Estate Claims and Asbestos Claims Law

If a person passes away from an asbestos-related illness, their family may be entitled to financial compensation. This compensation will assist in paying funeral expenses and any medical bills left.

Many companies that manufactured asbestos-containing products have filed for bankruptcy, generating large funds to compensate victims. These funds have been drained, however the settlement amounts have been rationed.

Bankruptcy Trusts

As the health risks of asbestos became more widely recognized, companies that used and manufactured it faced massive lawsuits by victims. Many of these companies filed for Chapter 11 bankruptcy in order to safeguard themselves from any further liability. They were compelled by the courts to set aside money into trusts for future claims. These trusts will handle future litigation, not the newly reorganized firm. A trustee oversees the asbestos claims process and ensures there is enough cash to pay the asbestos victims.

The secrecy surrounding trusts has allowed fraudulent asbestos claims to be paid. Research has discovered that trusts paid 86 percent of claims and 37 percent of settlements went to individuals who did not suffer from asbestos-related cancers. In addition, a recent court decision in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted a "significant pattern" of fraud by asbestos claimants and law firms. The most important evidence, such as product identification, was concealed.

A mesothelioma lawyer can help you determine the most appropriate asbestos trust for your case. Each asbestos trust has its own set of criteria to determine eligibility, including the proof of diagnosis and work history. You must also provide the confirmation of your doctor that you condition is due to asbestos exposure. Your attorney will make sure that your asbestos trust file complies with all of these requirements, and will gather additional evidence to back up your claim.

In certain cases the attorney you choose to use may make an asbestos trust claim expedited on your behalf. These claims are processed quicker than others and result in an increase in compensation. To qualify for an expedited claim you must meet the requirements that are laid out on the asbestos trust's website. Greeley asbestos lawsuits Links to an external site. includes meeting specific requirements for employment and medical as well as having a doctor's note that indicates you suffer from an asbestos-related illness.


The asbestos trust claim process is complex and should only be handled by a mesothelioma lawyer who has expertise. Dreyer Boyajian LLP can help you navigate the various rules and regulations for asbestos trusts so that you get the money you deserve. The firm can assist you to know the distinctions between these claims and VA claims as well as lawsuit awards.

Settlements

A settlement is a contract between a plaintiff and an asbestos-related company to end a lawsuit. Settlements may be reached prior to or during an investigation. Plaintiffs are able to accept, deny or contest any offer. An attorney for mesothelioma can review any settlement to ensure that it is fair. Victims should never accept any settlement unless they fully are aware of the amount that will be paid. The amount of a settlement can impact future expenses, such as medical treatment, travel and lost wages.

Asbestos litigation can last for years and require extensive legal research and thorough medical and employment documents. Attorneys are able to show that asbestos companies were aware of the dangers but did not warn their employees. Asbestos defendants settle to avoid losing before an impartial jury. A top-rated mesothelioma attorney can draw on their experience in negotiating asbestos settlements determine possible settlements for each particular case.

Mesothelioma patients often need help with financial costs. The majority of health insurance policies only cover a small portion of treatment expenses. This leaves many patients with significant out-of-pocket expenses. Workers' compensation may also offer assistance. Mesothelioma lawyers can review insurance policies to determine eligibility.

Settlement amounts can vary widely according to the degree of the illness and the extent to which they are exposed. The compensation for mesothelioma sufferers could include damages such as past and future pain, suffering, loss of enjoyment in life, and lost income.

Family members of loved ones who died from mesothelioma or other asbestos-related diseases, may be eligible for compensation under an insurance policy. Documentation is required for this type of claim, such as death certificates and policy documentation. Attorneys can assist families and victims file claims by reviewing the options available. Mesothelioma and other asbestos-related illnesses can have devastating effects on patients and their families. Dreyer Boyajian's asbestos lawyers have helped clients obtain multi-million dollar settlements in a range of complex cases. Contact our New York office today to arrange a confidential meeting with one of our skilled lawyers.

Trials

Asbestos companies know that they are at a high likelihood of being found to be responsible in lawsuits brought by victims who have been diagnosed with an asbestos-related disease. Rather than face the potential for a large amount of money in a verdict, many asbestos defendants choose to settle their cases. A knowledgeable mesothelioma attorney can help victims understand the advantages and disadvantages of going to an appeal or settling.

A mesothelioma lawyer will gather information about a victim's exposure history and determine the asbestos-related companies or products that are accountable. Some asbestos cases involve multiple defendants since a person's asbestos exposure usually comes from various sources.

A mesothelioma lawyer can demonstrate in settlement negotiations that asbestos was negligent in not warning of the dangers associated with their products. The victim's medical record will be used to prove the link between exposure and mesothelioma.

If a mesothelioma plaintiff accepts a settlement, the companies involved in the case will end negotiations and will provide a certain sum of money for the victim. Settlements can be a good option for those who are not able to wait until conclusion of the trial. Keep in mind that settlements can be altered as the court reviews evidence and hears arguments from both parties.

A jury or judge 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 for the opposing side.

Many asbestos attorneys will suggest to their clients to accept the settlement as it is the quickest method of obtaining compensation for injuries and losses. An asbestos attorney will research all legal options to maximize the compensation offered to the victim. In certain situations, it may be better to pursue a trial and hope for a larger verdict. In this case the lawyer for 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 factors that can impact an asbestos lawsuit is the statute of limitations, which imposes an amount of time for how long a person has to file a claim or lawsuit. The deadline varies from state to state, and victims should be aware of the laws that apply to them. If you're worried that your time-limit has expired and you are in need of a qualified asbestos attorney immediately. They can assist you in determining whether there are any exemptions, exceptions or special circumstances that could prolong the time frame for filing statutory claims.

Most states have a "discovery rule" that says the statute of limitations does not begin until the illness is identified. Since mesothelioma and asbestos-related diseases take years to manifest, this may make cases more complicated.

Many states have different statutes for personal injury and wrongful death claims. Personal injury lawsuits are typically filed by living people who are bound by the statutes of limitation established by their home states. Wrongful death suits are filed by the family of the deceased These cases are subject to the laws of the state they reside in at the time of the deceased's death.

Another aspect that could affect the statute of limitations is the place where the victim was employed or lived. If the person was exposed to more than one location or was diagnosed with multiple illnesses, the applicable law might be determined by where most of exposure occurred or from where they were diagnosed. This could cause problems for those who have relocated to a new state or were diagnosed after the statute of limitations passed in their home state.

In certain cases the deadline for filing a statutory claim may be extended in certain circumstances or a court order. This is a rare. If you suffer from a serious health issue such as mesothelioma you must file an asbestos lawsuit or mesothelioma claim as quickly as you can in order to safeguard your rights. Get in touch with an asbestos attorney immediately to ensure that you don't be denied the opportunity to receive compensation. The attorneys at Dreyer Boyajian LLP achieved multi-million dollar results in numerous complicated cases involving hazardous exposure.