How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards help pay for care at home as well as transportation costs and other.
A knowledgeable attorney can assist you in understanding the various options available and decide what type of claim you should submit. An attorney can look over the work history as well as the health status and asbestos exposure in order to document your claim.
Military Service
Patients suffering from asbestos-related illnesses like mesothelioma or lung cancer could be eligible for compensation from the Department of Veterans Affairs. A mesothelioma lawyer certified by the VA can assist veterans to begin the process of obtaining compensation.
All branches of the military utilized asbestos in the 20th century because of its heat resistance and fireproofing properties. However, Navy veterans who spent time on ships were especially 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 aircraft engine parts like rotors and fuel systems and hydraulics also were exposed to asbestos as a result of the use of asbestos in these components. Marine Corps veterans stationed in naval bases or barracks could also have been exposed.
Many veterans exposed to asbestos during their service in the military did not realize that this contaminant mineral could cause mesothelioma and other serious health issues. They did not make VA claims after being diagnosed with asbestos-related diseases.
A mesothelioma lawyer can assist veterans receive VA benefits, including monthly compensation. A lawyer can examine a veteran's medical records and exposure history to determine if they are eligible 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 the connection.
Veterans with mesothelioma arising from service receive a monthly payout according to their disability rating. Veterans with non-malignant lung diseases such as asbestosis or pleural plaque are qualified for a smaller amount of payouts. In certain cases, family members of a vet may be eligible to receive compensation.
Patients diagnosed with mesothelioma might be eligible to receive free VA healthcare, as well as financial assistance to pay for their treatment. This is a crucial benefit for a family who has a mesothelioma diagnosis. The financial assistance a veteran can get through VA benefits can alleviate the burden of mesothelioma treatments and allow them to concentrate on their treatment. A person suffering from mesothelioma should to discuss his options with an attorney as soon as they can in order to begin the process of compensation.
VA Disability Benefits
A veteran diagnosed with an asbestos-related disease such as mesothelioma may qualify for disability compensation. The VA offers a variety of programs designed to help disabled veterans. Compensation is determined by the individual's VA disability rating and how their medical condition affects their daily activities.
To qualify for VA disability benefits Veterans must first prove that their illness is due to their military service. This means submitting an exposure history that is written out detailing the time, place and manner in which they were exposed to asbestos during their time in the military. The VA must also examine medical records, and conduct a physical examination that includes chest X rays, lab testing and lung function tests.
Veterans are able to take advantage of the assistance of a mesothelioma lawyer who is experienced in the VA claim process. They can assist veterans in submitting the correct forms, and identify the locations where they were exposed to asbestos during their time of service. They can also help connect service members to medical professionals who can confirm the diagnosis and provide evidence in their medical records of asbestos exposure.
Asbestos victims can also file a claim through one or more of the trusts established by the companies that manufactured asbestos-containing products. The process of getting compensation from these trusts differs from VA disability benefits. It's a viable option for many people suffering from mesothelioma and asbestos-related illnesses.
A mesothelioma lawyer or asbestosis lawyer can assist veterans get the amount of compensation they need, regardless of the method they choose. Compensation can be paid in the form of a lump-sum payment or a monthly benefit. Additionally, they could help in obtaining financial aid from the government in the form of a housebound allowance or Aid and Attendance benefits.
If a veterans VA mesothelioma score is reduced or denied, they may appeal the decision. They can file a Supplemental Claim, ask for an additional level of review or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. A lawyer can provide these options and how to file an appeal with the VA. In certain cases it could be accompanied by an appeal that could lead to a jury verdict and the award of compensation.
Asbestos Trusts
Asbestos victims can receive compensation from trust funds that were set by companies that used asbestos products. As asbestos producers became aware of the dangers their products could pose to the public they filed for bankruptcy in order to reduce their liability. These companies that were in debt set up asbestos trusts to pay medical claims of their victims.
If a person is seeking compensation from a bankruptcy trustee they must provide the details of their illness and connect it to a specific product. An asbestos lawyer who is knowledgeable of law can assist in determining which trust to file a claim with. The lawyer will assist in assembling and filing the necessary documentation to establish the asbestos victim's symptoms and their connection to a specific company or asbestos-containing product.
When asbestos victims file an claim, the asbestos trust will look into the claim and assign a value to the case. The trust can utilize an expedited review process which settles cases with a fixed payout. It also has a process known as individual review that examines the evidence in greater depth and could award a higher payout than expedited review.
Many asbestos trusts may have payment schedules that span from months to years. During this period, trusts will be reviewing other cases and may accept or reject them. This can be frustrating for mesothelioma patients as well as their families and attorneys.
Many asbestos companies also use an amount of payment that decreases the value of the claim. This is done so the asbestos trusts don't have to pay out before all victims have been paid.
If asbestos victims do not receive a payment through a bankruptcy trust or trust, they could start a lawsuit to sue the asbestos manufacturer that exposed them. The litigation process can be costly and time-consuming. The majority of asbestos victims prefer filing a claim through asbestos trusts, particularly if they have been diagnosed with mesothelioma or other asbestos-related diseases. A lawyer with experience is the best way to get the maximum compensation.
Compensation Damages
Compensation from asbestos settlements or awards can help families and victims with expenses such as prescription drugs, in-home treatment, travel expenses and more. However, determining the amount your mesothelioma claim could be worth is difficult and highly dependent on your individual circumstances.
Mesothelioma lawyers can leverage their experience to help you determine what your claim is worth. A qualified mesothelioma lawyer will have a track record of submitting thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma or any other asbestos-related illnesses.
There are two types of mesothelioma cases: personal injury and wrongful death. Both seek financial compensation from companies who exposed asbestos-related victims in a wrong way. The difference between the two is that a personal injury suit is brought by an injured person and a wrongful-death lawsuit is filed on behalf of an individual who died due to asbestos-related illness, like mesothelioma.
While the majority of mesothelioma lawsuits settle, some do go to trial. The decision whether to settle or go to trial is based on a number of factors, including the amount of evidence that the lawyer for the victim has and the likelihood that the defendant will lose the trial. In most cases, defendants choose to settle instead of taking on the possibility of a huge verdict in court and the possible negative publicity that might be the result.
A mesothelioma lawsuit can provide compensation for the monetary value of a person's pain and suffering, past and future medical expenses compensation for asbestos related disease and income loss, as well as for loss of companionship and other losses in the family. Depending on the severity mesothelioma, or another asbestos-related disease, compensation can also include punitive damages meant to penalize the defendant and discourage similar conduct in the future.
Asbestos victims are at increased risk of developing an asbestos-related disease especially veterans. This is why veterans comprise around 30% of all mesothelioma claims submitted each year. The Department of Veterans Affairs offers healthcare and financial compensation to veterans who are diagnosed with asbestos-related illnesses. Contact the Veterans Affairs Assistance Office located in your area or call 1-877-824-774 to file an VA Disability Claim. The law firm LK has represented thousands asbestos victims and their family members. Our lawyers have secured hundreds of millions in settlements and verdicts and are regarded by defendants as well as insurers as national leaders in mesothelioma litigation.