Asbestos trust funds claims
The first asbestos trust fund was set up in 1987 by Johns Manville, a company that heavily exposed their workers to asbestos during the last century. Asbestos trust funds provide former workers with financial compensation after the person files a claim with the help of a specialized attorney. Since 1990, asbestos trust funds have paid out approximately $20 billion, with $15 billion going to asbestos exposure victims only between 2006 and 2012. The claim must be accompanied by solid evidence of asbestos exposure and of related diagnosis, which your attorney and their legal team will help you gather. You can apply for compensation with more than one asbestos trust fund if you were exposed to asbestos by multiple companies.
To obtain money from asbestos trust funds, you do not need to file a lawsuit. Asbestos trust funds were established by companies that filed for bankruptcy and are no longer active, so if your employer is still in business, you will need to file a lawsuit against the company. However, these cases are rare, as there are 65 active asbestos trust funds at the moment throughout the country. The average payout of a trust fund is $41,000, but the amount of compensation usually ranges between $23,000 and $101,000. Nonetheless, the sum of money you will receive from every asbestos trust fund your claim will be filed with highly depends on the severity of your diagnosis. For instance, people who struggle with mesothelioma, the most serious disease asbestos exposure can cause, will receive the maximum compensation available. Other factors that will determine the sum of money you are eligible for include:
- the duration of your asbestos exposure
- the extent of your asbestos exposure
- the amount the asbestos trust fund has
- cost of medical expenses
- the age of the asbestos victim
- lost wages and earnings
- impact on the family
- pain and suffering
- family situation
It is worthy of note that if you struggle with mesothelioma or another terminal disease, your asbestos claim will be expedited so that you can receive the compensation you deserve within a shorter period of time. If you are too ill to participate in the legal process, a family member can help you navigate it. The waiting time from the moment your attorney submits your claim to one or more asbestos trust funds and the moment you receive your compensation ranges between 3 months to 1 year, depending on how fast you send your attorney the necessary documents, the severity of your diagnosis, as people with terminal illnesses have priority, as well as on how many claims the asbestos trust funds have to process at the time.
Veterans also have priority, as they often struggle with serious diseases as a result of military asbestos exposure and the majority of them are also elderly. By filing your claim with multiple asbestos trust funds, you will receive the maximum compensation available for your diagnosis. It is crucial to work with a specialized attorney if you intend to seek compensation for the disease you came to struggle with as a result of occupational asbestos exposure, as the process is very complex and tedious. While you can file a claim on your own, it will most likely not result in the compensation you are looking for. Our law firm filed and submitted over 20,000 asbestos claims in 2019. It is important to know that your case will always be confidential.
There are 3 types of asbestos claim review, as follows:
- expedited review: with an expedited review, your asbestos claim will be processed faster and you will thereby receive the compensation you are eligible for within a shorter period of time
- individual review: if you are seeking a larger amount of compensation, your attorney will submit your asbestos claim with individual review
- extraordinary review: people who struggle with terminal diseases, such as mesothelioma, can have their asbestos claim filed using extraordinary review, which will result in compensation within the shortest time possible
Disability claims with the VA
People who served in the U.S. military between 1920 and 1970, when asbestos was highly prevalent and developed a disease as a consequence of exposure can file a claim with the VA for disability compensation. Once again, the assistance of a lawyer whose main area of practice is toxic exposure is crucial, as the process of filing a claim with the VA is also very complex and requires solid evidence, which their legal team will gather for you.
The VA assigns a disability rating that ranges between 10% and 100% to veterans injured by asbestos exposure, depending on how severe their diagnosis is. In addition to disability compensation, you may be eligible for other benefits from the VA if you were injured by asbestos exposure, such as special monthly compensation, dependency and indemnity compensation, as well as free or low-cost healthcare.
Social security disability benefits
Were you diagnosed with mesothelioma which occurred following asbestos exposure before your retirement age? In this case, you may be eligible for social security disability benefits, as the Social Security Administration recognizes mesothelioma as a debilitating disease.
To obtain this type of compensation, you will need to work closely with your physician and attorney, since solid evidence of your illness, such as pathology reports and operative notes, should be gathered before applying for social security disability benefits. If you provide all the necessary documents to support your disease, your application will certainly be approved.
Worker’s compensation benefits
Oftentimes, asbestos victims need to leave their job due to the tremendous suffering caused by their disease. If this is your case, you can receive worker's compensation benefits. A knowledgeable attorney will be able to help you file a claim and obtain the money you deserve. Since both asbestosis and mesothelioma are considered occupational diseases, there should be no problem in applying for this type of compensation. The benefits include temporary or permanent disability income, help in finding another job, and the coverage of medical costs.
Lawsuits if the company is still in business
In the rare case that the company responsible for your asbestos exposure is still in business, our attorneys will file a lawsuit against it. However, this will rarely be necessary, as the majority of renowned asbestos companies have asbestos trust funds nowadays, which speeds up the process of recovering compensation significantly.
If your attorney files a claim with one or multiple asbestos trust funds, you will not have to go to court, as a lawsuit will no longer be necessary. Your involvement in the legal process will thereby be minimal, as you will only have to thoroughly explain your situation to your attorney and provide them with the documents they need, namely your employment or military records and your medical records, which will stand as evidence to support your claim.
Legal assistance in wrongful death asbestos exposure cases
It is also important to know that a family member can receive compensation for a loved one who passed away due to a disease caused by asbestos exposure by filing a wrongful death claim. Oftentimes, victims of asbestos exposure refuse to pursue a claim for compensation during their lifetime, usually out of fear or a long and complicated process. Nonetheless, the legal process will require minimal involvement on your part, as you will only have to explain your situation to your attorney and provide our legal team with the necessary documents.
Moreover, if you are a victim of secondary asbestos exposure, meaning that you came in contact with the carcinogenic mineral indirectly, by living under the same roof as a family member who worked with asbestos, you can obtain financial compensation as well, regardless of the severity of your disease. As for people who lose their lives during the pursuit of a claim, a family member can step in and continue the legal process on their behalf in order to obtain the money they would have deserved.