6 Reasons Why It’s Beneficial for ELSM to File Your Asbestos Trust Fund Claim

July 22, 2024

Early, Lucarelli, Sweeney & Meisenkothen (ELSM) has served more than 5,000 mesothelioma victims over the past 40 years. In asbestos law, bankruptcy trust funds are one of the primary ways to seek compensation for an asbestos-related injury. Here are 6 Reasons Why It’s Beneficial for ELSM to File Your Asbestos Trust Fund Claim.

1. Determining Eligibility

Eligibility for filing an asbestos trust fund claim relies on several factors. Our lawyers know the correct questions to ask to quickly determine your eligibility.

For example, we are familiar with the statutes of limitations, or the timeframe in which you must file your claim after a mesothelioma diagnosis or asbestos-related death. These statutes are based on a clear timeframe for filing a personal injury or wrongful death claim depending on the jurisdiction.

To be eligible for trust fund claims, there are certain criteria required. Our attorneys know which diagnoses are valid for filing claims with different bankruptcy trusts. They are familiar with the payout structure for each diagnosis and disease level.

Your asbestos exposure history is important. Many of our clients do not recall every jobsite or product identification, at first. We can help guide you through your past work history at jobsites and products you may have had exposure to. As soon as we identify your diagnosis and exposure history, we can begin to file your claims.

2. Understanding of the Asbestos Trust Fund Claim Submission Process

After decades of experience with filing asbestos bankruptcy claims, we know the claim submission process inside and out.

There are several criteria that must be met for a trust to pay a claim. We help clients identify the documents required to prove medical criteria, like key diagnosing reports. We can request a diagnosing report from mesothelioma experts if necessary.

Regarding exposure criteria, we research work history and home renovations you may have experienced. We secure witness affidavits and help clients gather invoices or other proof-of-exposure documents, including depositions and interrogatories. To prove claim eligibility, we structure proof-of-exposure forms as required by trusts, which can vary by trust.

Not everyone diagnosed with mesothelioma worked directly with asbestos. We can also help you file claims if you were a bystander or experienced secondary exposure.

3. Maximizing the Number of Asbestos Trust Fund Payouts and Offer Amounts

ELSM’s 40+ year history handling over 5,000 mesothelioma cases in pre-bankruptcy litigation also factors into the value we receive on some claims, which will be higher than those of less experienced firms. Our firm uses several strategies to maximize the number of payouts and value of each offer.

Depending on your exposure history, we can seek the most favorable jurisdiction for your filing. We can determine whether to file claims for a standardized Scheduled Value payout that is issued for claims submitted for Expedited Review, or we can file as an Individual Review for particular clients who deserve a settlement that is higher than the standard value.

We also know the settlement history for these companies when they were viable and involved in litigation. We can negotiate with the trusts to receive a greater value per claim.

4. Thorough Understanding of Claim Review and Approval Process for All Trusts

There is a process for each asbestos bankruptcy trust fund to review and approve claims. Sometimes, these trusts try to deny claims for various reasons. We are familiar with multiple approaches to get you the most favorable outcome with each trust fund.

As a firm, ELSM has experience communicating with trusts to resolve specific claims that have been denied. When trusts won’t accept a claim and our firm finds that the reasons are invalid, ELSM has the experience to effectively pursue arbitration procedures. Our asbestos trust team maintains ongoing communication with representatives at asbestos trusts to ensure that our clients’ claims are handled quickly and properly.

We also know this process from both sides. Partner Ethan Early sits on the Trust Advisory Committee (TAC) for several trusts.

5. Latest Knowledge of Asbestos Trust Funds and Their Criteria

As our law firm exclusively practices asbestos law, we stay up to date on the latest updates from asbestos trusts. Our firm makes sure our clients don’t leave money on the table.

When asbestos trust funds increase their payment percentages, clients who previously received compensation at a lower percentage become eligible for the compensation available. We make sure you receive these additional payments as soon as possible.

6. Extensive Knowledge of Jobsites and Asbestos Products

Our decades of serving mesothelioma clients have led to an unparalleled knowledge of asbestos jobsites and products.

Exposure to many asbestos products can make you eligible for asbestos bankruptcy trust fund claims. Some asbestos-containing products are not on the approved product lists provided by the trusts. There are additional jobsites where asbestos products were used, that are not recognized by the bankruptcy trusts as approved exposure sites on the trusts’ jobsite lists.

We have extensive experience and knowledge of how to file claims based on exposure to products that aren’t on those approved jobsite and product lists. We utilize database technology to cross reference client work histories with lists of tens of thousands of jobsites across the country where asbestos was known to have been used in order to find viable claims.

Get Mesothelioma Legal Help Today

At ELSM Law, we’re dedicated to providing high-quality mesothelioma attorney assistance to you and your family. We’ve focused exclusively on mesothelioma cases for more than 40 years, representing clients in every state and gaining extensive knowledge of the asbestos industry.

We’ll provide you with mesothelioma legal advice, help you build the strongest possible case, and fight for you every step of the way. Get your free case evaluation from one of our caring advocates today.