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Return to Asbestos BlogAsbestos trust funds are one of the best (and the most unknown) options for receiving compensation related to asbestos disease. However, when it comes to the challenges of asbestos exposure and the financial and emotional difficulties that often occur as a result, it is more important than ever to know as much as you can about asbestos trust funds. Here is an overview of asbestos trust funds, including how to file a claim and get the compensation you deserve.
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If you may have been exposed to asbestos, even when you were a child, speak to your healthcare provider about tests and screening to help detect the presence of asbestos fibers and asbestos-related diseases.
The Complications of Asbestos Cases and Asbestos Claims
One of the most complex issues when it comes to asbestos- and one that usually deters some people from seeking compensation- is the component of time. Often, it can be assumed that asbestos-related cases are going to take too much time, and those who are struggling with a debilitating disease related to asbestos are simply not able to devote the energy and time it takes to fight the battle from start to finish.
This is an understandable concern, but it should not deter anyone from seeking compensation.
| Over $30 Billion is still available (without a lawsuit). Stake your claim.  |
Understanding Asbestos Claims vs. Asbestos Lawsuits
It is true that the amount of time it takes to settle an asbestos case is dependent on many different factors. For one, it depends on whether the process falls under the category of a claim or a trial. This is one of the primary reasons why understanding asbestos trust funds is so important- which we will get to momentarily. A simple rule of thumb, however, is that asbestos trials will almost always take longer than a trust claim.
The Question of Time in Asbestos Claims
The reason for this is because of the comprehensive process of an asbestos trial. If a settlement cannot be reached pre-trial, the discovery phase will begin. This is essentially the fact-finding process of the trial, both for the plaintiff and the defendant. Both sides will be seeking evidence either to determine why compensation for an asbestos-related illness or injury is lawfully deserved or not. Plaintiffs will build their argument in order to establish a preponderance of the evidence, which means that they must provide proof of a more likely than not connection between the plaintiff’s asbestos-related disease and the responsibility of the defendant(s).
“Some asbestos fibers may bypass…your body’s natural defenses…and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.”Source: American Lung Association |
Asbestos Lawsuits can be an uphill legal battle.
Fortunately most asbestos trusts offer compensation without a lawsuit.
This legal process for acquiring compensation for the negative outcome of asbestos exposure has a rich and complicated history of almost 100 years. Early on, the first asbestos claims lawsuits were unsuccessful. Some plaintiffs died before settlements were ever reached, while others were paid off by asbestos companies in order to keep the settlements confidential.
In a world far different from the technological age we live in, it took a long time for this information to make it into the public sphere, even when some plaintiffs were beginning to win their cases. Thankfully, with the surmounting evidence brought against asbestos companies, especially regarding their negligence and failure to warn employees about the known dangers of asbestos, the uphill legal battle began to gain significant traction.
“The overall evidence suggests there is no safe level of asbestos exposure.”Source: National Cancer Institute (NIH)1 |
W.A.R.D. Asbestos Database
The aid of technology in proving your asbestos claim.
Today, there are more resources at the disposal of plaintiffs and even more for asbestos attorneys to help build a solid case during the discovery process. One of the technological examples includes an online database known as the worldwide asbestos research database (W.A.R.D). This database is publicly-accessible software that allows users to search based on state, city, and occupation to find legal information related to asbestos exposure sites.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >
What About Secondary Exposure?
People exposed to asbestos by a family member working around asbestos – people with secondary asbestos exposure – can frequently recover compensation from asbestos trusts.
Besides the fear of time, another element that often deters people from pursuing an asbestos claim has to do with secondary exposure. When it comes to issues like evidence, discovery, negligence, and other terms that have been mentioned already, it’s easy to think that the only way to receive compensation is by proving that you have worked firsthand with asbestos products or you worked in a facility that exposed you to asbestos.
Secondary Does Not Mean Rare: Secondary Exposure is Exposure
While this is certainly a common scenario, it is not the only one. Secondary asbestos exposure means being exposed secondhand, such as family members of workers. While second-hand asbestos exposure is harder to prove, it is still a common asbestos claim that can be entitled to compensation, based on the evidence. Despite any doubts or concerns about proving the case, you should know that secondary asbestos exposure claims are both possible and commonplace.
“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”Source: National Cancer Institute (NIH)2 |
The Difference of Asbestos Trusts
Asbestos Trust Compensation: No lawsuit, no deposition, no risk.
While all of these examples highlight the positive upward trend of asbestos lawsuits for holding companies responsible and compensating those who wrongly suffer from asbestos exposure, there are still reasons to look for a solution that does not involve going to court. This is where asbestos trust funds come into play.
Not only are asbestos trust funds an option to consider if time is a concerning factor, but they are also an easier option by comparison. Asbestos bankruptcy trusts were previously established by courts as a way to hold companies responsible and provide compensation for people who have been injured by asbestos exposure. Shockingly, these trust funds currently hold over $30 billion in unused funds!
The two main requirements that must be met when filing an asbestos claim include proof of product exposure and proof of an asbestos-related illness. Asbestos trust funds are much easier to deal with compared to lawsuits, but they must be sought after with the right evidence and research to ensure that you received the compensation you are entitled to.
Do You Qualify For Compensation?
Quickly and easily find out how you were exposed by searching W.A.R.D., the largest asbestos database on the planet.
FREE SEARCH >Having an Asbestos Attorney Fight For Your Compensation
This highlights one of the reasons why having an asbestos attorney is so important. First, these professionals are truly experts in the world of asbestos claims. They have the advantage of experience, research tools, and the legal know-how to fight for victims. Having an asbestos attorney can make the entire process that much easier and stress-free for you. Best of all, asbestos attorneys only get paid once you get paid, so there’s no risk.
However, because of the statute of limitations that exists for seeking compensation, as well as the aggressive nature of asbestos-related illnesses, time is truly of the essence. If you or someone you love has been exposed to asbestos, reach out to the professionals at AsbestosClaims.law right away to find out what your options are.
AsbestosClaims.Law
For Justinian C. Lane, getting compensation for asbestos victims is personal.
Justinian’s grandparents and his father all worked with asbestos in their younger years and died from asbestos-related cancers in their later years.
At the time of each of their deaths, no one in Justinian’s family knew that they were eligible to file an asbestos lawsuit and to seek compensation from the asbestos trusts.
Because no one in Justinian’s family knew their options, they never received any compensation for the death of their loved ones.
If you believe that you or your family member’s injury was related to asbestos exposure, you could be entitled to significant compensation.
This is money you could use to cover the costs of asbestos removal services, pay for medical treatment, and preemptively protect your physical well-being.
There are also asbestos trusts that offer compensation much more quickly and easily (without filing a lawsuit.)
If you’d like help with filing a claim, please get in touch by email at [email protected], or call or text us at (833) 4-ASBESTOS (427-2378) or (206) 455-9190. We’ll listen to your story and explain your options. And we never charge for anything unless you receive money in your pocket.
In addition to legal claims, veterans disability, social security and employment protection like workers compensation, FELA and The Jones Act for maritime workers, there are asbestos trusts that have been set up to compensate those harmed by asbestos without having to file a lawsuit.
There is no risk or cost to speak with one of our staff about your asbestos litigation. There are no fees unless you receive money.
If you have any additional questions or concerns related to asbestos, check out our website and YouTube page for videos, infographics and answers to your questions about asbestos, including health and safety, asbestos testing, removing asbestos from your home and building, and legal information about compensation for asbestos injuries.
Introducing the largest database of asbestos information on the planet.
W.A.R.D., which stands for the Worldwide Asbestos Research Database, helps clients to narrow down when and where they may have been exposed, as well as which products may still contain asbestos. W.A.R.D. will also help indicate compensation types and how much a person may be entitled to.
1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.
