Estate Claims and Asbestos Claims Law

When a person dies from asbestos-related illnesses their family members can make an estate claim and receive financial compensation. This compensation could assist in paying funeral costs as well as any remaining medical bills.

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

Bankruptcy Trusts

As the health risks of asbestos were recognized companies that used and manufactured asbestos faced huge lawsuits from victims. Many of these companies filed Chapter 11 bankruptcy to protect themselves from any further risk of liability. They were ordered by the courts to save money in trusts for future claims. These trusts handle future litigation rather than the reorganized business. A trustee is responsible for the asbestos trusts, directing the claims process and making sure that there is enough money available to pay the asbestos victims.

However the secrecy surrounding these trusts has facilitated fraudulent asbestos claim settlements. Researchers discovered that trusts paid the majority of claims and 37 percent of settlements were paid to people who didn't have asbestos-related malignancies. In addition, a recent court decision in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted an "significant pattern" of false representations by asbestos claimants and law firms. The most important evidence, including product identification, was concealed.

A mesothelioma lawyer can help you choose the best asbestos trust to file your claim. Each trust has its own criteria for determining eligibility, which include the proof of diagnosis and work history. It is also recommended to submit the confirmation of your doctor that you condition is due to asbestos exposure. Your attorney will ensure that your asbestos trust file is in compliance with these requirements and will also gather additional evidence to back up your claim.

In some cases an attorney may be able to submit a claim to asbestos trust expedited on your behalf. These claims are processed more quickly than others, and they permit a higher payout. To be eligible for an expedited claim you must meet certain criteria outlined on the asbestos trust's website. This includes meeting specific health and employment requirements, as well as having a medical certificate from a doctor indicating you have an asbestos-related condition.

The asbestos trust claims process can be complicated and should be handled by a knowledgeable mesothelioma lawyer. Dreyer Boyajian LLP can help you navigate the numerous rules and regulations for asbestos trusts to ensure you receive the compensation you deserve. The firm can help understand the differences between these claims and VA claims as well as settlements awarded to lawsuits.

Settlements

A settlement is a contract between the plaintiff and an asbestos company to end a lawsuit. Settlements can be reached prior to or even after a trial. Plaintiffs may accept or counter any offer. A mesothelioma attorney can scrutinize any settlement to ensure that it is fair. However, patients should not accept any settlement without a full understanding of the amount they will receive. The amount of the settlement can influence future expenses like medical treatment, travel, and lost wages.

Asbestos litigation is a lengthy process that requires extensive legal research, detailed medical records and employment records. Attorneys are able to show that asbestos companies were aware of the dangers but did not adequately warn their employees. Asbestos defendants settle to avoid losing in front of a juror from the company's side. A top-rated mesothelioma attorney will use their expertise in negotiating asbestos settlements to determine the potential settlements for each particular case.

Mesothelioma patients typically require assistance with expenses incurred by the patient. Most health insurance policies only cover a portion of the treatment costs. This leaves many patients with significant out of pocket costs. Workers' compensation can also offer assistance. Mesothelioma lawyers can look over insurance policies to determine if they are eligible.

Based on the degree of a patient's exposure as well as the severity of their illness the amount of settlement awarded can vary greatly. The amount of compensation awarded to mesothelioma sufferers may include damages for past and future suffering and pain, the loss of enjoyment of life's pleasures and income loss.

Families of loved ones who passed away from mesothelioma or other asbestos-related diseases may be entitled to compensation under an insurance policy. This kind of claim requires proper documentation, such as death certificates and policy documents. Attorneys can go over the options available and assist victims and their families make claims. Mesothelioma and asbestos-related diseases and their effects can be devastating for patients and their loved ones. Dreyer Boyajian LLP's asbestos attorneys have helped clients achieve multi-million-dollar settlements in a variety of complicated cases. Contact our New York office to schedule a confidential meeting with one of our knowledgeable lawyers.

Trials

Asbestos companies are aware that they have a high risk of being held liable in lawsuits filed by asbestos-related disease victims. Instead of facing the possibility for a large amount of money in a verdict, many asbestos defendants choose to settle cases. A mesothelioma lawyer with experience can assist victims to understand the advantages and disadvantages of going to a trial or settling.

A mesothelioma lawyer can collect information on a victim's asbestos exposure history and pinpoint the companies or products responsible. Certain asbestos lawyers cases involve multiple defendants since the asbestos exposure of a person typically stems from a variety of sources.

In settlement discussions, a mesothelioma law firm can prove that the asbestos firm's negligence caused the asbestos attorneys-related illness through not adequately educating its customers about the dangers of its products. The medical record of the victim can be used to prove the link between exposure and mesothelioma.

After a mesothelioma victim accepts a settlement offer the companies involved will end negotiations and pay a lump sum that is assured to the victim. Settlements can be a good solution for those not able to wait until the end of a trial. Be aware that settlement offers may change as the court considers evidence and hears arguments from both sides.

A jury or judge decides if a company is liable for asbestos and the amount they are required to pay. Trials can take anywhere from just a few days to months. The result of a trial will depend on the strength of evidence and the expertise of the lawyers who represent both sides.

Many asbestos lawyers will advise their clients to settle a case as it is the most efficient way to receive compensation. However, a seasoned mesothelioma lawyer will investigate all legal options to ensure that a victim receives maximum compensation. In certain situations, it may be more beneficial to pursue a trial and hope for a higher verdict. In this case the lawyer representing the victim would argue for the lifting of the corporate veil, exposing the parent company to liability, in addition to the subsidiary.

Statute of limitations

The statute of limitations is among the most crucial elements that can affect an asbestos attorneys lawsuit. It establishes a timeframe for when a person can make a claim or lawsuit. The deadline for filing a claim can differ from state to state, and victims should be familiar with the laws that apply to them. Contact an asbestos lawyer as soon as possible in case you're concerned that your time limit is over. They can assist you in determining whether there are any exemptions, exceptions or special case circumstances that could extend the time frame for filing your statutory claim.

In the majority of states, the statute of limitation does not begin until an illness is diagnosed. Because mesothelioma and other asbestos-related illnesses take decades to manifest, this could complicate cases.

Different states have different laws for personal injury and wrongful death claims. Personal injury lawsuits are usually filed by living individuals, who follow the statutes of limitations imposed by their home states. The family members 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 can influence the statute of limitations is where the victim worked or lived. If a person has been exposed to more than one place or has developed multiple ailments, then the applicable law could be determined by the area in which the bulk of the exposure occurred or the place where the diagnosis was made. This can be a problem for people who moved to an entirely different state or who were diagnosed when the statute of limitation in their home state was over.

In some cases the deadline for filing a statutory claim may be extended due to particular circumstances or an order from a court. This is a rare. If you suffer from a severe health condition like mesothelioma, you need to start an asbestos lawsuit or mesothelioma lawsuit as soon as you can in order to safeguard your rights. To ensure you don't miss the chance to receive compensation to cover your medical expenses, consult a certified asbestos lawyer immediately. The lawyers at Dreyer Boyajian LLP have achieved multi-million-dollar results in many complicated cases involving exposure to hazardous substances.