Making an Asbestos Trust Fund Claim: The Role of a Mesothelioma Lawyer
An asbestos trust fund claim could be one of the major sources of compensation for a mesothelioma victim. When manufacturers of, distributors of or users of asbestos products were sued by a high number of plaintiffs, some of the companies filed for bankruptcy protection. According to Section 524(g) of the United States Bankruptcy Code, some of the companies created asbestos trust funds to cover eligible current and future claims for compensation. The U.S. Department of Justice states that asbestos trusts take care of claims evaluation and payment.
However, making an asbestos claim for compensation for a mesothelioma patient or his or her surviving family members may not be as easy as filling out a form. Every asbestos trust may have its own requirements for filing claims including specific requirements for documents, evidences, deadlines etc. In order to be eligible for the asbestos claim, a person needs to present evidence of his or her diagnosis, employment history, exposure to particular asbestos products of the company and other information required by the asbestos trust.
The involvement of an experienced mesothelioma lawyer may be very useful in this case.
A lawyer may conduct a thorough investigation and find out where and when the asbestos exposure occurred, which companies should be responsible for such exposure, which of them have asbestos bankruptcy trusts and find out requirements for claiming from the trust.
Besides, an asbestos lawyer will be able to gather all the necessary documents and present evidence according to the trust requirements.
It is important to know that an asbestos trust fund claim is quite different from ordinary lawsuit. An asbestos trust works under bankruptcy proceedings terms and some people may have a chance to make a claim from a solvent company, depending on the case facts and state law.
Asbestos cases usually involve numerous employers, products, manufacturers, places of exposure and other parties. Therefore, finding all possible sources of compensation may require serious investigation efforts.
In case of a mesothelioma diagnosis, consulting a lawyer will give you an opportunity to know about possibilities of claiming from asbestos trust fund and gather necessary evidence
What Is an Asbestos Trust Fund?
Asbestos trusts are typically formed as a consequence of the bankruptcy of a company in order to take care of its current and future asbestos liabilities. Section 524(g) was formed by Congress to resolve asbestos claims against bankrupt firms. According to the United States Department of Justice, over 60 asbestos trusts were set up by Chapter 11 debtors with asbestos liabilities as of 1994.
The point is to provide a process of compensation for the claimants instead of suing the firm in question through litigation.
Not everybody who was ever exposed to asbestos is eligible for the funds. Each trust establishes certain criteria which need to be fulfilled by each person applying for compensation. These criteria vary from trust to trust greatly.
For instance, it may demand the claimant's qualification by an asbestos disease, prove of exposure to the products of the bankrupt firm or the activities of this firm, information on the occupation and place of residence at a particular time of exposure, and more. The medical documents are especially important.
The mesothelioma lawyer starts with creating a history of asbestos exposure of the person making a claim. He reviews the history of his occupation and military service, places of work, list of employers, types of products he has used, where he has lived, and other sources of asbestos exposure.
Then he compares this data with the databases, company history, product descriptions, prior asbestos litigation, and requirements of particular trusts.
It is important to investigate the issue because the development of mesothelioma can occur decades later after exposure to asbestos. Thus, a patient diagnosed now may have no recollection of all possible sources of exposure.
Moreover, a lawyer may find out that the patient has been exposed to asbestos several times. It means that he has claims to a few trusts if he meets the requirements.
It is vital to be accurate while filling a claim form. Justice Department has paid special attention to the importance of providing accurate data in asbestos trust claims.
Thus, people need to fill the claim form with complete and truthful information about their exposure history without guessing
Role of a Mesothelioma Lawyer in Processing a Trust Claim
Probably the most prominent benefit of working with a competent mesothelioma lawyer is assistance with collecting evidence and preparing the claim.
A trust claim may necessitate a number of types of documents depending on a particular trust including medical records, pathology reports, employment records, Social Security information, military records, witness statements, and evidence linking the claimant to asbestos-containing products or operations.
Thus, the lawyer may help to establish what documents are available and what additional documents should be requested.
Investigation of Asbestos Exposure
First of all, an attorney may want to reconstruct the history of the claimant's exposure to asbestos. To do this, he or she may want to find out all the details related to the claimant's previous occupations, job responsibilities, workplaces, equipment, construction materials, manufacturers, military assignments, and other instances of possible asbestos exposure.
In addition, the relatives of the claimant can also provide valuable information, especially when the person is seriously ill and has difficulties with recalling the past events.
Identification of the Trust
After investigation of exposure, the lawyer can research the companies associated with the claimant's history and find out if they filed for bankruptcy and established an asbestos trust.
It is important to understand that it may be difficult due to changing company names, mergers, selling of product lines or liability.
Preparation of Documentation
Then the lawyer can prepare the claim in accordance with the requirements of a particular trust. This may include filling out the claim forms, collecting medical evidence, providing information about employment and establishment of product or company exposure.
Examination of Possible Claims
In addition, a lawyer may want to consider if there are other legal claims apart from the asbestos trust. It means that there may be claims against solvent companies, manufacturers, premises owners, and other potentially responsible parties.
Whether such claims are possible or not depends largely on the state laws, details of exposure, and statute of limitations.
Moreover, it is very important that all the information provided to different trusts and courts was consistent. Thus, the Justice Department drew attention to the problem of misleading or conflicting information in asbestos proceedings.
As a result, a competent attorney does much more than filling out a claim form
What Is the Potential Value of an Asbestos Trust Claim?
The exact value of any asbestos trust claim depends on various variables including the trust's payment structure, the type of disease, level of proof, circumstances of the claimant, and the trust's payment percentage.
Some trusts will establish a scheduled value of qualifying diseases and apply a payment percentage. Therefore, the exact dollar figure could be quite variable depending on the trust and the individual claim.
A mesothelioma lawyer will be able to examine the specific trust document and inform you about the valuation of your claim. No lawyer can guarantee any recovery until the claim has been evaluated.
Trust Claim vs. Lawsuit
An asbestos trust claim does not necessarily mean the only way to seek compensation. There might be some other options available including filing claims against solvent companies.
There could be many important issues like statute of limitations, statute of repose, bankruptcy process, prior settlement, and other sources of recovery depending on state law.
An attorney will be able to analyze all of your options based on your case history.
Why Time Matters in Mesothelioma Cases
There are many timing issues associated with a mesothelioma case. For example, statutes of limitation might be applicable and affect your right to file a lawsuit. In other words, the specific statute could dictate when you have a right to file a claim.
The deadline could depend on many variables including the location of your exposure, state you currently live in, when you received the diagnosis, and whether the patient filed the claim or his/her representatives.
This is the reason why mesothelioma patients should not delay the consultation with a lawyer.
Compensation of Future Claimants
The primary goal of the asbestos trust is to pay claims both now and in the future. The Justice Department had concerns regarding the possibility of filing improper claims and reduction of funds available for the future claimants.
This is the reason why documentation is very important.
A skilled mesothelioma lawyer will assist you in preparing your claims and presenting them consistently to the trust. The point is not to file as many claims as possible but to file only valid ones
Finding a Mesothelioma Lawyer for Your Asbestos Trust Claim
Hiring the proper attorney will make the process less overwhelming, especially when a claim requires handling a large volume of employment and exposure records going back decades.
When considering mesothelioma lawyers, it's best to find out what experience the attorney has with asbestos lawsuits and asbestos bankruptcy trusts. The firm should specialize in trust claims and have knowledge of the varied procedures of individual trusts.
It would be great if the firm could tell you what kind of investigation it will conduct in your case. It could include employment records, product research, medical documents, witnesses' statements, and many other pieces of evidence.
It is also very important to find out what kind of fee structure a mesothelioma lawyer will apply in your case. Many asbestos attorneys use a contingency-fee arrangement, meaning that the lawyer usually gets his or her percentage of the recovery amount rather than charges for hourly services. But there are various arrangements that should be studied in detail.
Questions to Ask an Attorney
It might be useful to ask:
- How experienced are you in mesothelioma lawsuits?
- How many asbestos trust claims did you handle before?
- How are you going to investigate my asbestos exposure?
- Which asbestos trusts might fit my case?
- Are there any ways to get compensation outside of trust funds?
- What are the deadlines that could influence my case?
- How will attorney fees and costs of the case be handled?
- Who will be communicating with me through the process?
Conclusion
The asbestos trusts are one of the potential sources of compensation for eligible mesothelioma victims and their families. But this process is accompanied with the requirements for evidence gathering, historical exposure investigation, medical records, and numerous trust procedures.
An attorney specializing in mesothelioma can assist you in investigating the origin of your asbestos exposure, determining eligible trusts, collecting evidence, preparing claims and exploring other legal options available.
Depending on your location and the specifics of the case, the information about deadlines, eligibility for compensation from a particular asbestos trust and other legal issues must be tailored to your case specifically. No article can give you this personalized information.
If you have been diagnosed with mesothelioma or another asbestos-related condition, it may be a good idea to speak to a reputable mesothelioma attorney. Prompt investigation will help you because it becomes increasingly hard to collect evidence about employment, product used, witnesses, and the circumstances of exposure.
Legal disclaimer: This article provides general informational purposes only. The eligibility for asbestos trust compensation, potential recovery amounts, deadlines, and other rights depend on the specifics of your case and the laws of your location
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
