss of enjoyment life, as well as lost income.

Families of loved ones who died from mesothelioma or other asbestos-related illnesses, could be eligible for compensation under an insurance policy. Documentation is required for this kind of claim, which includes death certificates and policy documentation. Attorneys can look over the options available and assist victims and their families file claims. Mesothelioma and other asbestos-related illnesses can have devastating effects on families of patients. Dreyer Boyajian LLP's asbestos attorneys have helped clients achieve multi-million dollar settlements in a range of complex cases. Contact our New York office to schedule a confidential meeting with one of our knowledgeable lawyers.

Trials

Asbestos firms are aware that they are at a high chance of being held responsible in lawsuits brought by victims who have been diagnosed with an asbestos-related illness. Instead of battling 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 an appeal or settling.

A mesothelioma lawyer can gather information regarding a person's exposure history and identify the asbestos-related companies or products that are accountable. Certain asbestos cases involve multiple defendants since a person's asbestos exposure usually comes from many sources.

A mesothelioma lawyer will be able to prove in settlement negotiations that the asbestos company was negligent in failing to warn of the risks associated with their products. The medical records of the victim will be used to prove the link between exposure and mesothelioma.

When a mesothelioma sufferer accepts a settlement offer the companies involved will end any negotiations and will pay a certain amount that is guaranteed to the victim. Settlements can be a good solution for victims who are unable to wait until the end of a trial. It is important to keep in mind that settlements can alter as the court reviews evidence and hears arguments from both sides.

An asbestos trial is an impartial jury or judge to decide if a company is liable and how much it must pay. Trials can range from one or two days to months. The outcome of a court trial is contingent on both the strength of the evidence and the ability of the lawyers on the opposing side.

Many asbestos attorneys will recommend their clients to take an agreement because it is the quickest method of obtaining compensation for injuries and losses. However, an experienced mesothelioma lawyer will investigate all legal options to ensure the victim receives the maximum amount of compensation. In some instances, it may be more beneficial to go through a trial and hope for a bigger verdict. In this instance, the lawyer representing the victim would argue that the corporate veil needs to be removed and the parent company held liable along with the subsidiary.

Statute of Limitations

The statute of limitations is one of the most important factors that can affect the outcome of a asbestos lawsuit. It sets a deadline for when a person can start a lawsuit or claim. The deadline for filing a claim varies from state to state, and the plaintiffs need to know the law in their state. If you are concerned that your time-limit has expired and you are in need of a qualified asbestos lawyer right away. They can help you determine if there are exceptions, exemptions or unique situational circumstances that may extend your statutory filing period.

In many states the statute of limitations is not in effect until the diagnosis of an illness is made. This is complicated because mesothelioma, as well as other asbestos-related illnesses, can take decades to be diagnosed.

Many states have different statutes for personal injury and wrongful deaths claims. Personal injury suits are filed by living people, and they typically follow the statute of limitations that is set by the state in which they reside. In the case of wrongful death, lawsuits are filed by the family of a deceased person These cases are subject to the laws of the state they reside in at the time of the deceased's death.

Another factor that can impact the statute of limitation is where the victim worked or lived. If a person has been exposed to multiple places or has developed multiple diseases the law that applies could be determined by the area in which the bulk of the exposure occurred or the place where the diagnosis was made. This can cause problems for those who relocated to a different state or were diagnosed when the statute of limitation in the state they resided in had expired.

In some cases the statutory filing deadline could be extended due to specific circumstances or a court order. However, this is not a common. To safeguard your rights, if suffer from a serious disease such as mesothelioma you should file a lawsuit against asbestos or mesothelioma as soon as you can. Contact an asbestos lawyer who is experienced immediately to ensure that you don't lose the chance to receive compensation. The lawyers at Dreyer Boyajian LLP achieved multi-million dollar results in numerous complicated cases involving hazardous exposure.