Balancing grief with what is necessary: the mesothelioma claims process made simple
“We didn’t even honestly think about a lawsuit until months into our journey. Our first priority was getting Craig well. I was a stay at home Mom. So I hadn’t worked in years, and when Craig got sick this was a huge concern about what I am going do if something does happen – if they’re right and he does live six-months. After talking to Craig about this, he was hesitant, but when I explained to him my concerns about Emily and sending her to college, and our future if something should happen to him, I think he realized that [a lawsuit or mesothelioma claims] was something that we should look into. There’s not enough money on this planet that would make it OK. I would much rather make a payment every month and have a healthy husband, then to get [financial compensation].”
- S.K., wife of a mesothelioma patient
Being diagnosed with mesothelioma means your life, and the life of those around you, will forever be changed. It means in and out hospitals, lost income, finding the best treatment and the latest clinical trials, and coping. All of these things require large financial investments. It is important to know that amidst your grief, you do have the option to pursue financial compensation that can cover all of your expenses and more. Weitz & Luxenberg can help you in this pursuit. For a free legal consultation, contact Weitz & Luxenberg via the form on this page, or call us at (800) 476-6070.
Why is there a claims process?
The whole process starts when an asbestos company files for bankruptcy. Whether this company files for Chapter 7 or Chapter 11, the courts declare that the company must still be responsible for the people they made ill with their asbestos products. So, the remainder of the company’s assets goes to Surrogates Court (also known as Bankruptcy Court).
Surrogates Court decides to place the money into a trust fund. This is typically a very large sum of money. For example, in 2011, Pfizer Inc. (whose subdivision, Quigley, manufactured asbestos products), is in negotiations to contribute $264.9 million and all of Quigley’s stock to an asbestos trust fund (Bloomberg). These trust funds are specifically designed to compensate those injured by asbestos.
Once a trust fund is established, the Surrogates Court appoints an “advisory board”. This advisory board is comprised of lawyers from both sides (defendants and plaintiffs), as well as experts in the field. Once the advisory board is assembled they then hire:
- The Trust Administrator – in charge of investing the money so that it will grow in value.
- The Claims Processor – in charge of distributing the money to claimants (like yourself).
The Surrogates Court continues to oversee operations for all of these individuals.
How the mesothelioma claims process works
The first thing you will need to do when filing a claim for compensation is to figure out the company whose asbestos products made you will. Once you have pinpointed the company you will then need to find out whether they have a trust set up. If they do have a trust, you will need to locate the “Proof of Claim” (or POC) for that trust.
If you believe you were made ill by Johns-Manville’s products, for instance, you will need to go online to find the Johns-Manville POC.
Next, you need to fill out the POC and mail it into the address provided on the form (in this case the Claims Resolution Management Corporation) along with documentation proving that you were made ill by the company’s products.
Weitz & Luxenberg can facilitate you through this entire process. It is normal for someone to seek legal guidance when filing a claim. There is a risk that your claim could be rejected because of such things as:
- Missed deadlines
- Improper documentation
- Insufficient documentation
- Failure to adhere to the rules of the trust
The attorneys at Weitz & Luxenberg know the rules concerning the asbestos company trusts in the United States. We can make sure you have all of your documentation in order and that you meet all necessary deadlines.
Proving your case
There are three pieces of evidence you need to prove your claim:
- Medical records showing that you are sick from an asbestos-related disease (such as mesothelioma).
- Proof that you were at the site that made you ill (this can include dated pay-stubs, contractor bills, and other documents that show that you were at a specific place).
- Proof that the company’s asbestos products were at that site (this can include shipping orders, invoices that show the name of the asbestos product, and other such documents).
These are not always easy documents to track down. Weitz & Luxenberg has a wealth of resources to draw upon in case you need to uncover a hard-to-find document.
You can also submit an affidavit stating that you were at a certain place at a certain time, which may help prove your claim, but these are never as strong as official documentation.
Possible outcomes
After submitting all of your information, you will receive one of these outcomes:
- Approved – your claim has been approved and you will receive a just amount of compensation.
- Ineligibility – this means that your proof is not sufficient or you did not meet the proper deadlines to receive any compensation.
- Deficient – this means that your claim still needs something. You will receive notice on what else you need to do to receive the maximum amount of compensation, and will most likely be given a deadline. If you do not comply within the given amount of time, you may be eligible to receive some financial compensation.
Is the claims process like a lawsuit?
No. Although, the claims process involves proving your case, there is no trial or deposition.
Why time is a factor?
There is a limited about of money in a trust. Part of the job of the claims processor is to make sure that every individual seeking compensation with a valid claim can get a just amount of money. The claims processor wants to make it so that after everyone is paid, there will be zero dollars left in the trust. As payments are made to claimants (like yourself) the money gets depleted. If you wait too long, you might get less compensation than if you file now.
For example, Steve and Roy both developed mesothelioma from Johns-Manville products. They both worked in construction in different areas of New York during the 1970’s, which is when they were exposed to the company’s asbestos.
Let’s say there is $1000 in the Johns-Manville trust (which is nowhere near how much money is actually in the trust).
Steve files a claim as soon as he is diagnosed with mesothelioma. Roy decides to wait.
Steve receives $500 in compensation (which is nowhere near the average amount someone with mesothelioma receives in compensation).
Now, there is only $500 left in the trust. When Roy files his claim, the claims processor does not want to give Roy the whole $500 because then there would be nothing left, and he knows that there may be more people who will file claims.
So, Roy only receives $250 dollars. A year later, Sherry files a claim and she is awarded only $100.
This is why it is best to file a claim sooner rather than later.
Why choose Weitz & Luxenberg to help in this process
Attorneys at Weitz & Luxenberg happen to be on the advisory board of many of these trusts. We already know the claims process inside and out, and we can help make sure your claim is as strong as possible.
In addition, we have access to an “approved site list”. This list contains areas that were known to have certain asbestos products in them at specific times. Weitz & Luxenberg can help you determine where you might have been exposed. Once you can prove that you were in a place listed on the approved site list, it is much easier for your claim to be approved.
Weitz & Luxenberg has been helping those with asbestos-related diseases seek financial compensation for over 20 years. Our successful verdicts and settlement has totaled more than $3 billion for people like you or your family members.
For a free consultation on the claims process, contact Weitz & Luxenberg by filling out the form on this page. You may also reach us by phone at (800) 476-6070.
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Are you a plumber with asbestos disease? You deserve compensation!