Mesothelioma victims and their families have two pathways to compensation for the disease: trust funds and lawsuits. Several factors play into the decision to pursue a trust fund or file a lawsuit. While each has the potential to compensate injured parties, they differ in numerous ways.Find Out If You Qualify for Compensation
Asbestos trusts, also known as mesothelioma compensation funds, were formed after thousands of injured workers started filing lawsuits against at-fault companies. The companies, in response, filed bankruptcy to limit their financial obligations. The courts demanded these companies establish trust funds to ensure injured victims would receive monetary compensation that could help pay for medical treatments and living expenses.
Victims have two options when considering an asbestos-disease lawsuit – personal injury and wrongful death. Claimants file personal-injury lawsuits to receive compensation from companies that exposed them to asbestos. Family members file wrongful death suits to hold companies accountable for their loved one’s death.
Both trust funds and lawsuits utilize the legal system to compensate injured asbestos victims and their families, but there are distinct differences between an asbestos trust fund vs. a lawsuit. The methodology and procedure for collecting compensation differ, as follows:
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|Trust Fund Process||Lawsuit Process|
|Determine if an attorney would be helpful throughout the claims process. Claimants who use an attorney can count on a smoother course than those who try to go it alone. Attorneys have the experience, understanding and resources to compile all of the necessary documentation and clear the red tape.||Claimants meet with an attorney to provide the necessary information and determine which company or companies are responsible for asbestos exposure.|
|Collect all of the vital paperwork and information related to the claim, including employment and health history, proof of exposure to asbestos, evidence of a connection between the claimant and the asbestos-containing products and witness statements.||Attorneys file a written complaint against the at-fault company. The process may take time because many companies that used asbestos have filed bankruptcy or gone out of business.|
|Decide which type of claim to file: expedited or individual||The defendant companies present their response to the lawsuit. Since the companies rarely admit fault, the claimant’s attorney will counter the defendant’s claims in writing.|
|Submit the request to the proper trusts and include all appropriate records.||Lawyers on both sides will begin collecting information and facts about the case. Claimants will have to meet with attorneys for depositions. The defending company will work to discredit the claims.|
|Answer trustee questions and gather additional paperwork if necessary. If claim documents are filled out wrong or inaccurate information is provided, claimants must correct the inaccuracies. Attorneys usually handle trustee questions with the claimant’s input.||Sometimes the company will propose a settlement to keep the case out of the courts and the public eye. At this point, the attorneys may negotiate the best arrangement.|
|Collect claim settlement amount. Settlement amounts vary by trust and disease level. While trusts can pay claimants via paper check, most trusts pay through direct bank deposits.||Most cases do not make it to trial. When they do, claimants are often not required to appear in court. If the claimant wins, the defendant has the right to appeal the verdict, which can take several months. The appeal will delay the monetary award, but the company must post a bond equal to the award amount. The verdict can be upheld or overturned during the appeal.|
In filing trust claims, patients and their families must provide documentation that proves the connection to the at-fault companies and the resulting illness. Claimants can file for either an expedited or individual review.
Expedited reviews are paid out based on the level of disease (with mesothelioma being the most severe). The trustees, or administrators who oversee each trust, determine the amount of compensation. The U.S. Office of Government Accountability estimates that about 98% of all trust claims are processed through the expedited review system.
Individual reviews provide an in-depth look at each case and fund the requests based on distinctive characteristics of the case. In some cases, claimants receive more through an individual review, but it often takes longer than expedited reviews.
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Asbestos victims whose injuries are a result of exposure to multiple products or worksites can file multiple trust fund claims or mesothelioma lawsuits. However, lawsuits cannot be filed against trust funds or companies that went bankrupt.
In the past decades, more than 120 companies have filed bankruptcy as a result of asbestos liabilities. Of those, more than 60 companies – both large and small – have created asbestos trusts. Many of the companies were trying to use bankruptcy to shirk their responsibilities to injured workers. Instead, the court system forced the companies to set aside money to help the workers.
About 35 of the largest companies that filed bankruptcy hold billions of dollars in trust. Many claimants receive payments from multiple trusts because each trust operates independently and workers were exposed to multiple products.
In some cases, claimants can benefit from filing both trust claims and lawsuits. Some states have provisions that require trust claims to be settled before asbestos-related lawsuits are filed. In all cases, claimants must prove they were exposed to the company’s asbestos-containing products.
It is important to carefully consider all of the options when considering an asbestos trust fund claim or lawsuit. Consult with a qualified mesothelioma attorney before making any decisions.
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Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.Learn More