How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require compensation. These financial awards can be used to pay for care at home, transportation and other expenses.
An experienced lawyer can help you determine the best type of claim for you. A lawyer can review your history of work, health and asbestos exposure to prove your claims.
Military Service
Veterans who suffer from asbestos-related ailments like mesothelioma or cancer may be eligible for compensation through the Department of Veterans Affairs. A mesothelioma lawyer who is experienced in VA claims can help a veteran begin the compensation process.
All branches of the military used asbestos throughout the 20th century because of its fireproofing, heat resistance and durability properties. However, Navy veterans who spent time on ships were especially susceptible to exposure since asbestos was used frequently in boiler systems and insulation on naval vessels. Air Force veterans who worked on the components of engines for aircraft like rotors and hydraulics, fuel systems, and hydraulic systems were also exposed to asbestos because the material was used in these parts. Marine Corps veterans stationed in barracks or naval bases could have also been exposed.
Many veterans exposed to asbestos during their service in the military didn't realize that this toxic mineral could cause mesothelioma and other serious health issues. In the end, the veterans did not file VA claims or seek compensation following an asbestos-related diagnosis.
A qualified mesothelioma lawyer can help veterans obtain VA benefits, including monthly payments. A lawyer can look over the veteran's medical records to determine his or her admissibility to compensation.
Compensation amounts are determined based on the level of the veteran and evidence of asbestos exposure during military service. A lawyer can help a veteran in filing the proper paperwork to prove the connection.
Veterans with mesothelioma that is related to service are eligible for a monthly payment based on their disability rating. Veterans with non-malignant lung conditions such as asbestosis or pleural plaque may be qualified for a smaller amount of payouts. In some cases, the family members of a vet may be eligible to receive compensation.
In addition to the compensation, veterans with mesothelioma can receive free VA health care and help to pay for their treatment expenses. This is a crucial benefit for a family dealing with mesothelioma-related diagnosis. The financial assistance veterans receive through VA benefits can ease the burden of mesothelioma treatments and allow them to concentrate on their own treatment. A veteran with mesothelioma needs to discuss his options with an attorney immediately in order to begin the process of obtaining compensation.
VA Disability Benefits
A veteran who has been diagnosed with an asbestos-related condition like mesothelioma could be eligible for disability compensation. The VA provides a range of programs to help disabled veterans. Compensation is based upon the individual's VA Disability Rating and how it affects their daily life.
To be eligible for VA disability benefits, a veteran must first prove that their condition is related to their military service. This involves providing an exposure history that is written out detailing the dates, times and locations they were exposed to asbestos during their military career. The VA must also look over medical records, and conduct an examination of the body that includes chest X rays, lab testing and lung function tests.
A knowledgeable mesothelioma lawyer will assist veterans through the VA claims process. They can assist veterans in submitting the proper forms and identify the locations where they were exposed to asbestos during their service. They can also help them connect with medical professionals who can verify the diagnosis and provide proof of asbestos exposure in their medical records.
Asbestos sufferers can also make a claim through one or more trusts created by companies that manufacture asbestos-containing products. The process of obtaining compensation from these trusts differs from the VA disability benefits. It is, however, an option for many patients who have been diagnosed with mesothelioma or other asbestos-related diseases.
No matter which path they choose whether asbestosis or mesothelioma, a lawyer can help veterans obtain the justice they deserve. Compensation can be paid as a lump sum payment or a monthly benefit. Additionally, they could assist in obtaining additional financial aid from the government through a housebound allowance or Aid and Attendance benefits.
Veterans can appeal a VA mesothelioma ruling that is reduced or denied. They can appeal the decision through requesting an appeal under Supplemental Claims, requesting an upper-level review, or appeal to the Board of Veterans Appeals. A lawyer can help explain these options and help file an appeal with the VA. In certain instances, a trial could be conducted that results in a decision by a jury and compensation.
Asbestos Trusts
Trust funds established by asbestos-using companies may be used to compensate asbestos victims. After asbestos manufacturers were aware of the dangers of their products and how they could harm people, a lot of them declared bankruptcy to reduce their liabilities. As a result, the companies who were in debt created asbestos trusts to cover medical claims of their victims.
If someone files for mesothelioma or another asbestos-related disease, compensation from a bankruptcy trust, they have to be able to describe the circumstances surrounding their illness and tie it to the specific asbestos product. An asbestos lawyer who is knowledgeable of law can help determine which trust to file a claim with. Then, the lawyer can assist in gathering and filing the required documents to prove the asbestos victim's symptoms and their connection to a specific company or asbestos-containing product.
The asbestos trust will assess the claim and assign a value for the case after asbestos victims have filed it. The trust may use a process known as expedited review, which allows cases to be settled quickly, with a set payout amount. It can also use an individual review, which takes an even more thorough look at the evidence, and may result in an amount that is higher than what is offered through expedited review.
Many asbestos trusts have payment schedules that span between months and years. During Fishers asbestos lawsuit , trusts will be reviewing other cases and may accept or reject them. This can be very frustrating for mesothelioma sufferers, their families and their lawyers.
In addition, many asbestos companies have an approach called payment percentages, which lowers the value of an claim. This is to ensure that the asbestos trusts don't run out of money before all victims are compensated.
Asbestos victims who don't receive a payment from a bankruptcy trust might be eligible to file a suit against the asbestos producer responsible for their exposure. The litigation process is costly and long. Most asbestos victims choose to file a claim with the asbestos trusts, particularly when they are diagnosed with mesothelioma, or other asbestos-related diseases. The best way to receive the highest possible compensation is to work with a knowledgeable lawyer.
Compensation Damages
Compensation from asbestos settlements or awards could aid families of victims with expenses such as prescription medications, in-home medical healthcare, travel expenses, and more. However, determining how much your mesothelioma claim could be worth is complicated and is highly dependent on personal circumstances.
Mesothelioma attorneys can use their experience to help determine the worth of your claim. A mesothelioma attorney with experience has filed thousands of successful asbestos cases and has secured settlements on behalf of people who suffer from mesothelioma or other asbestos-related diseases.
There are two kinds of mesothelioma lawsuits which include personal injury and wrongful death. Both seek financial compensation from companies who exposed victims to asbestos in a negligent manner. A personal injury lawsuit is brought by an injured person and a wrongful death lawsuit is brought on behalf of a victim who has passed away from an asbestos-related illness like mesothelioma.
While most mesothelioma lawsuits settle, some do go to trial. The decision of whether to settle or go to trial is contingent on a variety of factors which include the amount of evidence that the lawyer representing the victim has and the probability that the defendant will lose the trial. In the majority of instances, defendants choose to settle rather than risk a large verdict at trial and the possible negative publicity that may follow.
A mesothelioma lawsuit can offer compensation for the financial value of the person's suffering and pain as well as future and past medical expenses and income loss, and also for the loss of companionship and other family losses. Compensation can include punitive damages, based on the severity of mesothelioma illness or other asbestos-related diseases. Punitive damages are designed to punish and deter future similar behavior.
Asbestos victims are at increased risk for developing an asbestos-related disease especially veterans. As such, veterans account for around 30% of mesothelioma claims submitted every year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related illness and provides healthcare and financial compensation dependent on the severity of the illness. Contact the Veterans Affairs Assistance Office located in your area, or call 1-877-824-6774 to make a VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds millions of dollars in settlements and verdicts, and are regarded as the top lawyers in the country in mesothelioma litigation brought by defendants and insurance companies.