Legal aspects of Asbestos

Current trends indicate that the worldwide rate at which people are diagnosed with the disease will likely increase through the next decade[57]. Analysts have estimated that the total costs of asbestos litigation in the USA alone is over $250 billion.[58]

Litigation exists outside the United States in England, Scotland, Ireland, the Netherlands, France, Australia, and Japan among other nations. See the companion article for further information.

The volume of the asbestos liability has concerned manufacturers and insurers and reinsuers[59]. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

One notable asbestos lawyer, Peter Angelos, used the vast fortune he gained from asbestos lawsuits to buy the Baltimore Orioles.

Cash Settlement FAQ

What is a Structured Settlement? Structured settlements are structured cash payments through an annuity system that is established to compensate injury victims for their losses. Structured settlements are the other alternative payment system to a lump sum cash settlement and are set up to provide payments to you over time. Structured settlements received special legislative treatment by the U.S. Congress in 1982, as a way to make large settlements more agreeable to the payor, who does not need to come up with a large lump sum, yet still provide certain protection to victims. Return
When are Structured Settlements Used? Structured settlements are designed for many other types of cases though including:
bullet Severe injury where there is long-term treatment requirements, where future medical costs will necessarily be incurred, and to meet living and family expenses.
bullet Worker’s compensation cases where the injured party may not be able to work or at least work to the earning capacity that they would otherwise have enjoyed.
bullet Permanent or temporary disabilities that will take extensive recovery time
bullet Wrongful death cases where a surviving family will need a regular income to replace that of the lost spouse/parent
bullet Guardianship cases where there are minor children or another person who is judged to be incompetent such as a person with psychological, emotional, or mental handicaps Return
Touted Benefits of a Structured Settlement.
bullet

Structured settlements provide a cash flow that is completely tax liability free.
bullet



There is added security in receiving smaller amounts of cash over time. Many seniors are the target of greedy people and a large pot of available cash can make them an even more attractive target to conmen, and subject them to permanent loss of assets if they are grossly mismanaged by a trustee.
bullet

Recipient doesn’t have to worry about investment strategies or not adequately planning for the future. Those who do not receive structured settlements must concern themselves with making sure that they do not overspend from an account that looks like it should last forever, and subject the entire award to financial risk.
bullet Structured Settlements are often arrived at without the risk and time loss of going to court. For many reasons, defendants who believe they could have liability will make an offer of a structured settlement to minimize their costs. Few people relish the idea of going to court including defendants because while there is the potential for coming out ahead, there is also the potential for coming out much farther behind than a negotiated structured settlement would give them. In most cases, settling a case with structured settlements can minimize the risk to both sides. In most cases where the structured settlement is made out of court, attorney fees will be much cheaper than if litigation is required. If your attorney does not need to go to court, you can see their fees be reduced by as much as 8% of the total settlement. On a one million dollar settlement, that means about $80,000 more for you. Return
The Periodic Payment Settlement Act. In 1982, Congress passed The Periodic Payment Settlement Act of 1982 (Public Law 97-473), which legally recognized structured settlement cases in physical injury cases, also encouraged people to use them by granting them tax-free status. This act allowed people to financially benefit and protect themselves from the hazards of a lump sum settlement, and gave courts the ability to make such an award where there was a realistic potential for abuse of the proceeds of a lawsuit. Return
Structured Settlement Payments. When a structured settlement agreement is reached on the benefits to be included, the defendant will agree to fund a stream of cash to the victim. The structured settlement payment obligation is then legally assigned to an independent third party that has experience in this area, usually a life insurance company. In theory, the victim is protected from further legal complications or financial hardship of the defendant. The structured settlement is generally set up as some sort of an annuity that makes payments according to the prescribed and agreed upon schedule. Return

Can I Use My Structured Settlement as Loan Collateral? Generally, the answer is no. The laws regarding structural settlement are designed to protect you from abuse, and the ability to use the structured settlement as collateral would void that intended purpose. The payments however, can be claimed as a form of income so that if you want to buy a house, the payments represent the same financial ability that a take home paycheck of the same amount would provide. Return

Do I Get Interest on My Structured Settlement? No. The interest is a part of your structured settlement agreement and is therefore, tax-free. You do not then get interest on top of that. Return

Is Turning My Cash Flow Payments Into One Lump Sum like Renegotiating the Structured Settlement? On the surface, they may sound the same, but they are not. The structured settlement may not be paid out in any different fashion than initially agreed upon. What you are doing is selling the payments to RAM Funding. We would receive the payments just as you would have over time. What RAM Funding does for you is to buy the payments for a percentage of the the gross proceeds. Return

Why do I get only a Percentage of the Gross Proceeds? When we buy your structured settlement, RAM Funding is taking risks that are attached to inflation, and we also need to make money in the transaction. As a result, the amount that you receive will be less than the face value of the structured settlement. Return

GE Money

GE Consumer Finance is the division of General Electric responsible for managing retail finance operations. GE Capital Asia is also managed under GE Consumer Finance. Incorporated as a unit of GE Capital,[1] GE Consumer Finance is now one of six major operating divisions of GE reporting directly to senior management. In many nations, particularly outside of the United States, GE Consumer Finance operates under the GE Money brand, which it has undertaken a rigorous advertising campaign to rebrand as, though the incorporated name is still GE Consumer Finance.[1] Today, GE Consumer Finance has a presence in 50 countries, providing products such as credit cards, personal loans, mortgages and motor solutions to over 118 million customers worldwide.

Federal Loan Consolidation

Direct Consolidation Loans allow borrowers to combine one or more of their Federal education loans into a new loan that offers several advantages.

One Lender and One Monthly Payment
With only one lender and one monthly bill, it is easier than ever for borrowers to manage their debt. Borrowers have only one lender, the U.S. Department of Education, for all loans included in a Direct Consolidation Loan.

Flexible Repayment Options
Borrowers can choose from four different plans to repay their Direct Consolidation Loan, including an Income Contingent Repayment Plan. These plans are designed to be flexible to meet the different and changing needs of borrowers. With a Direct Consolidation Loan, borrowers can switch repayment plans at anytime.

No Minimum or Maximum Loan Amounts or Fees
There is no minimum amount required to qualify for a Direct Consolidation Loan! In addition, consolidation is free.

Varied Deferment Options
Borrowers with Direct Consolidation Loans may qualify for renewed deferment benefits. If borrowers have exhausted the deferment options on their current Federal education loans, a Direct Consolidation Loan may renew many of those deferment options. In addition, borrowers may be eligible for additional deferment options if they have an outstanding balance on a FFEL Program loan made before July 1, 1993, when they obtain their first Direct Loan.

Reduced Monthly Payments
A Direct Consolidation Loan may ease the strain on a borrower's budget by lowering the borrower's overall monthly payment. The minimum monthly payment on a Direct Consolidation Loan may be lower than the combined payments charged on a borrower's Federal education loans.

Retention of Subsidy Benefits
There are two (2) possible portions to a Direct Consolidation Loan: Subsidized and Unsubsidized. Borrowers retain their subsidy benefits on loans that are consolidated into the subsidized portion of a Direct Consolidation Loan.

Bernie Banton

Bernard Douglas (Bernie) Banton AM (1946 – 27 November 2007) was an Australian social justice campaigner. He was the widely-recognised face of the legal and political campaign to achieve compensation for the many sufferers of asbestos-related conditions, which they contracted after working for the company James Hardie.

Banton suffered from asbestosis, mesothelioma and Asbestos-Related Pleural Disease (ARPD), which required him to carry an oxygen tank wherever he went.

In October 2007, in the midst of the 2007 federal election campaign, Banton expressed his disgust at Minister for Health Tony Abbott for not attending a pre-arranged meeting at Abbott's electorate office in Sydney to present the minister with a petition to include a mesothelioma drug on the Pharmaceutical Benefits Scheme. Abbott, who had been in Victoria at the time, dismissed the petition as a "stunt" and implied that, despite his illness, Banton's motives were not "pure of heart". Abbott later apologised, but did not back away from his criticism.[1]

In his victory speech on 24 November after winning the election, the Prime Minister-elect Kevin Rudd paid special tribute to Banton, saying that Bernie represented the "great Australian trade union movement" and was a beacon of decency in his fight for compensation.[2]

Bernie Banton died at his home on 27 November, just three days after the election.[3]

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