Mesothelioma Trust Funds
Pursuing Every Avenue to Win Compensation for Our Clients
As a mesothelioma patient, you have the right to file a claim against the company or companies that exposed you to asbestos earlier in your life. What happens if that company has gone out of business, as many that relied on this toxic substance have? This is a question we hear a lot, and if it’s worrying you, we want you to know you still have options for compensation.
There are three ways mesothelioma victims can win compensation: through a successful claim against one of these trusts, by negotiation a settlement, or by winning a jury verdict. We can help you explore all your options and represent you in the routes you choose to pursue.
Call Robins Cloud LLP today at (888) 495-1250 or contact us online to schedule a consultation with our attorneys.
What are Mesothelioma Trust Funds?
Mesothelioma trust funds are financial reserves established by companies that have been held liable for asbestos exposure. These funds are set up to provide compensation to individuals who have developed mesothelioma or other asbestos-related diseases as a result of exposure to asbestos from these companies. The purpose of these trust funds is to ensure that victims can receive compensation even if the companies responsible have declared bankruptcy or no longer exist in their original form.
How Do I Qualify for Compensation from a Mesothelioma Trust Fund?
To qualify for compensation from a mesothelioma trust fund, you must provide evidence that your mesothelioma diagnosis is linked to asbestos exposure from a specific company that has a trust fund established. This typically involves medical documentation of your diagnosis, a detailed work history or evidence of exposure, and sometimes testimony or affidavits from coworkers or experts. Each trust fund has its own criteria and processes, so it is important to carefully review the requirements of the specific trust fund you are applying to.
How Much Compensation Can I Receive from a Mesothelioma Trust Fund?
The amount of compensation you can receive from a mesothelioma trust fund varies depending on several factors, including the specific trust fund’s payment percentage, the severity of your illness, and your exposure history. Trust funds often use a payment percentage system, which means they pay out a fraction of the total value of a claim to ensure that there are enough funds available for future claimants. The actual amount can range from a few thousand dollars to several hundred thousand dollars or more, depending on these variables.
How Long Does It Take to Receive Compensation from a Mesothelioma Trust Fund?
The time it takes to receive compensation from a mesothelioma trust fund can vary widely. Some claims may be processed and paid out within a few months, while others may take a year or more. The timeline depends on factors such as the complexity of your case, the completeness of your documentation, and the specific procedures of the trust fund. Working with an experienced mesothelioma attorney can help expedite the process by ensuring that all necessary information is submitted correctly and promptly.
What Is a Bankruptcy Trust?
Most companies, when they find themselves irreparably in debt, file for bankruptcy. This process allows the company to liquidate or reorganize in order to meet debt obligations. Normally, there’s no way to file a claim against a company that’s already gone bankrupt. Congress foresaw this problem more than 2 decades ago and amended the Federal Bankruptcy Code to require companies that worked with asbestos to create a fund for the payment of mesothelioma claims as part of Chapter 11 bankruptcy proceedings.
Given the vast number of mesothelioma cases and the cost of medical care, these trusts do not have nearly enough funding for all the victims who have come forward. This is why working with a lawyer is important to help represent your best interest and fight for what you deserve.
Making a Claim Against a Trust Fund
Once an asbestos trust fund is created, it’s overseen by an administrator who has the authority to reject or accept claims. Most of these funds have a comprehensive application process that requires heavy documentation. An experienced mesothelioma attorney can help you review the criteria and put together an application that includes all the necessary evidence.
However, because these trusts are under-funded, the offer you get from the administrator is likely to be much lower than the amount you need. Having a lawyer to fight for you can be essential to receiving more than the minimum offer.
Contact Robins Cloud LLP today to schedule a consultation with our team.