Asbestos & Mesothelioma Law Blog
A group of plaintiffs recently filed a federal lawsuit against an asbestos litigation trust set up by their former employer to recover millions in unpaid claims they allege the administrators are squandering. In addition to this suit, the asbestos litigation trust set up to disperse compensation to victims also faces hundreds of other claims over allegations that workers at a Texas-based plant were exposed to asbestos for decades.
The case began in 2000 when the defendants, Tyler Pipe and Swan Transportation, lost a pair of multimillion dollar asbestos exposure lawsuits which ultimately bankrupted the companies. As is common with these types of cases, bankruptcy courts required the defendants to set up a trust fund for these and other victims exposed to dangerous industrial conditions while working at the plant.
Victims Still Waiting for Asbestos Exposure Compensation
The plaintiffs in this suit claim in the 16 years since the original lawsuit was litigated, the money appropriated for the trust has been misused and payments for the sick and dying withheld. Some plaintiffs expressed a desire to do good with their rightfully due compensation before they ultimately succumb to their asbestos-related medical conditions.
Unfortunately, another all too common practice with asbestos exposure lawsuits is defendants trying to skirt responsibility for their careless actions while innocent victims suffer the consequences for their honest, hard work. Mesothelioma and other asbestos exposure victims are strongly encouraged to speak to an experienced asbestos lawsuit attorney about their case to help ensure their claims are taken seriously.
What is the Difference Between an Asbestos Lawsuit and Bankruptcy Trust Claim?
Asbestos bankruptcy trust claims differ from traditional lawsuits in several key ways, though certain aspects of the discovery and evidence gathering process are similar. When a victim makes a claim to an asbestos trust, the administrators of the trust review the individual’s work and medical history as well as any other evidence presented.
These claims differ from formal lawsuits since there are no judges or courts to go through, including lengthy trials and appeals processes. Additionally, the claimant is usually responsible for gathering all of the necessary evidence to satisfy the requirements the trust needs to pay out legitimate claims.
The advantage to going through a claims process is usually time and energy on the part of the plaintiff and the attorney representing him or her. The main disadvantage is the amount of money paid for each claim: usually only 1 to 25% of the claims actual value ends up being paid by the end of the process.
Nationwide Mesothelioma Lawyers
If you or a loved one developed mesothelioma or another asbestos related condition, contact our office for a consultation about your case to find out what kind of legal options you may have. Our dedicated nationwide mesothelioma attorneys have years of experience litigating asbestos exposure lawsuits and bankruptcy trust claims to help victims get the compensation for their medical treatment, pain and suffering, and funeral expenses.