Category: Tips

Tips for Submitting Illinois Mesothelioma Lawsuits

by 99 Media, posted in Mesothelioma Lawsuits, Submitting Illinois, Tips

Obtaining compensation through a mesothelioma lawsuit can help victims cover the high medical expenses in treating mesothelioma cancer. In addition, the recompense obtained through a successful suit offers family members financial support in the years ahead. Taking civil action for compensation is the surest way to hold the companies in the asbestos industry accountable for the harm they cause.

Tens of thousands of mesothelioma victims have secured compensation through out-of-court settlements and jury awards. Most asbestos claims are filed by individuals suffering with malignant mesothelioma after prolonged asbestos exposure in their workplace. In addition, surviving family members file wrongful death lawsuits when their loved one has died from mesothelioma caused by the negligence of others.

Mesothelioma: A Dreadful Disease Caused By a Generation of Industry

As an aggressive cancer, Mesothelioma is a dreadful disease that causes significant damage to the pleural mesothelium (lining inside the lungs) or peritoneal mesothelium (abdomen). Nearly every case is caused by prolonged exposure to asbestos, a carcinogenic mineral fiber that occurs naturally in soil and rocks.

For decades, doctors, attorneys and the federal government have known about the harmful effects of asbestos exposure on human health. Only in recent years have many high profile cases been publicized, creating a pathway for other victims to seek the compensation they deserve for their injury caused by the negligence of others.

Most common cases involving asbestos exposure occur in the workplace. Because exposure to asbestos is usually preventable, nearly every case of asbestos cancer and disease creates legitimate grounds to file a mesothelioma lawsuit to hold asbestos product manufacturers accountable for negligence.

Occupations Commonly Putting Workers At Risk For Asbestos Exposure

Obviously, the highest rate of asbestos-related disease (ARD) occurs in workers who handle asbestos products. Most involve employees in specific industries that include:

– Petroleum refineries
– Shipyards involving shipbuilding or repair
– Chemical industries
– Electric power and light
– Vessel operators and seamen
– The construction industry

In addition to the above industries, other occupations have a high rate of ARDs caused by exposure to asbestos. These occupations include: electricians, mechanical engineers, steamfitters, pipefitters, plumbers and teachers who have worked in an aging school facility.

Burden of Proof Necessary to Win Illinois Mesothelioma Lawsuits

Receiving financial compensation through a claim or lawsuit is not automatic. It requires proving how exposure to asbestos caused injuries or damage. The victim must show a direct correlation between exposure of materials or products and asbestos-related injuries including mesothelioma and other cancers.

The burden of proof may be difficult because many decades have likely past from the time the victim was exposed until the medical condition was diagnosed. As a part of the claim, the victim will need to provide details of working conditions and employment history. To protect the rights of the victim and gain the advantage in securing compensation often requires hiring a skilled attorney to handle the case.

A Free Case Review With a Winning Team of Mesothelioma Attorneys

Victims diagnosed with asbestos-related diseases (ARD’s) including mesothelioma and asbestosis have numerous legal options to seek compensation and hold parties responsible accountable for their negligence. Rosenfeld Injury Lawyers LLC offer a free mesothelioma case review to evaluate the claim for financial recompense and determine the value of the case.

If you, or a loved one, have been diagnosed with mesothelioma, asbestosis, asbestos-related lung cancer or other ARD, it is imperative to speak with our attorneys. Filing a claim is time sensitive, where documents must be filed within a specific timeframe. Our lawyers can assist you in the legal pursuit of any possible claim and handle every aspect of your case through the complex process including filing a suit, the discovery phase, negotiating a settlement or taking the case to trial.

Your Mesothelioma Injury Case Deserves to Be Handled By an Experienced and Compassionate Legal Team

Rosenfeld Injury Lawyers LLC can file two specific kinds of mesothelioma lawsuits – personal injury lawsuits and wrongful death lawsuits. In addition, our attorneys can seek recompense for victims harmed through primary asbestos exposure (direct contact) and secondary asbestos exposure (contact with someone with direct exposure to asbestos). Wrongful death mesothelioma lawsuits can be filed by surviving family members of victims who died from exposure to asbestos.

Because of strict regulations surrounding the toxic substance, most asbestos manufacturers have since filed bankruptcy. However, many of these asbestos manufacturers have been ordered by bankruptcy courts to create trust funds or lawsuit funds to pay claims to victims suffering mesothelioma caused by asbestos exposure.

Tips for Mesothelioma After Death

by 99 Media, posted in Mesothelioma After Death, Tips



Tips for Mesothelioma After Death

Thousands of businesses have had to defend themselves against asbestos and mesothelioma lawsuits in the past several decades. Some of these asbestos lawsuits were brought by the individual who suffered from mesothelioma or other asbestos-related disease. In other cases, the family of the victim files the lawsuit because the victim passed away. People who have a close enough relation to the deceased mesothelioma victim can file a wrongful death lawsuit, if they meet certain legal criteria.

In California, for example, the statute of limitations for an asbestos-related lawsuit is one one year after the date that the person suffered a disability, or one year after the date the person know or should of known that their disability was caused by asbestos exposure.

Who Can File a Mesothelioma Wrongful Death Lawsuit?

To file a wrongful death lawsuit, certain criteria must be met and the death needs to be a result of a person’s or company’s negligence. The ability to sue for the death of a person due to negligence has evolved a great deal over the years. In the past, if a person died due to another party’s negligence or wrongful act, it was impossible to sue for damages. In some cases, it was more cost effective for the guilty party if the victim died from their injuries instead of having to pay for medical costs, lost earnings and pain and suffering.

That is why governments now have established the right for people to sue for compensation for wrongful death, such as in a mesothelioma case. But note that the people who bring the mesothelioma wrongful death lawsuit must be close enough to the victim. So, legally speaking, you have to be eligible to file this type of lawsuit; this is known as legal standing. Some of the relationships that will allow you to file a mesothelioma wrongful death lawsuit are:

– Husbands, wives and children, mothers and fathers, brothers and sisters
– Grandparents
– People who were financially dependent upon the victim; this will vary by state. In California, the family must be at least 50% financially dependent upon the victim.

Thousands of wrongful death lawsuits have been filed on the behalf of mesothelioma victims over the years. Asbestos companies and those that used asbestos in their products and buildings have been shown many times to have known that the toxic substance could lead to injury and death. With proper legal representation, you can file and win a mesothelioma wrongful death lawsuit against the company or companies that exposed your loved one to asbestos.

Mesothelioma Wrongful Death Lawsuit Process

In all asbestos-related lawsuits, a skilled attorney will do a great amount of research. This will usually commence with interviews of the plaintiff. Our mesothelioma attorneys has a skilled team of investigators who have experience in asbestos/mesothelioma investigations and have extensive resources at our disposal. Our law firm is aware of most of the companies that have used asbestos in the past. This allows our research to occur efficiently and accurately. Only when we have concluded our research will we present to you our opinion about the potential of your mesothelioma wrongful death lawsuit. If our attorneys conclude that you should file a wrongful death lawsuit and seek damages, the claim will be filed. But deciding in which state to file the claim is not as easy as it seems. Usually, the wrongful death lawsuit will be filed where the mesothelioma victim lived or was exposed to the asbestos. But if there is another state where the case may be filed and better results are possible, this could be preferable.

Some states make companies liable for asbestos exposure that occurs on a secondhand way. It is possible for tiny asbestos fibers to cling to shoes, clothes, hair and skin of the person who worked around the substance. Cases have been won where the family of the worker exposed to asbestos brought it home from work and this lead to mesothelioma for members of the family. It has been common for firefighters, construction workers, auto mechanics and electricians to bring home asbestos on their person.

Document Asbestos Exposure

One of the things that many people unfortunately neglect is to document their or their loved one’s asbestos exposure on the job. Even if you or a loved one has not yet come down with mesothelioma, it is a very good idea to document possible exposure, in case mesothelioma is ever diagnosed. That way, you have critical information that you need to file a successful personal injury or wrongful death lawsuit.

If you think that you or a loved one was exposed to asbestos, it is wise to document the following information:

– Work history, including the dates that were spent in each job and where that job was located.

– A list of co-workers who also may have been exposed.

– Job duties, including tasks that put you or your loved one at a higher risk of exposure. For example, many cases have been filed on the behalf of automotive mechanics who were exposed to asbestos when they were repairing brake pads and rotors. Asbestos was once commonly used on these automotive parts.

– Any specific machines or materials that were worked around that could elevate the risk of asbestos exposure.

– Work history of a loved one or family member if you are concerned about second hand asbestos exposure.

Being prepared in this way can save you and your loved ones much time if someone dies later from asbestos exposure. Having information about the person’s detailed work history and contacts can help your wrongful death attorney to build a better case in less time. This can be important particularly for meeting any relevant statute of limitations to file the case.

Discovery in a Mesothelioma Wrongful Death Lawsuit

Discovery is a vital part of the wrongful death lawsuit process. This is where the wrongful death attorney works to collect evidence, documents, witness testimony and more to build the best case. The attorney will depose defendants and will collect extensive information about your employment history, medical and personal history.

This type of lawsuit is challenging in terms of collecting evidence and proving the case, especially if the person died without documenting their exposure to asbestos in their work history. As exposure typically happened many years before, even family members who knew about the exposure at the time may have forgotten key evidence and facts of the exposure.

That is the reason that other witnesses, including co-workers and written evidence are so important to proving a mesothelioma wrongful death claim. Your lawyer will spend much time and resources collecting records, interviewing people and speaking to representatives of the companies in question. If specific companies cannot be determined that caused the exposure, it is possible the case could be limited to suppliers and manufacturers of commonly used asbestos related products.

Final Word

Keep in mind that defendants and their attorneys will aggressively attempt to dismiss the lawsuit before it goes to trial. Many companies also will try to make you a lowball settlement offer. That is why having one of our mesothelioma lawsuit attorneys working for you is very important in the settlement negotiation process. This ensures that you will be fairly compensated for the loss of your loved one.

It is estimated that 95% of asbestos and mesothelioma lawsuits end in a settlement. The amount that you get for the loss of your loved one could be one of the largest financial events of your entire life. That is why it is so important to choose the right law firm to represent you.

Tips for Maximizing Social Security

by 99 Media, posted in Maximizing, Social Security, Tips

Social Security benefits are a significant income source for many retirees—and for some, they’re the only source. How significant an income source it is, however, is determined by several factors that are under retirees’ control.

If you’re nearing retirement (or are already in retirement) and haven’t yet collected Social Security benefits, make sure you fully understand the ins and outs before you fill out your application to receive money. Here are some top tips you can use to get the most out of your well-deserved Social Security benefits.

Delay Receiving Benefits
Delaying receiving benefits is the top and the most common way to maximize the money you receive. Generally, the longer you wait after you reach full retirement age (FRA), the more money you can get every month.

Full retirement age varies depending on when you were born and is defined by the Social Security Administration as “the age at which a person may first become entitled to full or unreduced retirement benefits.”

If you were born between 1937 and 1954, your FRA  is age 65 to age 65 and 10 months, depending on the exact year of birth. If you were born between 1943 and 1954, you FRA is 66. Birth years from 1955 to 1959 range from 66 and two months to 66 and 10 months. A person born in 1960 or later reaches FRA at 67.

While it’s true that you’ll receive more money from Social Security if you wait several years to receive benefits until after you reach full retirement age, it’s also true that your benefits will be reduced if you choose to receive them before full retirement age.

“When to Start Receiving Retirement Benefits,” a publication from the Social Security Administration, gives an example of someone who has a full retirement age at 66 with an assumed benefit of $1,000 per month. If they take their Social Security benefits early at age 62, their monthly benefit would go down to $750 per month. However, if they were to wait and take their Social Security benefits at age 70, their monthly benefit would go up to $1,320 per month.

Take Advantage of Marital Social Benefits
If you’re married, there are still a few ways to further maximize your Social Security benefits with your spouse if you fit into some new and stringent deadlines. You can claim benefits based on your own earnings, or you can choose to receive up to 50% of the amount that your spouse receives. Keeping this in mind, there are a couple of strategies.

One strategy is to restrict an application. In this scenario, you might be the higher income earner, but you didn’t make so much money that your spouse would be best off with spousal benefits. You might want, in this situation, for your spouse to claim Social Security benefits first. You can get the spousal benefit and allow your benefits to grow until you are age 70. Once you reach that age, you can apply for benefits. Your spouse can either continue taking their own benefit or take the spousal benefit if that is now higher.

Invest Your Benefits Check
While many retirees focus on how to get the most out of their Social Security benefits, don’t forget to consider how you can actually invest the money you receive to make even more money.

Delaying Social Security benefits is a fantastic idea if you know that you’re going to get an 8% return on your benefit. But what about once you receive the money? Should you spend it? Do you have to spend it? Perhaps not.

If you have a 401(k) or other retirement benefits from your working years, why not try to live off of those and invest your Social Security checks for the future? It’s not a bad idea. In fact, it could save you from having to go back to work if you encounter a number of unexpected expenses during retirement.

Try this: Use a life expectancy calculator to get a rough idea of how much longer you’ll live. If you’re just now retiring, you might have another 20 years to cover with your income. Let this sink in – 20 years is a long time! A lot can happen between now and then, and you’re going to want to be financially prepared.

If you can live on less money than you’re bringing in, invest as many Social Security dollars you can into your future. Seek the help of a financial advisor who can walk you through the process of investing. A good financial advisor will put your money into conservative investments designed for your risk tolerance and goals.

The Bottom Line
Utilizing any or all of these three strategies will help you get the most out of your Social Security benefits and help you have a retirement without basic financial worries. Of course, you should consider enlisting a financial advisor to help walk you through these strategies and to recommend solid investing strategies.

Tips for Handling Married Couples Finances

by 99 Media, posted in Couples Finances, Handling Married, Tips

If you don’t think that money can be a stumbling block on the quest for true love, maybe you just haven’t watched enough romantic comedies. From the 1930s to the present, rom-coms are chock full of marrying for money (or breaking up based on the lack of it), lavish expenditures, bankruptcies, rich fathers, maxed out credit cards and — lately — student loans and post-Recession economic woes.

Just as in the movies, it doesn’t seem to matter whether the stress in your relationship comes from having too much money or not having enough. In fact, according to a 2015 survey by SunTrust bank, nearly half of couples — regardless of income — reported that their spending habits were different from their partner’s. That discrepancy may understandably cause relationship stress. Over a third of survey respondents claimed that money was at the root of their problems.

That gives financial advisors a front-row seat on couples’ money drama: from clashing expectations and different values to circumstance-driven stressors like lost jobs, bad investments and unforeseen medical expenses. Even what might be assumed to be a positive — a family inheritance, investment property or a trust fund — can easily drive a wedge between a couple if they don’t share the same perspective on how to manage the asset.

Here are a few proactive ways to ensure that your strategy for managing couples in discord rises above mere damage control. (For related reading, see: How Advisors Can Help Couples Agree on Finances.)

Become a Psychologist
As an advisor, you probably already know that conflicts about money are often really about issues other than money. By asking questions that help you get to know a couple — about their dreams, goals, interests and backgrounds — you’ll have a more global perspective to draw upon when friction does arise. If one spouse’s retirement dream is buying a yacht and the other’s is moving to Hawaii to save endangered sea turtles, your job is to find a reasonable way to convert those dreams into a single, actionable plan with solid financials. Understanding what motivates and drives each person will help you not only build and protect their assets, but it will also stave off a situation where one spouse feels that their goals and desires are compromised.

That psychologist’s mindset extends to your clients’ family background. A successful client who scrupulously saves — yet refuses to invest in more profitable, higher-yield funds — may harbor fear of loss and risk that comes from a poverty-stricken childhood or a parent who gambled away the family home. Remember that with couples, you’re dealing with two separate adults with complex family histories that may be widely divergent in how they dealt (or neglected to deal) with finances. Being sensitive to hot-button emotional issues will allow you to help couples feel they’re on the same team with the same goals, regardless of how they were raised to deal with money. (For more, see: Top 6 Marriage-Killing Money Issues.)

Open Up a Dialogue
When friction about money arises between two people, it doesn’t always reflect something deeper than a simple lack of communication. That’s why asking questions is so important: advisors who open up a dialogue between a couple facing money issues may find that even basic questions may have gone unaddressed.

Misunderstanding may be more the result of benign ignorance than that of actual disagreement. Sometimes it takes an outside party to help address what is unsaid but may be the proverbial elephant in the room, stealthily undermining a couple’s financial goals. You may be surprised by how many couples, prior to marrying or moving in together, fail to directly address expectations around debt, budgets, and each partner’s role contributing to the family income. While 41% of couples in the SunTrust survey reportedly took more than three months to discuss financial issues, 7% admitted that they never discussed finances at all.

Be Observant
Much of what couples say about money while meeting with an advisor may not be said at all. Watch for telltale body language like crossed arms — a classic defensive pose — or eye rolls, which usually spell frustration at best and disrespect at worst. Rather than confronting such behavior, a nonjudgmental acknowledgement of a client’s feelings helps to dissolve tension and encourage the frustrated party to speak up. (For related reading, see: Kids or Cash: The Modern Marriage Dilemma.)

Write it Out
If a couple simply won’t open up during conversation, ask them to separately write down their financial goals. The act of writing, especially by hand, can encourage objectivity and empathy. People are more apt to reflect when they write, whereas speaking can lend itself to more impulsivity, which can lead to the kind of heated discussions that are ultimately unproductive for your clients — and for your business relationship.

The Bottom Line
When couples dig in their heels, it may be time to focus on the numbers. Perhaps each spouse refuses to compromise on their ideals: one wants to save their money for travel in retirement and send the kids to in-state public schools, the other wants to sink the bulk of it into college savings funds to bankroll pricey tuition at the mother’s Ivy League alma mater. While these spouses may be unwilling to give up ground when the conflict is framed like this, they’re more likely to open up dialogue about cold, hard numbers. By sticking to the figures, you might surprise your clients by finding a solution that humors them both — without ever picking ideological sides. (For related reading, see: How to Advise Clients Who Marry Later in Life.)