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Can I File a Claim with Asbestos Trust Funds at the Same Time as a Lawsuit against a Liable Company?

If multiple companies are at fault for your injury, you can file a claim with the asbestos trust funds of those which are under bankruptcy protection, as well as a lawsuit against those which are not.

answered by Gregory A. Cade

Asbestos victims have the right to recover financial compensation from each responsible company

Since numerous asbestos companies are currently under bankruptcy protection, they are immune to standard litigation. Therefore, you cannot sue such a former employer for occupational asbestos exposure which came to cause you a terrible disease, as filing a lawsuit against it is a futile endeavor. Chapter 11 of the U.S. Bankruptcy Code grants asbestos companies which can no longer compensate injured employees immunity against lawsuits while allowing them to reorganize their businesses. However, a condition of being accepted under bankruptcy protection is creating a trust fund so as not to deprive future claimants of the financial compensation they deserve. Consequently, if your wrongdoer is a company under bankruptcy protection, you can successfully recover the money you are eligible for from their asbestos trust fund with the assistance of a specialized attorney.

As for the companies which do not have asbestos trust funds, you have the right to file a lawsuit against them, as long as the statute of limitations has not expired. It is important to know that the statute of limitations also applies for asbestos claims, as both represent personal injury cases. When it comes to asbestos exposure, the statute of limitations ranges between one and six years from the moment of diagnosis. Because asbestos victims have the legal right to recover compensation from each party at fault, a person can file one or multiple asbestos claims, as well as a lawsuit against another liable company, at the same time.

Nevertheless, you should bear in mind that taking legal action against one company is a very complex and daunting task which will most likely turn out fruitless without the help of a skilful attorney, let alone requesting compensation from multiple liable parties simultaneously. For this reason, if you intend to hold accountable one or more asbestos manufacturers, we strongly advise you to request the aid of a lawyer specialized in cases of workplace asbestos exposure. They will navigate the process with ease and proficiency, eventually obtaining the maximum compensation you deserve, while you can continue looking after your health and spending time with your loved ones. For quality legal assistance and representation, please contact our lawyers at 205.328.9200.

*The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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