Federal charges have been filed against an apartment complex in Denver for releasing deadly asbestos fibers into the air near Sports Authority Field at Mile High. The federal charges allege that the apartment complex owners placed people in imminent danger of death.
According to charging documents filed last week, the owner of the Overlook at Mile High apartment building in Denver released asbestos fibers into the air from January-February 2014. At that time, there were tens of thousands of people packed into the football stadium for two football playoff games.
The owner of the complex has been accused of exposing people to potentially contracting mesothelioma or asbestosis.
How to Be Compensated for Mesothelioma Injuries
If you have developed a disease related to asbestos exposure, you can make a personal injury lawsuit claim, or you can file a wrongful death lawsuit. Because of the huge number of claims in the last decade or two, many manufacturing companies established a trust fund that are managed by a trustee. That trustee will determine how much the plaintiff is entitled to receive.
However, it is not unusual for a company that used asbestos to go bankrupt. In such a case, they are protected from being sued. However, if a company that used asbestos containing materials goes bankrupt, it must create funds according to federal code section 524g that it will be able to provide compensation to claimants.
Asbestos defendants generally refile under the above code section with a hope of reorganizing rather than totally going out of business. This may be done, but onlyif they put funds into a trust that will cover asbestos claims. The amount that is put in the trust has to be approved by the court and only once funds are put in it is the company given protection. This can take many years to complete.
If the company does reorganize in this manner, it has to give the bankruptcy court its plans. This includes how much they plan to put into the trust. An estimation proceeding is held, and these proceedings have to include creditors and claimant representatives.
Each participant has to give an estimate the funds that will be needed for claims. They have to show evidence of the estimates that are provided by legal experts, economists and more. The judges collect all of this data and then they decide how much must be put into the trust.
If you want to file a claim to a trust for your mesothelioma, it is very similar to starting any other legal action. The claimant has to show that they suffered an asbestos related injury. Normally, there are types of diseases and levels that are accepted. Specific amounts of compensation were probably already set up in each trust. Medical criteria have to be satisfied too.
Claimants have to give evidence that they have an asbestos related disease that the defendant caused. For example, you have to provide your medical history, where and when you were exposed, where you worked, and much more information.
You also must have statements from your doctors that you have some type of asbestos related disease. Also, it is required to provide documents that the exposure was due to the defendant.
A resident of the apartment building stated that she saw a big container in front of the building that stated that it contained asbestos.
It is alleged in the federal documents that during a renovation project in 2014, the apartment building owners and contractors released asbestos into the air from two separate towers that were being renovated.
The owners of the building, Willmax Capital Management, face a year in jail and a fine of $100,000. The company also could be forced to pay $500k or more in fines.
Residents said that while they knew there was asbestos in the building, the property managers never said anything about what they were doing with the asbestos during renovations.
Employees at the leasing office for the buildings stated they only have worked there for three months and are unaware of any asbestos in the buildings.
The attorney for one of the owners stated that his client will plead guilty to a misdemeanor and has spent $1 million to fix problems with asbestos in the apartment complex.
The company also agreed to pay for the medical bills of people who may have been exposed, including workers and tenants.
The attorney does not believe it is likely that the release of asbestos would have affected anyone who was in the stadium during the playoffs.
Other news reports stated that in March 2016, there was a class action civil lawsuit filed that included 43 plaintiffs. They were each residents of the apartment complex, and the suit was settled. The exact terms of that settlement were kept confidential.
