Finding out you have asbestosis after a company closes can feel like a dead end. In Georgia, a company closing does not end your right to seek money for your illness. It may simply change where and how you pursue that claim.
File a claim with an asbestos trust
When a company gets too many asbestos claims, it might file for bankruptcy. When this happens, under the Federal Bankruptcy Code, the company often moves its asbestos debts into a special trust fund. This trust handles the claims directly. You can still get money from this trust even if the company is closed.
Each trust follows its own Trust Distribution Procedures (TDP) that set specific medical and exposure criteria claimants generally need to meet. Documentation you might need includes medical records confirming your diagnosis, a physician’s statement and evidence connecting your illness to that specific company’s products.
Filing a civil lawsuit against other responsible parties
If additional parties, such as solvent manufacturers or suppliers, also contributed to your asbestos exposure, you might file a civil lawsuit against them. This can be separate from or in addition to a trust claim. Alternatively, if the exposed individual passes away due to an asbestos-related condition, surviving relatives or loved ones can file a wrongful death claim to recover damages.
Georgia’s filing deadlines for asbestosis claims
Georgia gives you two years to file a personal injury lawsuit for asbestosis. This two-year clock does not start on the day you were exposed. Instead, it starts from the date you discovered – or reasonably should have discovered – the connection between your asbestosis and your asbestos exposure. Asbestos trust funds may also carry their own separate deadlines, independent of Georgia’s statute.
Steps you can take next
You do not have to handle complex trust rules and court deadlines alone. An attorney with experience in asbestos cases can review your work history and may help you pinpoint which trusts owe you money. They can also handle the legal paperwork, track strict filing timelines and ultimately build a strong case to secure the payout you deserve.