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 will help pay for funeral costs and any medical bills left.

Many companies that made asbestos-containing products have filed for bankruptcy, which has resulted in large amounts of money to compensate victims. These funds have been depleted, however, and settlement amounts have required rationing.

Bankruptcy Trusts

As asbestos became more widely known as a health risk, companies that made and used it were faced with a flurry of lawsuits from victims. Many of these companies filed Chapter 11 bankruptcy to protect themselves from any further liability. They were ordered by the courts to put money in trusts for future claims. Trusts manage future litigation rather than the reorganized company. A trustee oversees the asbestos claims process and ensures there is enough cash to pay asbestos victims.

The secretive nature of trusts has led to fraudulent asbestos claims to be paid. In one study, researchers discovered that individuals without malignant asbestos injuries accounted for 86 per cent of all claims made by trusts and 37 percent of all settlements. A recent court ruling in the United States bankruptcy case In re Garlock Sealing Technologies LLC cited a "significant pattern of false representation" by asbestos plaintiffs and law firms, with key evidence like the product's identification being hidden.

An attorney for mesothelioma can assist you in choosing the asbestos trust that is best for your claim. Each asbestos trust sets its own criteria for determining eligibility, including the proof of diagnosis and the history of your work. You must also provide the doctor's confirmation that your condition is due to asbestos exposure. Your attorney will make sure that your asbestos trust file is in compliance with all of these requirements and gather additional evidence to support your claim.

In some cases an attorney may be able to make a claim for asbestos trust expedited on your behalf. These claims are processed faster than others, and they permit a greater payout. To be eligible for an expedited claim, you must meet a set of criteria outlined on the asbestos trust's website. These include meeting specific requirements for employment and medical as well as having a doctor's statement that indicates you suffer from an asbestos-related disease.

The asbestos trust claim process is complex and should only be handled by a mesothelioma attorney with expertise. Dreyer Boyajian LLP can help you navigate the many rules and regulations for asbestos trusts to ensure you get the money you deserve. The firm can also help you understand the differences between these claims from both lawsuit awards and VA claims.

Settlements

A settlement is a contract between the plaintiff and an asbestos-related company to end the lawsuit. Settlements can be reached before or during the trial. Plaintiffs may accept, counter or reject any offer. A mesothelioma lawyer is able to examine any settlement offer to ensure fairness. Victims should never accept any settlement unless they fully know the amount to be paid. The amount of the settlement may affect future expenses, including medical expenses, travel costs and lost wages.

Asbestos litigation is a lengthy process that requires an extensive legal investigation, thorough medical records and employment documents. Attorneys will work to show that asbestos companies were aware of the dangers of their products and failed to warn workers. Asbestos defendants settle their cases to avoid losing before an impartial jury. A top-rated lawyer who specializes in mesothelioma could utilize their knowledge in negotiating asbestos settlements, to determine the potential payouts for every case.

Patients with mesothelioma often need financial aid. Health insurance typically covers only some of the costs associated with treatment which leaves many patients with large out-of-pocket costs. Workers' compensation is another option for assistance. Mesothelioma attorneys can review insurance policies and other documents to determine eligibility for these benefits.

Based on the extent of exposure a victim is exposed to and the severity of their condition, settlement amounts can vary greatly. The compensation offered to mesothelioma patients may include compensation for past and future suffering and pain, loss of pleasures of 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. This type of claim requires the proper documentation, such as death certificates and policy documents. Attorneys can go over the available options and help victims and their families file claims. Mesothelioma, asbestos-related illnesses and their consequences can be devastating for patients and their families. Asbestos lawyers at Dreyer Boyajian LLP have achieved multi-million dollar outcomes for clients in a broad variety of complicated cases. Contact our New York office today to schedule a confidential consultation with one of our skilled lawyers.

Trials

Asbestos firms are aware that they run a high-risk of being held liable in lawsuits brought by victims of asbestos-related diseases. Many asbestos defendants settle cases rather than take on a large settlement. A mesothelioma lawyer with experience can assist victims in understanding the pros and cons of pursuing the possibility of a trial or accepting a settlement.

A mesothelioma attorney can gather information about an individual's asbestos exposure history and identify the products or companies responsible. Multiple defendants are involved in some asbestos cases because asbestos exposure is often a result of a variety of sources.

In settlement negotiations, a mesothelioma legal firm can prove that the negligence of the asbestos company caused the asbestos-related illness through failing to adequately warn about the dangers of its products. The medical records of the victim can be used to establish a connection between the exposure and the mesothelioma diagnosis.

If a mesothelioma patient accepts a settlement offer the companies involved will end all negotiations and pay a sum of money that is assured to the victim. Settlements are a great option for those who cannot afford to wait for the decision of a trial. Remember that settlement offers can change as the court considers evidence and considers arguments from both parties.

A jury or judge decides if the business is liable for asbestos, and the amount they are required to pay. Trials can last from just a few days to months. The outcome of a court trial is contingent on the quality of the evidence and the ability of the lawyers for both sides.

Many asbestos lawyers will advise their clients to settle for a settlement since it is the most efficient way to receive compensation. A mesothelioma lawyer will look into all legal options in order to maximize compensation for the victim. In some cases, it may be better to pursue a trial and hope for a higher verdict. In this case, the attorney representing the victim will argue that the corporate veil needs to be removed and the parent company be held accountable as well as the subsidiary.

Statute of limitations

One of the most important things that can impact an asbestos lawsuit is the statute of limitations, which sets a time limit on how long a person has to file a claim or lawsuit. The deadlines vary by state, and plaintiffs have to be aware of the laws in their area. If you are concerned that your time-limit has expired, contact a qualified asbestos attorney right away. They can assist you in determining whether there are exemptions, exceptions or special case circumstances that could extend your statutory filing period.

In the majority of states, the statute of limitation does not begin when an illness is first diagnosed. This can be complicated by the fact that mesothelioma, and other asbestos-related diseases take a long time to manifest.

There are a variety of states that have different statutes for personal injury and wrongful death claims. Personal injury lawsuits are typically filed by living persons who adhere to the statutes of limitations imposed by their home states. The family members of a deceased person may 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 impact the statute of limitation is the location where the victim lived or worked. If a person was exposed to multiple places or has been diagnosed with multiple illnesses, then the applicable law will be determined by the place where the majority of the exposure occurred or the place where the diagnosis was made. This can create issues for people who have moved to a new state or were diagnosed after the statute of limitations passed in their home state.

In some cases the deadline for filing required by law can be extended due particular circumstances or an order from a court. However, this is rare. To safeguard your rights, if you suffer from a serious illness such as mesothelioma, you must file a lawsuit against asbestos or mesothelioma as soon as you can. To ensure that you don't miss your opportunity to receive compensation, contact a qualified asbestos lawyer immediately. Pasadena asbestos lawsuits at Dreyer Boyajian LLP have achieved multi-million-dollar outcomes in a variety of complicated cases involving exposure to hazardous substances.