Estate Claims and Asbestos Claims Law

When a person dies from asbestos-related illness, their family can file an estate claim and receive financial compensation. This compensation may help cover funeral expenses and remaining medical bills.

Many companies that manufactured asbestos-containing products filed for bankruptcy. This created large funds to pay the victims. However the funds have been depleted and settlement amounts are being reduced.

Bankruptcy Trusts

As asbestos became more widely recognized as a health risk, companies that manufactured and used it were slapped with massive lawsuits from victims. Many of these companies filed for Chapter 11 bankruptcy in order to protect themselves against any further liability. The courts compelled them to set funds aside in trusts to cover future claims. Trusts will handle future litigation, not the reorganized firm. A trustee oversees the asbestos lawsuits claims process and ensures that there is enough money to pay the asbestos victims.

However the secrecy surrounding trusts has led to fraudulent asbestos claims payouts. In one study, researchers found that individuals without malignant asbestos injuries accounted for 86 percent of all claims paid by trusts and 37 percent of all settlements. In addition, a recent court decision in the United States bankruptcy case In Re Garlock Sealing Technologies LLC noted an "significant pattern" of fraud by asbestos claimants and law firms. Key evidence, such as the identification of the product, was not disclosed.

A mesothelioma lawyer can help you select the most suitable asbestos trust for your claim. Each asbestos trust sets its own standards for determining eligibility, including evidence of diagnosis and working history. You must also provide the doctor's confirmation that your health issue is caused by asbestos exposure. Your attorney will make sure that your asbestos trust file complies with all the requirements and gather additional evidence to prove 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 quicker than other claims and allow for a larger compensation award. To be eligible for an expedited claim you must meet certain criteria that are laid out on the asbestos trust's website. These include meeting certain requirements for employment and medical and having a doctor's note that indicates you suffer from an asbestos-related disease.

The asbestos trust claims process is complex and should be handled by an experienced mesothelioma lawyer. Dreyer Boyajian LLP can help you navigate the numerous rules and regulations for asbestos trusts to ensure you get the compensation you are entitled to. The firm can also help learn the differences between these claims from lawsuit awards as well as VA claims.

Settlements

A settlement is an agreement between a plaintiff and an asbestos company to end a lawsuit. It can occur before or during an investigation. Plaintiffs may choose to accept, counter or reject any offer. A mesothelioma lawyer is able to eval help families and victims to file claims by examining the options available. Mesothelioma, asbestos-related diseases and their effects can be devastating to patients and their families. Dreyer Boyajian LLP's asbestos attorneys have helped clients achieve multi-million dollar settlements in variety of complex cases. Contact our New York office to schedule a confidential meeting with one of our experienced lawyers.

Trials

Asbestos firms are aware that they are at a high risk of being found responsible in lawsuits brought by victims who have been diagnosed with an asbestos-related illness. Instead of battling for large verdicts asbestos defendants often opt to settle their cases. A knowledgeable mesothelioma attorney can help victims understand the pros and cons of pursuing the possibility of a trial or settling.

A mesothelioma lawyer can gather information regarding a person's exposure history and pinpoint the asbestos-related companies or products that are accountable. Multiple defendants are involved in some asbestos cases since exposure to asbestos is usually a result of a variety of sources.

In settlement negotiations, a mesothelioma legal firm can prove that the asbestos firm's negligence caused the asbestos-related disease by not adequately warning about the risks associated with its products. The victim's medical record will be used to prove the connection between exposure and mesothelioma.

When a mesothelioma sufferer accepts a settlement offer the companies involved will stop any negotiations and will pay a certain amount that is guarantee to the victim. Settlements can be a good solution for victims who are not able to wait until conclusion of a trial. Remember that settlement offers can change when the court examines evidence and hears arguments from both sides.

A judge or jury decides if the company is responsible for asbestos lawsuit and how much they must pay. Trials can last from one or two days to months. The outcome of a court trial depends on the strength of the evidence as well as the skill of the lawyers for each side.

Many asbestos lawyers will advise their clients to accept a settlement as it is the fastest way to get compensation. A mesothelioma lawyer will look into all legal options in order to maximize the compensation offered to a victim. In certain situations, it is better to go through a trial in order to obtain a better verdict. In this case the lawyer representing the victim would argue that the corporate veil should be lifted and the parent company be held accountable as well as the subsidiary.

Statute of limitations

The statute of limitations is among the most important factors that can affect the outcome of an asbestos lawsuit. It establishes a timeframe for when someone can make a claim or lawsuit. The deadline varies by state and victims should be familiar with the laws in their jurisdiction. Contact an asbestos lawyer immediately when you're worried that your statute of limitations is over. They can help you determine whether there are any exemptions, exceptions or special circumstances that could prolong the time frame for filing statutory claims.

In the majority of states, the statute of limitation is not in effect when an illness is first diagnosed. This is made more difficult due to the fact that mesothelioma, and other asbestos-related illnesses, can take decades to become apparent.

Many states have different statutes of limitation for personal injury and wrongful deaths. Personal injury lawsuits are typically filed by living individuals who adhere to the statutes of limitations imposed by their home states. The family members of a deceased person may file a wrongful death suit. These cases are governed by the laws of the state in which the decedent resided at the time of his death.

The location of the victim's employment or residence may also impact the law. If the victim was exposed to multiple locations or was diagnosed with multiple illnesses the law that applies to them may be determined by the place where the bulk of their exposure occurred or the place they were diagnosed. 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 certain instances the filing deadline may be extended in certain circumstances or by a court order. This is not a common occurrence. To ensure your rights, if you suffer from a serious disease such as mesothelioma, you must file a lawsuit against mesothelioma or asbestos as soon as you can. Get in touch with an asbestos attorney immediately to ensure that you do not miss out on the chance to be awarded compensation. The lawyers at Dreyer Boyajian LLP achieved multi-million dollar results in many complicated cases involving hazardous exposure.