How to Calculate Asbestos Compensation
Many families impacted by asbestos-related diseases require access to compensation. These financial awards can be used to cover transport, home care and other costs.
An experienced lawyer can help you determine the best type of claim to pursue. An attorney can look over your history of work, health and asbestos exposure to document your claims.
Military Service
Veterans diagnosed with asbestos-related illnesses like mesothelioma or cancer may be eligible for compensation through 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 throughout the 20th century because of its fireproofing, heat resistance and durability properties. However, Navy veterans who spent time on ships were especially at risk of exposure because asbestos was frequently used in boiler systems and as insulation on naval vessels. Air Force veterans who worked on aircraft engine parts like rotors and hydraulics and fuel systems were exposed to asbestos as a result of the material's use in these parts. Marine Corps veterans who were stationed at naval bases or in barracks could have been exposed as well.
Whatever branch of service, many veterans exposed to asbestos in the military didn't realize that this harmful mineral could cause mesothelioma or other serious health issues. In the end, these veterans often did not file VA claims or seek compensation after an asbestos-related diagnosis.
A mesothelioma attorney can help veterans get VA benefits, such as monthly compensation. A lawyer can review the medical records of a patient and exposure history to determine whether they qualify for compensation.
The amount of compensation is determined by the degree of the veteran and proof of asbestos exposure during military service. A lawyer can help veterans prepare the paperwork needed to prove this 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 certain instances, family members of a veteran may be eligible for compensation.
In addition to the compensation in addition to compensation, mesothelioma patients are eligible for free VA health care and help paying for their treatment costs. This support is crucial for families dealing with mesothelioma as a diagnosis. The financial aid a veteran can get through VA benefits can alleviate the burden of mesothelioma treatments and allow them to focus on their treatment. A veteran with mesothelioma should discuss these options with a lawyer as soon as they can to start the compensation process.
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 range of programs designed to help disabled veterans. Compensation is determined by the person's VA Disability Rating and how it affects their everyday life.
A veteran must demonstrate their illness to be linked to their military service before they can receive VA disability benefits. 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 examine medical records, and conduct physical examinations that include chest X-rays, laboratory testing and lung function tests.
Veterans are able to take advantage of the assistance of a mesothelioma lawyer who is experienced during the VA claim process. They can assist veterans in submitting the correct forms, and pinpoint the places where they were exposed to asbestos during their time of service. They can also connect them to medical professionals who can confirm the diagnosis and provide proof of exposure to asbestos in their medical records.
Asbestos sufferers can also file a claim with one or more trusts set up by the companies that made asbestos-containing products. The process of obtaining compensation from these trusts is a different process than applying for VA disability benefits. It's a viable option for many who are who have mesothelioma or other asbestos-related illnesses.
No matter which path they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans get the compensation they deserve. Compensation can be paid in the form of a lump-sum payment or a monthly benefit. In addition, they can assist in obtaining additional financial support from the government through a aid and Attendance benefits.
If a veteran's VA mesothelioma classification is cut or denied, they can appeal the decision. They can apply for an Supplemental Claim, request 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 appeal to the VA. In certain cases, a trial could be conducted that results in a verdict by jurors and compensation.
Asbestos Trusts
Trust funds established by asbestos-using businesses can be used to pay asbestos victims. As asbestos producers became aware of the dangers their products posed to the public, they filed for bankruptcy in order to reduce their liability. These companies that were in debt created asbestos trusts to pay medical claims of their victims.
If a person is seeking compensation from a bankruptcy trustee, they must describe the causes of their disease and link it to a specific product. An experienced lawyer with expertise in asbestos law can help determine which trust to file a claim against. The lawyer can help collect and submit the necessary documentation to prove that the symptoms of the asbestos victim are a result of a specific company, or product containing asbestos.
Once asbestos victims submit a claim and the asbestos trust review it and determine the value of the case. The trust may use an expedited review process, which settles cases through a fixed amount. It may also utilize an individual review, which takes a more detailed look at the evidence and may award a higher payout than offered by expedited review.
Many asbestos trusts have payment plans that can take from months to years to complete. During this period the trusts will review other cases to determine if they should be approved or how much compensation do you get for asbestosis rejected. This can be a frustrating experience for mesothelioma patients, their families and their attorneys.
Many asbestos companies also use a payment percentage that reduces the value of a claim. This is to ensure that the asbestos trusts don't run out of funds before all victims have been compensated.
If asbestos victims do not receive a payout through a bankruptcy trust or trust, they could bring a lawsuit against the asbestos manufacturer that exposed them. The process of suing can be costly and time-consuming. The majority of asbestos victims opt to file a claim through the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or other asbestos-related illnesses. A lawyer with experience is the best method to receive the maximum compensation.
Compensation Damages
Compensation from asbestos settlements and awards can assist victims their families, as well as others with costs such as prescription medications, home care as well as travel expenses and much more. However, calculating how much your mesothelioma claim could be worth is a complicated task and highly dependent on individual circumstances.
Mesothelioma lawyers can draw on their experience to help you determine how much your claim is worth. A mesothelioma attorney with experience has filed thousands of successful asbestos cases and has secured settlements on behalf of people who are affected by mesothelioma, or other asbestos-related diseases.
There are two kinds of mesothelioma cases: personal injury and wrongful death. Both seek financial awards from companies who wrongly exposed victims to asbestos. The difference between them is that a personal injury suit is filed by an injured individual and a wrongful-death lawsuit is filed on behalf of a person who passed away due to an asbestos-related illness, like mesothelioma.
While most mesothelioma lawsuits settle but some do go to trial. The decision of whether to settle or to go to trial depends on a variety of variables which include the amount of evidence the victim's lawyer has and the probability that the defendant will lose the trial. In most instances, defendants choose to settle rather than risk losing a substantial judgment in trial and the negative publicity that could be the result.
A mesothelioma case can compensate a victim for suffering and pain, medical expenses, lost income and companionship, as as other losses to the family. The compensation can also include punitive damages, depending on the severity of the mesothelioma or asbestos-related diseases. Punitive damages are meant to deter and punish future similar conduct.
Asbestos victims are at increased chance of developing an asbestos-related illness, especially veterans. As such, veterans account for around 30% of mesothelioma claims filed every year. The Department of Veterans Affairs aids eligible veterans diagnosed with an asbestos-related illness and provides financial and medical benefits according to the severity of the disease. To file a VA disability claim, contact the Veterans Affairs Assistance Office in your area or call 1-877-824-6774. The law firm LK has represented thousands asbestos victims and their families. Our lawyers have secured hundreds of millions of dollars in settlements and verdicts and are regarded as the top lawyers in the country in mesothelioma lawsuits by insurance companies and defendants.