How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require access to compensation. These financial awards can be used to pay for at-home care, transportation and other expenses.
An experienced attorney will assist you in determining the best kind of claim for you. A lawyer can examine your work history as well as the health status, and asbestos exposure in order to prove your claim.
Military Service
Veterans with asbestos-related diseases like mesothelioma or lung cancer could be eligible to receive compensation from the Department of Veterans Affairs. An attorney certified by VA for mesothelioma can assist veterans in beginning the process of compensation.
All branches of the military used asbestos during the 20th century because of its heat resistance, fireproofing and durability properties. However, Navy veterans who spent time aboard ships were the most at risk of exposure because asbestos was frequently used in boiler systems as well as insulation on naval vessels. Air Force veterans who worked with parts of aircraft engines like rotors and fuel systems and hydraulics also were exposed to asbestos as a result of the material's use in these components. Marine Corps veterans who were stationed at naval bases or in barracks could have been exposed to asbestos as well.
Many veterans exposed to asbestos during their military service did not know that this contaminant mineral could cause mesothelioma as well as other serious health complications. As a result, the veterans did not submit VA claims or seek compensation after an asbestos-related diagnosis.
A mesothelioma lawyer can assist veterans receive VA benefits, including monthly compensation. A lawyer can examine the medical records of the veteran to determine their admissibility to compensation.
Compensation amounts are determined by the level of the veteran and evidence of asbestos exposure during military service. A lawyer can assist a veteran in filing the appropriate paperwork to prove this connection.
Veterans with mesothelioma that is related 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 are eligible for smaller payouts. In some cases, the family members of a veteran may be eligible to receive compensation.
Patients diagnosed with mesothelioma might be eligible for free VA medical care, and financial aid to cover their treatment. This assistance is essential for a family dealing with mesothelioma-related diagnosis. The financial aid a veteran receives through VA benefits can alleviate the burden of mesothelioma treatments and let them focus on their treatment. A mesothelioma patient needs to discuss his options with an attorney immediately in order to begin the process of compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma could be qualified for disability benefits. The VA has a number of programs designed to assist disabled veterans. Compensation is determined by the person's VA Disability Rating and how it affects their everyday life.
To be eligible for VA disability benefits, a veteran must first prove that their illness is linked to their military service. This requires a written exposure history detailing the dates, times and locations they were exposed to asbestos during their time in the military. The VA must also examine medical documentation, conduct physical examinations that include chest X-rays, lab testing and lung function tests.
A knowledgeable mesothelioma lawyer will assist veterans in the VA claims process. They can help them submit the correct forms and determine the locations of their service-based exposure to asbestos. They can also help connect service members to medical professionals that confirm the diagnosis and provide proof in their medical records of exposure to asbestos.
Asbestos victims can also make a claim through one or more trusts established by companies that produce asbestos-containing products. In order to receive compensation from these trusts, it is different from applying for VA disability benefits. It is, however, an option for a lot of people who have been diagnosed with mesothelioma and other asbestos-related diseases.
Regardless of which route they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans obtain the compensation they deserve. Compensation may be offered as a lump sum payment or a monthly benefit. In addition, they can help in obtaining financial support from the government in the form of a aid and Attendance benefits.
If a veteran's VA mesothelioma classification is cut or denied, they can appeal the decision. They may appeal the decision through requesting a Supplemental Claims, requesting a higher level review, or appeal to the Board of Veterans Appeals. An attorney can help explain the options and how appeal to the VA. In some cases it is possible to have a trial conducted that results in a verdict by a jury and compensation.
Asbestos Trusts
Trust funds created by asbestos-using companies may be used to compensate asbestos victims. When asbestos producers became aware of the dangers of their products and the potential to harm people, a lot of them declared bankruptcy to reduce their liabilities. In the process, these companies who were in debt created asbestos trusts to pay medical claims from their victims.
If someone files for mesothelioma or another asbestos-related disease compensation from an bankruptcy trust, they have to be able to describe the circumstances surrounding their illness and connect it to a specific asbestos product. A lawyer who is familiar with asbestos law can help in determining which trust to file your claim with. The lawyer can then help to gather and submit the required documentation to prove that the asbestos victim's symptoms are linked to a specific company, or product containing asbestos.
Once asbestos victims submit a claim, the asbestos trust will review it and determine the value of the case. The trust may use an expedited review, which settles cases quickly, with a set amount of money. It can also use an individual review that examines the evidence in greater depth and may award a larger payout than expedited review.
Many asbestos trusts have payment plans that can take months to to complete. During this period trusts can review other cases to determine if they should be approved or rejected. This can be a frustrating experience for mesothelioma patients as well as their families and lawyers.
Many asbestos companies also utilize a percentage of payment that reduces the value of an claim. This is so that asbestos trusts do not be unable to pay their bills before all victims are paid.
Asbestos victims who do not receive a payment from a bankruptcy trust could be in a position to file a lawsuit against the asbestos manufacturer accountable for their exposure. However, the process can be long and expensive. Many asbestos victims prefer filing a claim through asbestos trusts, especially if they have been diagnosed with mesothelioma and other asbestos-related diseases. Working with an experienced attorney is the best method to receive the maximum compensation.
Compensation Damages
Compensation from asbestos settlements or awards could help victims and their families with expenses like prescription medications, home treatment, travel expenses and much more. However, determining the amount your mesothelioma case may be worth is complicated and highly dependent on your individual circumstances.
Mesothelioma lawyers can leverage their knowledge to help determine the worth of your claim. An attorney who has experience in mesothelioma will have filed thousands of successful asbestos cases and has secured settlements on behalf of those who are affected by mesothelioma or other asbestos-related illnesses.
There are two types: personal injury claims and wrongful deaths. Both seek financial compensation from companies who exposed victims to asbestos in a negligent manner. The difference between the two is that a personal injury lawsuit is brought by an injured person and a wrongful death suit is filed on behalf of a person who passed away due to an asbestos-related illness, like mesothelioma.
Although the majority of mesothelioma lawsuits are settled however, some go to trial. The decision to decide whether to settle or go to trial is based upon a number of aspects, including the amount of evidence the lawyer for the victim has and the probability that the defendant will lose in court. In most cases, defendants opt to settle instead of losing a large judgment at trial and the negative publicity that might be the result.
A mesothelioma lawsuit can provide compensation for the monetary value of the suffering and pain of a person, past and future medical expenses and lost income, as well as for loss of companionship and other family losses. Compensation may include punitive damages, depending on the severity of mesothelioma disease or other asbestos-related diseases. Punitive damages are intended to deter and punish future similar asbestos compensation conduct.
Veterans are at greater chance of contracting an asbestos-related illness. Veterans account for around 30% of mesothelioma cases reported each year. The Department of Veterans Affairs offers financial and healthcare compensation to veterans who are diagnosed with asbestos-related ailments. To file 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 of millions in settlements and verdicts, and are regarded by defendants as well as insurers as the top national experts in mesothelioma litigation.