Enough Already 15 Things About Asbestos Compensation We re Sick Of Hearing
How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases need access to compensation. These financial awards help pay for home care, transportation and other expenses.
A knowledgeable attorney can help you determine the best type of claim for you. A lawyer can examine your history of work, health and asbestos lawsuit exposure to prove your claims.
Military Service
Patients suffering from asbestos-related illnesses such as mesothelioma and lung cancer could be eligible to receive compensation from the Department of Veterans Affairs. A mesothelioma lawyer who is experienced in VA claims can assist veterans start the process of compensation.
All military branches used it during the 20th century because of its fireproofing and heat resistance properties. However, Navy veterans who spent time on ships were particularly at risk of exposure because asbestos was regularly utilized in boiler systems and as insulation on naval vessels. Air Force veterans who worked on aircraft engine components like rotors, fuel systems, hydraulics and hydraulic systems were exposed to asbestos as the material was used in these parts. Marine Corps veterans stationed in barracks or naval bases could have also been exposed.
No matter what branch of service, many veterans exposed to asbestos in the military did not realize that this harmful mineral can cause mesothelioma and other serious health issues. These veterans did not file VA claims after being diagnosed with asbestos-related illnesses.
A mesothelioma lawyer who is qualified can assist veterans in obtaining VA benefits, including monthly payments. A lawyer can examine the medical records of a veteran and exposure history to determine eligibility for compensation.
The compensation amount awarded depends on the severity of disability and proof of exposure to asbestos during their military service. An attorney can help an individual complete the necessary paperwork to prove this connection.
Veterans suffering from mesothelioma due to service are eligible for a monthly payment based on their disability rating. Veterans who suffer from non-malignant lung diseases such as pleural plaque or asbestosis can receive smaller payments. In some cases, the family members of a vet may be eligible for compensation.
Veterans with mesothelioma may also be eligible to receive free VA healthcare, as well as financial assistance to cover their treatment. This is a crucial benefit for a family who has a mesothelioma diagnosis. The financial aid veterans get from VA benefits can alleviate the burden of treatment for mesothelioma and let them focus on their own treatment. A veteran with mesothelioma should discuss these options with a legal representative immediately 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 offers a variety of programs designed to assist disabled veterans. Compensation is based upon the person's VA Disability Rating and how it affects their everyday life.
To qualify for VA disability benefits veterans must first prove that their illness is due to their military service. This requires a written record of asbestos exposure that details when, where and how the veteran was exposed to asbestos during their time in the military. The VA must also examine medical records and conduct a physical exam that includes chest X-rays, laboratory tests and lung (pulmonary) function tests.
A mesothelioma lawyer who is experienced can help veterans with the VA claims process. They can assist in submitting the correct forms and identify the exact location of their service-related exposure to asbestos. They can also help them connect with medical professionals who can confirm the diagnosis and provide evidence of exposure to asbestos in their medical records.
Asbestos sufferers can also make a claim through one or more trusts established by companies that manufacture asbestos-containing products. The process of getting compensation from these trusts differs from the VA disability benefits. However, it's an option for a lot of people who were diagnosed with mesothelioma or other asbestos attorneys-related diseases.
No matter which path they choose, a mesothelioma or asbestosis lawyer can assist veterans in obtaining the justice they deserve. Compensation can come in the form of a lump-sum payment or a monthly benefit. They can also help you obtain additional financial support through the government, like an allowance for housebound people and Aid and Attendance benefits.
If a veteran's VA mesothelioma classification is cut or denied, they may appeal the decision. They can appeal the decision by requesting a Supplemental Claims, requesting an additional level of review or appeal to the Board of Veterans Appeals. An attorney can help explain the options available and how to appeal to the VA. In certain cases, this can even include a trial that could lead to a jury verdict and a settlement.
Asbestos Trusts
Trust funds set up by asbestos-using companies may be used to compensate asbestos victims. When asbestos producers were aware of the dangers associated with their products and how they could harm people, many declared bankruptcy to reduce their liabilities. These companies, which were debtors, established asbestos trusts in order to cover medical expenses of their victims.
When an individual is seeking mesothelioma, or any other asbestos-related disease, compensation from a bankruptcy trust, they must disclose the circumstances of their condition and link it to an asbestos-related product. An asbestos lawyer who is knowledgeable of law can assist in determining which trust to file a claim against. The lawyer can help collect and submit the necessary evidence to show that the symptoms of an asbestos victim are a result of a specific company, or product containing asbestos.
The asbestos trust will assess the claim and assign a case value once asbestos victims have submitted the claim. The trust can utilize an expedited review procedure, which settles claims with a fixed payout. It also can use a procedure known as individual review, which analyzes the evidence in greater depth and could award a higher payout than expedited review.
Many asbestos trusts may have payment schedules that span between months and years. During this time, trusts will review other cases and may approve or reject them. This can be frustrating for mesothelioma patients as well as their families and attorneys.
Many asbestos companies also use a percentage of payment that reduces the value of an claim. This is to ensure that asbestos trusts aren't depleted of funds before all victims have been compensated.
Asbestos victims who don't receive a payment from a bankruptcy trust could be eligible to file a suit against the asbestos manufacturer responsible for their exposure. The litigation process is costly and long. Many asbestos victims opt to file a claim through the asbestos trusts, particularly when they are diagnosed with mesothelioma or any other asbestos-related illnesses. A lawyer with experience is the best way to get the most compensation.
Compensation Damages
Compensation from asbestos settlements or awards can help families and victims with expenses such as prescription drugs, in-home healthcare, travel expenses, and more. However, determining how much your mesothelioma case may be worth is complicated and is highly dependent on personal circumstances.
Mesothelioma lawyers can use their experience to help determine what your potential claim is worth. A mesothelioma lawyer who is qualified has a proven track record of filing thousands of successful asbestos lawsuits and settlements for those affected by mesothelioma or other asbestos-related diseases.
There are two kinds of mesothelioma lawsuits that are wrongful death. Both seek financial compensation from companies that wrongfully exposed victims to asbestos. A personal injury lawsuit is brought by a victim, while a wrongful-death lawsuit is filed on behalf of a person who has died from an asbestos related illness like mesothelioma.
Certain mesothelioma cases go to trial, despite the fact that the majority settle. The decision to decide whether to settle or go to trial is based on a variety of factors, including the amount of evidence the victim's attorney has and the likelihood that the defendant will lose at trial. In the majority of cases, defendants opt to settle rather than risk losing a substantial verdict at trial and the negative publicity that might be the result.
A mesothelioma case can compensate a victim for their pain and suffering, medical expenses, lost income and companionship, as as other losses for the family. Based on the severity of a person's mesothelioma or another asbestos-related disease, compensation can also include punitive damages meant to penalize the defendant and discourage similar conduct in the future.
Veterans are at greater risk of developing an asbestos-related ailment. Veterans account for 30% of mesothelioma cases reported each year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related disease. They provide financial and medical benefits according to the severity of the disease. To make a VA disability claim make contact with the Veterans Affairs Assistance Office in your area or call 1-877-824-6774. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have recovered hundreds millions of dollars in settlements and verdicts, and are recognized as national leaders in mesothelioma lawsuits by insurance companies and defendants.