Trust Claims and Lawsuits Together

Bankrupt companies that formed trusts generally cannot be sued directly anymore, so the trust is the way to reach them. Other companies that made, sold or used asbestos products may still exist and can be named in a lawsuit. A single work history can point to both groups. Filing with the trusts does not usually prevent a lawsuit against the solvent companies, and a lawsuit does not usually replace trust claims. Together they can cover more of the parties connected to the exposure than either route could alone.

Some states now require people who sue to disclose trust claims they have filed or plan to file. The purpose is to let defendants and courts see the full picture of a person's exposure. These rules can affect when trust claims are filed and what information is shared in the lawsuit. They vary a lot from state to state. This is one reason why trust claims and lawsuits are usually handled by the same legal team, so timing and statements stay consistent and comply with the rules of the court where the case is filed.

Deciding which claims to file first is a strategic choice. A lawsuit may move on a timeline set by the court, especially when the patient is seriously ill and the court speeds things up. Trust claims may be timed around that schedule. Consistency matters, because testimony in a lawsuit and statements in trust claims should describe the same work history. Your attorney should be able to explain the plan, including which companies are being pursued in court, which trusts are being filed with, and when you can expect each part to move forward.

1. 1

   Ask your attorney to list which companies are being sued and which trusts are being filed with.

2. 2

   Make sure the work history you give in any lawsuit matches what appears in trust claims.

3. 3

   Ask whether your state has trust disclosure rules and how they affect timing.

4. 4

   Request a simple timeline showing when lawsuit events and trust filings are expected.