How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards can be used to cover the cost of home care, transportation, and other expenses.
An experienced lawyer can help you decide on the most suitable kind of claim for you. A lawyer can examine your work history, health status and asbestos exposure in order to document your claim.
Military Service
Patients suffering from asbestos-related diseases such as mesothelioma and lung cancer could be eligible for compensation from the Department of Veterans Affairs. An attorney certified by VA for mesothelioma can assist veterans in beginning the process of obtaining compensation.
All military branches used asbestos in the 20th century due to its fireproofing and heat resistance characteristics. Navy veterans who worked on ships were at greater risk of exposure to asbestos, as asbestos was used in boiler systems and insulation. Air Force veterans who worked on components of aircraft engines like rotors and hydraulics, fuel systems and hydraulic systems were exposed to asbestos as the material was utilized in these parts. Marine Corps veterans who were stationed at naval bases or in barracks may have been exposed to asbestos as well.
Regardless of branch of service, many veterans who were exposed to asbestos during the military did not realize that this contaminant can cause mesothelioma and other serious health complications. These veterans did not make VA claims after being diagnosed with asbestos-related illnesses.
A mesothelioma lawyer with experience can assist veterans in obtaining VA benefits, including monthly compensation. A lawyer can look over the medical records of a veteran and exposure history to determine whether they qualify for compensation.
The amount of compensation awarded is contingent on a veteran's level of disability and evidence of exposure to asbestos during their military service. A lawyer can help a veteran prepare the paperwork needed to prove this connection.
Veterans with service-related mesothelioma are eligible for a monthly payment depending on their disability ratings. Veterans suffering from non-malignant lung diseases like asbestosis or pleural plaque may be entitled to smaller payouts. In certain cases, family members of a veteran could be eligible to receive compensation.
Patients with mesothelioma could also be eligible for free VA healthcare as well as financial assistance to cover their treatment. This support is crucial for a family who has a mesothelioma diagnosis. The financial assistance a veteran receives through VA benefits can alleviate the burden of mesothelioma treatment and allow them to concentrate on their treatment. A mesothelioma patient needs to discuss his options with an attorney as soon as they can in order to begin the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related ailments like mesothelioma may be qualified for disability compensation. The VA has a range of programs designed to assist disabled veterans. Compensation is dependent on the person's VA disability rating and how their health affects their daily lives.
A veteran must demonstrate their medical condition is related to their military service prior to being able to be eligible for VA disability benefits. This requires a written exposure history detailing where, when and how they were exposed to asbestos during their military career. The VA also needs to review medical records and conduct physical exams that include chest X-rays, lab tests, and lung (pulmonary) function testing.
Veterans are able to benefit from the help of an experienced mesothelioma attorney in the VA claim process. They can help them submit the proper forms and pinpoint the exact location of their service-related exposure to asbestos. They can also connect the service members to medical professionals who can confirm the diagnosis and provide proof in their medical records of exposure to asbestos.
Asbestos sufferers can also file a claim with one or more trusts established by companies that produce asbestos-containing products. The process for obtaining compensation from these trusts is different from VA disability benefits. However, it is an option for a lot of people who were diagnosed with mesothelioma or any other asbestos-related illnesses.
A mesothelioma lawyer or asbestosis lawyer can help veterans get the compensation they need, regardless of the option they select. Compensation can be paid in the form a lump-sum payment or a monthly benefit. Additionally, they could help in obtaining financial support from the government in the form of a housebound allowance or Aid and Attendance benefits.
Veterans can appeal a VA mesothelioma ruling that is either denied or reduced. They can apply for an Supplemental Claim, request an appeal to a higher-level review, or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. An attorney can help explain the options and ways to appeal to the VA. In some instances this could even involve a trial that could lead to a jury verdict and a settlement.
Asbestos Trusts
Asbestos victims can get compensation from trust funds that were set by companies that made use of asbestos-based products. As asbestos producers became aware of the dangers their products pose to people and their families, they filed for bankruptcy to limit their liability. These companies that were in debt set up asbestos trusts to pay medical claims of their victims.
If a person seeks mesothelioma or other asbestos-related disease, compensation from an bankruptcy trust, they must provide the circumstances of their illness and tie it to the specific asbestos product. A lawyer experienced in asbestos law can help decide which trust to file a claim against. The lawyer will assist in assembling and filing the necessary documents to prove the asbestos-related symptoms of the victim and their connection to a specific company or asbestos-containing product.
The asbestos trust will assess the claim and assign a case value once asbestos victims have submitted the claim. The trust may use an expedited review process, which settles cases through a fixed amount. It also can use an individual review that examines the evidence in greater depth and could award a higher amount than the expedited review.
Many asbestos trusts have payment schedules that can take months to years to complete. In this time the trusts will review other cases to determine whether they should be accepted or rejected. This can be a frustrating experience for mesothelioma patients, their families and their lawyers.
Many asbestos companies also use an amount of payment that decreases the value of an claim. This is done so the asbestos trusts do not have to pay out before all victims have been paid.
If asbestos victims don't receive a cash payment from a bankruptcy trust, they may be able start a lawsuit to sue the asbestos manufacturer who exposed the asbestos-containing product. The litigation process can be costly and time-consuming. Most asbestos victims choose to file a claim through asbestos trusts, especially those who have been diagnosed with mesothelioma or other asbestos-related diseases. The best way to receive the highest possible compensation is to consult a knowledgeable attorney.
Compensation Damages
Compensation from asbestos settlements or awards could help victims and their families with costs such as prescription medications, in-home medical healthcare, travel expenses, and more. The calculation of the value of your mesothelioma lawsuit is complicated and highly dependent on your specific circumstances.
Mesothelioma lawyers can draw on their experience to help determine how much your claim is worth. An attorney who has experience in mesothelioma has successfully filed thousands of asbestos cases and has secured settlements for those who are affected by mesothelioma and other asbestos-related illnesses.
There are two kinds of mesothelioma cases that are wrongful death. Both seek financial awards from companies who wrongly exposed patients to asbestos. The difference between them is that a personal injury lawsuit is filed by an individual who has suffered injury and a wrongful death lawsuit is filed on behalf of an individual who passed away due to an asbestos-related disease, such as mesothelioma.
Although the majority of mesothelioma lawsuits are settled, some do go to trial. The decision whether to settle or to go to trial is contingent on a variety of variables such as the amount of evidence that the lawyer for the victim has as well as the likelihood that the defendant will lose the trial. In most instances, defendants opt to settle rather than risk an enormous verdict at trial and the negative publicity that could result.
A mesothelioma suit can be used to compensate a victim for their suffering and pain medical expenses, lost income and companionship, as as other losses to the family. Based on Tucson asbestos lawyers of mesothelioma, or another asbestos-related illness, compensation may include punitive damages to punish the defendant and deter similar conduct in the future.
Asbestos victims are at increased chance of developing an asbestos-related disease particularly veterans. Veterans account for 30% of mesothelioma cases filed each year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related diseases. Contact the Veterans Affairs Assistance Office located in your area, or call 1-877-824-6774 to file an VA Disability Claim. The law firm 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.