A Provocative Rant About Asbestos Claims

Estate Claims and Asbestos Claims Law

If a person dies from an asbestos-related disease family members may be entitled to financial compensation. This compensation may help cover funeral expenses and any remaining medical bills.

Many companies that manufactured asbestos-containing products have filed for bankruptcy, creating large amounts of money to pay victims. However, these funds have been depleted and settlement amounts are now being rationed.

Bankruptcy Trusts

As the health risks of asbestos became more widely recognized companies that made and used asbestos lawyer were slapped with massive lawsuits from those who were affected. Many of these companies filed Chapter 11 bankruptcy to protect themselves from further risk of liability. They were ordered by the courts to save money in trusts for future claims. These trusts will handle future litigation, not the reorganized firm. A trustee oversees the asbestos claims process and ensures there is enough cash to pay asbestos victims.

However, the secrecy of trusts has enabled fraudulent asbestos claim settlements. The study discovered that trusts paid 86 percent of claims and 37 percent of settlements to individuals who did not suffer from asbestos-related malignancies. In addition a recent court ruling in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted a "significant pattern" of misrepresentation by asbestos lawsuits claimants, and law firms. The most important evidence, such as product identification, was concealed.

An attorney for mesothelioma can assist you in selecting the asbestos trust that is best for your claim. Each trust has its own criteria to determine eligibility, including evidence of diagnosis and employment background. You must also submit a doctor's statement confirming your illness is caused by asbestos exposure. Your attorney will make sure that your asbestos trust document meets all of these requirements, as well as gathering additional evidence to strengthen your claim.

In certain cases, your attorney may submit an asbestos trust claim expedited on behalf of you. These claims are processed quicker than other claims, and permit a greater payout. To qualify for an expedited claim you must meet a set of criteria outlined on the asbestos trust's website. You must satisfy certain medical and employment requirements and also have an official medical note that states you suffer from an asbestos-related illness.

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 that govern asbestos trusts to ensure you are able to receive the amount of amount of compensation to which you are entitled. The firm can help you know the distinctions between these claims and VA claims, as well as the different types of lawsuits.

Settlements

A settlement is an agreement between a plaintiff and an asbestos-related company to end the lawsuit. Settlements may be reached prior to or during the trial. Plaintiffs may choose to accept, counter or reject any offer. A mesothelioma attorney can scrutinize any settlement to ensure that it is fair. However, victims must not sign any settlement without a full knowledge of the amount they will receive. The amount of the settlement could impact future expenses such as medical treatment, travel, and lost wages.

Asbestos litigation can last for years and require extensive legal research and detailed medical and employment records. Lawyers will try to prove that asbestos companies knew about the dangers associated with their products and failed to warn workers. Asbestos defendants settle to avoid losing in front of an impartial jury. A top-rated attorney who specializes in mesothelioma may use their experience in negotiating asbestos settlements, to calculate the possible settlements in each case.

Patients with mesothelioma are often in need of financial aid. The majority of health insurance policies only cover a portion of the treatment expenses. This leaves many patients with substantial out-of-pocket expenses. Workers' compensation is another option for help. Mesothelioma lawyers can review insurance policies to determine if they are eligible.

Based on the degree of a victim's exposure and the severity of their illness the amount of settlement awarded may vary widely. The compensation for mesothelioma sufferers could include damages such as past and future pain, suffering and loss of enjoyment in life, as well as lost income.

Family members of loved ones who have died from mesothelioma or other asbestos attorneys-related diseases may be eligible for compensation under a pre-established insurance policy. This type of claim requires proper documentation, including death certificates and policy documents. Attorneys can assist families and victims to file claims by examining the options available. Mesothelioma, along with other asbestos-related illnesses can have devastating effects on families of patients. Asbestos lawyers at Dreyer Boyajian LLP have achieved multi-million-dollar results for clients in a broad variety of complicated cases. Contact our New York office today to arrange a confidential meeting with one of our skilled lawyers.

Trials

Asbestos companies are aware that they are at a high likelihood of being found to be liable in lawsuits filed by victims who have been diagnosed with an asbestos-related illness. Many asbestos defendants settle cases instead of risk a substantial verdict. A mesothelioma lawyer with experience can assist victims in understanding the advantages and disadvantages of pursuing an appeal or accepting a settlement.

A mesothelioma lawyer can gather information about a victim's exposure history and identify the asbestos-related products or companies that are responsible. Some asbestos cases involve multiple defendants because the exposure of a person to asbestos typically comes from various sources.

During settlement negotiations, a mesothelioma law firm can prove that the negligence of the asbestos company caused the asbestos-related illness by not adequately warning about the dangers of its products. The victim's medical records will be used as evidence to prove the connection between exposure and mesothelioma diagnosis.

When a mesothelioma sufferer accepts a settlement offer, the parties involved will cease all negotiations and pay a lump sum that is assured to the victim. Settlements can be a beneficial option for those who are not able to wait until the end of a trial. Keep in mind that settlements can change as the court considers evidence and considers arguments from both parties.

A judge or jury decides if the company is liable for asbestos, and how much they must pay. Trials can last from one or two days to months. The outcome of a court trial is contingent on the quality of the evidence and the expertise of the lawyers on both sides.

Many asbestos lawyers will suggest to their clients to accept an agreement because it is a quicker method of receiving compensation for losses and injuries. A mesothelioma attorney will investigate all legal options in order to maximize the amount of compensation received by the victim. In certain situations it is best to go through with an investigation to get a higher verdict. In this case the lawyer representing the victim would argue that the corporate veil must be removed and the parent company be held accountable as well as the subsidiary.

Statute of limitations

One of the most important factors that can impact an asbestos lawsuit is the statute of limitations, which set an amount of time for how long someone can make a claim or file a lawsuit. This deadline varies by state, and victims need to know the law in their state. If you're worried that your statute of limitations has expired, contact a qualified asbestos lawyer attorney immediately. They can help you determine whether there are any exemptions, exceptions or other unique circumstances that could prolong the statutory filing period.

Many states have a "discovery rule" that states that the time limit for filing a claim doesn't start until the illness is diagnosed. This is complicated because mesothelioma, and other asbestos-related diseases take decades to manifest.

Different states have different statutes of limitations for personal injury and wrongful deaths. Personal injury suits are filed by living people and generally comply with the statute of limitation established by their home state. The family of the deceased person can make a claim for wrongful death. These cases are governed by the laws of the state where the decedent resided at the time of his death.

Another factor that could influence the statute of limitations is where the victim was employed or lived. If the person was exposed to more than one place or developed multiple diseases the law that applies to them may be determined by where most of exposure occurred or from where they were diagnosed. This can be a problem for those who relocated to an entirely different state or who were diagnosed after the statute of limitation in their home state had expired.

In some cases the statutory filing deadline may be extended due to particular circumstances or a court order. This is not a common occurrence. If you suffer from a serious medical condition such as mesothelioma you should start an asbestos lawsuit or mesothelioma claim as quickly as possible to protect your rights. Get in touch with an asbestos attorney immediately to ensure that you don't be denied the opportunity to receive compensation. The lawyers at Dreyer Boyajian LLP achieved multi-million dollars in a variety of complex cases involving hazardous exposure.