Estate Claims and Asbestos Claims Law

If someone dies from an asbestos-related illness the family could be entitled to financial compensation. This compensation could help pay for funeral expenses and any remaining medical expenses.

Many companies that manufactured asbestos-containing products declared bankruptcy. This led to huge amounts of money to compensate the victims. These funds have been depleted however the settlement amount has required rationing.

Bankruptcy Trusts

As asbestos became more widely known as a health risk, companies that manufactured 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 legal liability. The courts compelled them to set funds aside in trusts for future claims. Trusts will handle future litigation, not the reorganized firm. A trustee manages the asbestos trusts, overseeing the claims process and ensuring that there is enough money available to pay asbestos victims.

However, the secrecy of trusts has led to fraudulent asbestos claim payouts. In one study, researchers discovered that those who did not suffer from malignant asbestos injuries accounted for 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 an "significant pattern" of misrepresentation by asbestos claimants, and law firms. Important evidence, such as the identity of the product was concealed.

A mesothelioma lawyer can help you choose the best asbestos trust for your claim. Each trust has its own criteria to determine eligibility, including the proof of diagnosis and work history. It is also recommended to submit a doctor's statement confirming your illness is caused by asbestos exposure. Your attorney will ensure your asbestos trust file meets all of these requirements, as well as gathering additional evidence to support your claim.

In some cases your attorney could make an expedited asbestos trust claim on your behalf. These claims are processed more quickly than other claims, and permit a greater payout. To be eligible for a claim that is expedited, you must meet certain criteria that are laid out on the asbestos trust's website. You must meet certain employment and medical requirements and also have a doctor's note indicating that you suffer from an asbestos-related disease.

The asbestos trust claim process is complex and should be handled by a mesothelioma lawyer who has years of experience. Dreyer Boyajian LLP will help you navigate the rules and regulations governing asbestos trusts so that you are able to receive the amount of compensation to which you are entitled. The firm can also assist you to understand the differences between these claims from lawsuit awards and VA claims.

Settlements

A settlement is an agreement between the plaintiff and an asbestos company to end a lawsuit. Settlements can be reached prior to or even after an investigation. Plaintiffs may choose to accept, counter or reject any offer. An attorney for mesothelioma will review any settlement to ensure it is fair. Victims should not accept any settlement until they fully know the amount to be given. The amount of a settlement can influence future expenses, such as medical treatment, travel and lost wages.

Asbestos litigation is a lengthy process that requires an extensive legal investigation, thorough medical records and employment documents. Attorneys will attempt to prove that asbestos companies were aware of the dangers associated with their products and failed to warn workers. Asbestos defendants usually settle in order to avoid the risk of 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 calculate the possible settlements in each case.

Mesothelioma patients are often in need of assistance with financial costs. Most health insurance policies only cover a portion of treatment expenses. This leaves many patients with substantial out of pocket costs. Workers' compensation is another option to provide assistance. Mesothelioma lawyers can review the policies of insurance companies to determine if they qualify.

Settlement amounts can vary widely depending on the severity of the patient's illness and the extent to which they are exposed. The amount of compensation awarded to mesothelioma sufferers may include damages for future and past suffering and pain, loss of enjoyment of life's pleasures, and lost income.

Family members of loved ones who died from mesothelioma, or other asbestos-related diseases could be eligible to receive compensation from a pre-established life insurance policy. This type of claim requires proper documentation, Asbestos Claims Law including death certificates and policy documents. Attorneys can review the available options and help victims and their families to file claims. Mesothelioma, asbestos-related illnesses and their consequences can be devastating to patients and their families. Asbestos lawyers at Dreyer Boyajian LLP have achieved multi-million dollar results for clients in a variety of complex cases. Contact our New York office to schedule a confidential meeting with one of our skilled attorneys.

Trials

Asbestos companies know that they run a significant chance of being held liable in lawsuits filed by victims who have been diagnosed with an asbestos-related condition. Instead of battling for large verdicts asbestos defendants often opt to settle their cases. A mesothelioma lawyer can assist victims decide on the pros and cons of taking on a lawsuit or accepting a settlement.

A mesothelioma lawyer can collect details about a person's asbestos exposure history and pinpoint the companies or products responsible. Some asbestos cases involve multiple defendants as a person's asbestos exposure usually comes from many sources.

A mesothelioma lawyer can prove that, in settlement negotiations, that asbestos companies were negligent in not warning about the risks associated with their products. The medical records of the victim will be used as evidence to prove a link between the exposure and mesothelioma diagnosis.

If a mesothelioma patient accepts a settlement, the parties involved in the case will cease negotiations and offer a guaranteed sum of money for the victim. Settlements are a great option for victims who cannot afford to wait for the decision of a trial. It is important to keep in mind that settlements can change 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 have to pay. Trials can last from just a few days to months. The outcome of a trial is contingent on the quality of evidence and the expertise of the lawyers who represent both sides.

Many asbestos lawyers will advise their clients to settle for a settlement since it is the most efficient way to receive compensation. However, an experienced mesothelioma lawyer will consider all legal options to ensure a victim receives maximum compensation. In some cases, it is better to conduct trial to get a higher verdict. In this instance the lawyer representing the victim would argue for the lifting of the corporate veil and 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 the time frame for how long someone can make a claim or file a lawsuit. This deadline can vary from state to state, and victims should be aware of the laws in their jurisdiction. If you are concerned that your time-limit has expired or is approaching an asbestos attorney right away. They can help you determine whether there are any exemptions, exceptions or special circumstances that could prolong the time frame for filing statutory claims.

In most states, the statute of limitation is not in effect until an illness is diagnosed. This is complicated due to the fact that mesothelioma, and other asbestos-related illnesses, can take a long time to manifest.

There are a variety of states that have different statutes of limitations for personal injury and wrongful death claims. Personal injury lawsuits are filed by living people, and they typically follow the statute of limitations established by their home state. The family of the deceased person can file a wrongful death suit. These cases are governed under the laws of the state where the deceased resided at the time of his death.

Another factor that can influence the statute of limitations is the place where the victim worked or lived. If a person was exposed to multiple places or has developed multiple diseases, then the applicable law may be determined by the area where the most exposure occurred or where the diagnosis was made. This can create issues for those who moved to a different state or were diagnosed after the statute of limitations expired in their home state.

In certain cases, the deadline for filing a statutory claim may be extended due to special circumstances or an order from a court. However, this is not a common. To ensure your rights, if you suffer from a serious disease such as mesothelioma you should start a lawsuit against mesothelioma or asbestos as soon as you are able to. Contact a qualified asbestos attorney immediately to ensure that you do not lose the chance to be compensated. The lawyers at Dreyer Boyajian LLP have achieved multi-million-dollar results in many complex cases involving hazardous exposure.