Estate Claims and Asbestos Claims Law

If a person dies from an asbestos-related disease, their family may be entitled to financial compensation. This compensation can help pay for funeral expenses as well as medical bills.

Many companies that manufactured asbestos-containing products filed for bankruptcy. This led to huge amounts of money to pay the victims. However the funds have been drained, and settlement amounts are being cut off.

Bankruptcy Trusts

As asbestos' health risks became more well-known, companies that manufactured and used asbestos were slapped with massive lawsuits from victims. Many of these companies filed for Chapter 11 bankruptcy in order to safeguard themselves from any further risk of liability. They were compelled by the courts to put money in trusts to cover future claims. Trusts manage future litigation rather than the newly reorganized company. A trustee is responsible for the asbestos trusts, overseeing the claims process and making sure that there is enough money available to pay the asbestos victims.

The secretive nature of trusts has led to fraudulent asbestos claims to be paid out. Researchers discovered that trusts paid 86 percent of claims and 37 percent of settlements were paid to people who didn't have malignant asbestos injuries. 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 false representations by asbestos claimants and law firms. Important evidence, like the identification of the product, was not disclosed.

A mesothelioma lawyer can help you determine the most appropriate asbestos trust to file your claim. Each asbestos trust sets its own standards to determine eligibility, which includes proof of diagnosis and work history. It is also recommended to submit a doctor's statement confirming your illness is caused by asbestos attorney exposure. Your attorney will make sure your asbestos trust file meets all of these specifications, as well as gathering additional evidence to strengthen your claim.

In certain cases, your attorney may submit an expedited asbestos trust claim on your behalf. These claims are processed quicker than other claims and allow for a larger compensation award. To be eligible for a claim that is expedited, you must meet a set of criteria set out on the asbestos trust's website. This includes meeting specific medical and employment requirements, as well as having a doctor's note that you suffer from an asbestos-related illness.

The asbestos trust claims process is complex and should be handled by a knowledgeable mesothelioma lawyer. Dreyer Boyajian LLP can help you navigate the many rules and regulations for asbestos trusts so that you get the money you deserve. The firm can help know the distinctions 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 company. It concludes the case. It could occur prior to or during the trial. Plaintiffs can accept, counter or reject any offer. A mesothelioma lawyer can evaluate any settlement offer to determine fairness. Victims should not accept any settlement unless they fully are aware of the amount that will be received. The amount of the settlement can impact future expenses such as medical treatment, travel, and lost wages.

Asbestos litigation can be a lengthy process that requires extensive legal research, detailed medical records and employment records. 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 to keep from losing to a pro-company jury. A top-rated lawyer who specializes in mesothelioma may use their experience in negotiating asbestos lawyers settlements, to calculate the possible settlements for each case.

Mesothelioma patients often need help with financial costs. Health insurance typically only covers the cost of treatment which leaves many patients with significant out-of-pocket expenses. Workers' compensation is a different option for help. Mesothelioma attorneys can review the policies of insurance and other documentation to determine eligibility for these benefits.

Based on the degree of a patient's exposure as well as the severity of their condition the amount of settlements may vary widely. Compensation for mesothelioma patients may include damages like past and future pain, suffering, loss of enjoyment in life, as well as lost income.

Family relatives of loved ones who have died from mesothelioma or any asbestos-related diseases could be eligible to receive the benefits of a pre-existing life insurance policy. This kind of claim requires proper documentation, including death certificates and policy documents. Attorneys can go over the available options and assist victims and their families to file claims. Mesothelioma and other asbestos-related diseases can have devastating effects on families of patients. Dreyer Boyajian LLP's asbestos attorneys have helped clients obtain multi-million dollar settlements in a variety of complex cases. Contact our New York office to schedule an appointment in confidence with one of our experienced attorneys.

Trials

Asbestos companies are aware that they run a significant likelihood of being found to be liable in lawsuits filed by victims who have been diagnosed with an asbestos-related disease. Many asbestos defendants settle cases rather than take on a large settlement. An experienced mesothelioma attorney can assist victims to understand the advantages and disadvantages of pursuing a trial or settling.

A mesothelioma attorney can gather information about an individual's asbestos exposure history and pinpoint the companies or products responsible. Some asbestos lawyers cases involve multiple defendants as the asbestos exposure of a person typically stems from a variety of sources.

A mesothelioma lawyer can demonstrate in settlement negotiations that the asbestos company was negligent in not advising of the risks associated with their products. The medical records of the victim can be used to prove a link between the exposure and the mesothelioma diagnose.

After a mesothelioma victim accepts a settlement offer, the companies involved will stop negotiations and pay a certain amount that is guarantee to the victim. Settlements are a good alternative for those who can't afford to wait for the decision of the trial. It is important to keep in mind that settlement offers may alter as the court reviews evidence and hears arguments from both sides.

A trial involving asbestos involves an impartial jury or judge deciding if a company is liable and what amount it is required to pay. Trials can span between a few days to several months. The outcome of a court trial is contingent on both the quality of the evidence and the expertise of the lawyers for the opposing side.

Many asbestos attorneys will recommend their clients to take the settlement as it is a faster method of obtaining compensation for injuries and losses. However, a seasoned mesothelioma lawyer will explore all legal options to ensure that the victim receives the most compensation. In some cases, it may be more beneficial to pursue an appeal and hope for a larger verdict. In this case, 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 among the most important aspects that can impact the outcome of an asbestos lawsuit. It is the time frame for when someone can start a lawsuit or claim. The deadline varies by state and victims should be familiar with the laws in their jurisdiction. Contact an asbestos lawyer right away when you're worried that your time limit is over. They can help you determine whether there are any exemptions, exceptions or other unique circumstances that could prolong the time frame for filing statutory claims.

In the majority of states the statute of limitations does not start when an illness is first diagnosed. This is made more difficult because mesothelioma, and other asbestos-related illnesses, can take a long time to be diagnosed.

Different states have different statutes of limitation for personal injury and wrongful death lawsuits. Personal injury lawsuits are usually filed by living persons who are bound by the statutes of limitation established by their home state. In the case of wrongful death, lawsuits are filed by the family of deceased persons These cases are subject to the laws of the state they reside in at the time of decedent's death.

The location of the victim's employment or residence may also impact the statute. If the person was exposed to multiple locations or developed multiple diseases the law applicable to them could be determined by the place where the bulk of exposure occurred or from where they were diagnosed. This can cause problems for those who have moved to an entirely different state or who were diagnosed when the statute of limitations in their home state was over.

In certain cases the filing deadline may be extended in certain circumstances or by a court order. This is not a common occurrence. If you have a serious health issue such as mesothelioma you need to start an asbestos lawsuit or mesothelioma claim as soon as you can to secure your rights. To ensure that you don't lose your chance to receive compensation, contact a qualified asbestos lawyer immediately. The attorneys at Dreyer Boyajian LLP achieved multi-million dollars in a variety of complicated cases involving hazardous exposure.