Filing an asbestos claim in South Dakota
Current and former residents of South Dakota diagnosed with an asbestos-related disease, and their family members should contact us as soon as possible. The statutes of limitations are only three years from the date of the diagnosis (for personal injury asbestos claims) and the time of death (for wrongful death asbestos claims). In 90% of the cases, we file asbestos trust fund claims rather than going through a lawsuit. Our experienced attorneys will help you with the steps involved in the asbestos claim process.
Bankruptcy trust claims
Asbestos trust funds were set up years ago to pay people that are sick and have been injured by asbestos. However, as asbestos trust funds do not have enough money to pay all asbestos claims fully, they offer a set percentage of the legal demand. But, the funds are typically dispersed faster than in lawsuits. Asbestos trust fund claims are usually handled out of court.
Preparing the claim
The quicker we can get the information from you and get it filed with the asbestos trust funds, the quicker the payment will come. In the beginning, we are on a fact-finding mission, but it's not as intensive as a typical lawsuit would be. It's more of an administrative process.
Gathering the information
Initially what is required from the asbestos trust fund is to prove exposure to that particular's asbestos trust fund product or products and you also have to show that you've been diagnosed with an asbestos-related disease. First, we will qualify the medical reports. Then, we have to prove how you were exposed: primarily through occupation or secondarily through a family member that you lived with and who worked directly with or around asbestos-containing products. For occupational exposure, you have to tell us where you have worked and inform us about any products that were in your working environment.
Filing your claim
We make the process simple, and we don't put anything other than the actual necessity on you to provide certain documentation to prosecute your asbestos claim, such as medical records from your treating hospital or physician, employment records, social security records from the Supplemental Security Income (SSI) and, if applicable, military records. As soon as we get the necessary information, we can start filing that with the asbestos trust funds and expect payment within a couple of months to one year. We will also report to Medicare to obtain a clearance to release funds to you.
Claim evaluation
Asbestos trust funds usually qualify the asbestos claim and pay it under two processes. "Expedited Review" is based on a minimum set of probable medical and asbestos exposure criteria and applications receive a scheduled amount that is not negotiated. "Individual Review" allows for asbestos claim amounts up to a published maximum. Factors that determine the actual amount can include but are not limited to, age at diagnosis, jurisdiction, and the settlement history of your counsel.
Claim payment
Trustees make a determination and decide whether they will or won't pay the asbestos claim. Usually, payment comes within a couple of months to one year, and we can set up a stream of revenue for our clients. You will receive your compensation in one installment.
At Environmental Litigation Group, P.C., we strive to get you the best asbestos claim results possible. To pay out asbestos claims, asbestos trust funds managers rely on something called case valuation matrix. The case valuation matrix is a document approximating historical settlement values and assigning different values for compensable cancer types. The base dollar amounts vary by state or region because location sets occupational asbestos exposure levels. The table below provides the average settlement values, by disease level, at asbestos trust funds with seven disease levels, as presented in Rand Corporation's report on Asbestos Bankruptcy Trusts.
Average amounts paid by asbestos trust funds
Non Malignant Diseases
$78,000
Disclaimer: Compensation for your asbestos case will be calculated starting from the base calculation matrix, increasing or decreasing the level of compensation according to the specifics of your case. Factors that can affect the value of your case include, but are not limited to, your location, age, work history, pain and suffering, the asbestos products involved in occupational exposure, and expenses related to your illness. Individual cases vary based on such factors, and previous results don't ensure an equal outcome. The factors specific to your case make it difficult to predict its value before you file an asbestos claim. So, determining how much your case is worth can be a complicated process. If you have any questions about settlements and your legal rights, please contact us immediately for a free consultation.
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We represent people all over the United States and can reach you wherever you are.
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We help you recover compensation from asbestos trust funds.
We gather evidence that enables us to determine liabilities with high confidence.
We help you recover the maximum possible amount of compensation you deserve.
We help survivors and family members file an asbestos claim on behalf of our deceased client.
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