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Asbestos Trust Funds vs. Lawsuits for Mesothelioma Survivors

Have you or a loved one been diagnosed with mesothelioma? Mesothelioma is a rare form of cancer, most commonly caused by occupational exposure to asbestos. Asbestos, widely used in construction and industrial products, becomes inhaled and mesothelioma can occur years, and even decades, after initial exposure. Having a legal team that understands how to properly litigate your case, but works just as diligently to ensure your medical needs are met, is what sets Bailey Cowan Heckaman apart as a leading legal team for those diagnosed with Mesothelioma. 

Everything You Need to Know

Major companies knew that they were placing their employees in harm’s way when they were working with asbestos. As the employees were coming up sick they tried to deny any wrongdoing, and would even file bankruptcy to avoid the responsibility of owning up to their mistakes. 

Asbestos Trust Funds were set up to combat those companies who would file for bankruptcy as a way to avoid compensating their employees. A trust fund claim is usually fulfilled sooner than a lawsuit as it’s only reviewed by a trustee and not through the court system. 

Asbestos Lawsuits Basics

Working with a legal team that has a high record of success ensures that the lawsuit can be filed with confidence. If you are filing a personal injury lawsuit, you are filing for yourself for the injuries and illnesses that you have suffered. 

If you are filing a wrongful death lawsuit, it is on behalf of your family for the loved one you have lost due to mesothelioma. Even if you are unsure where your mesothelioma came from, BCH is able to help locate the source and get the compensation you deserve.

How to File an Asbestos Lawsuit

Companies that produced the asbestos products can be held liable, so you and your family have a right to file a lawsuit against them. Most people who have been diagnosed with mesothelioma had exposure through their place of work, but these lawsuits are filed against the actual manufacturer, and not your employer. 

Here are some steps that you can take to ensure the best results for your case: 

  • Consult with a legal team
  • Investigate the damages
  • Formally file the lawsuit
  • Gathering information formally to be produced for trial
  • Negotiate a favorable settlement
  • Be prepared to go to trial

Filing an asbestos lawsuit can be a lengthy process, but with the right legal team you have a more supported and personal case.

Advantages of Asbestos Lawsuit

Although lawsuits are a lengthier process, the trust funds have been depleted over the years and have been known to pay out a fraction of what claimants deserve, or even need. If an asbestos product manufacturer has not declared bankruptcy they have not established a trust fund so a lawsuit must be pursued and not a trust fund claim.

Asbestos Trust Fund Basics

Asbestos was banned in the 1980s, but exposure cannot be undone. At the time you are diagnosed with mesothelioma the company that produced that asbestos could be out of business, and if that’s the case they can’t be sued for the damages that they’ve caused. So the asbestos trust funds were created to provide that compensation years and decades later.

Do You Need an Attorney for an Asbestos Trust Fund Case?

When you pursue financial compensation for mesothelioma you only have one opportunity to do so. Filing these claims without a legal team can put you in a position to miss a deadline, or blunder when it comes to the legal hoops you need to jump through. 

Even the ongoing research and discovery portions of your claims can be overwhelming while dealing with a diagnosis or a loss in the family. Legal teams will be able seize the opportunity for you and ensure you receive justice. 

Criteria for Asbestos Trust Funds

Pursuing an asbestos trust fund claim starts with proving the exposure that led to your mesothelioma diagnosis. A trained legal team will then be able to comb through documents and history to identify the manufacturer that is liable for your compensation. 

Benefits of an Asbestos Trust Fund

Victims who file trust fund claims receive compensation that is based on the trust fund’s payment percentage. While some trust funds have been depleted, an experienced legal team will be able to pinpoint multiple liable parties and file multiple claims. 

  • Faster process than a lawsuit
  • More opportunities for compensation
  • Multiple review options
  • Compensation is received sooner

Which is Right for You?

Deciding on whether to file a trust fund claim or a lawsuit is a difficult decision that should be discussed with your attorney. Sometimes you will start to pursue a TFC and realize a lawsuit is necessary, or vice versa. This is why it is important to have the correct and experienced legal representation to advise you. 

The Importance of the Right Legal Representation

Experienced mesothelioma lawyers can handle all of the intricacies of your claims, meet the complicated deadlines and ensure the maximum compensation. Asbestos lawyers handle the stresses of your claims and can ensure that everything goes smoothly and that even the wording of your claim has the best impact for your compensation. 

Bailey Cowan Heckaman: Your Mesothelioma Advocates

Mesothelioma cases are extremely emotional and personal and as your experienced legal team we at Bailey Cowen Heckaman take it personally. We are able to meet with you in the comfort of your own home during this difficult time and then bring you the compensation and justice you and your family need and deserve. 

Fighting to recover things like medical expenses, funeral costs, suffering and damages, and more we work closely with medical teams to ensure that our commitment coupled with our resources have the largest impact on your case. 

Contact us and our firm for a more precise estimate on your mesothelioma case. 

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