How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards can be used to pay for home care, transportation and other costs.
A knowledgeable attorney can assist you in understanding all your options and determine what type of claim you should submit. A lawyer can examine your history of work, health and asbestos exposure to document your claims.
Military Service
Patients suffering from asbestos-related illnesses like mesothelioma and cancer could be eligible for compensation from the Department of Veterans Affairs. A mesothelioma lawyer certified by the VA can help veterans begin the process of compensation.
All branches of the military used asbestos throughout the 20th century because of its heat resistance, fireproofing and durability qualities. Navy veterans who worked on ships were at a higher risk of exposure to asbestos, since asbestos was utilized in boiler systems and insulation. Air Force veterans who worked with parts of aircraft engines such as rotors, fuel systems and hydraulics also were exposed to asbestos because of the material's use in these components. Marine Corps veterans who were stationed at naval bases or barracks might have been exposed as well.
No matter what the branch of service, a lot of veterans who were exposed to asbestos during the military didn't realize that this harmful mineral could cause mesothelioma or other serious health issues. They did not file VA claims after being diagnosed with asbestos-related illnesses.
A mesothelioma lawyer who is qualified can help veterans obtain VA benefits, including monthly payments. A lawyer can review the medical records of the patient to determine their eligibility for compensation.
The amount of compensation awarded will depend on a veteran's level of disability and proof of exposure to asbestos during their military service. A lawyer can assist veterans in completing the appropriate paperwork to prove this connection.
Veterans with service-connected mesothelioma receive a monthly payout depending on their disability rating. Veterans suffering from non-malignant lung ailments such as pleural plaques or asbestosis are eligible for smaller amounts. In some cases, the family members of a veteran may be eligible to receive compensation.
In addition to the compensation for mesothelioma patients, veterans are eligible for free VA healthcare and assistance with the cost of their treatment. This support is vital for families that have been diagnosed with mesothelioma. The financial assistance veterans receive through VA benefits can help ease the burden of mesothelioma treatment and allow them to focus on their own treatment. A patient with mesothelioma must discuss these options with a lawyer as soon as possible to start the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related ailments like mesothelioma may be eligible for disability compensation. The VA offers a variety of programs to help disabled veterans. Compensation is based on a person's VA disability rating and how their condition affects their daily life.
A veteran must demonstrate their illness to be linked to their military service before they can be eligible for VA disability benefits. This requires a written record of asbestos exposure that details when, where and how the individual was exposed to asbestos to asbestos during their time in the military. The VA must also review medical records, and conduct a physical examination that includes chest X-rays, lab testing and lung function tests.
An experienced mesothelioma lawyer can assist veterans through the VA claims 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 connect the service members with medical professionals that confirm the diagnosis and provide evidence in their medical records of exposure to asbestos.
Asbestos victims may also claim compensation through one or more trusts established by the companies that made asbestos-containing products. Milpitas asbestos lawsuit of obtaining compensation from these trusts differs from the VA disability benefits. It's an option for many people suffering from mesothelioma and asbestos-related illnesses.
No matter which path they decide to take, a mesothelioma or asbestosis lawyer can help veterans get the compensation they deserve. Compensation may be in the form of a lump sum payment or a monthly benefit. They may also help you get additional financial assistance from the government, such as aid for homebound and Aid and Attendance benefits.
Veterans can appeal an VA mesothelioma decision that is reduced or denied. They may appeal the decision through requesting a Supplemental Claims, asking for a higher level review or appeal to the Board of Veterans Appeals. An attorney can explain the options available and how to appeal to the VA. In some cases, this can even include an appeal that could lead to a jury verdict and award of compensation.
Asbestos Trusts
Trust funds set up by asbestos-using companies can compensate asbestos victims. When asbestos producers became aware of the dangers associated with their products and the potential to harm people, a lot of them filed for bankruptcy to limit their liability. As a result, these companies that were in debt set up asbestos trusts to pay medical claims of their victims.
If a person files for mesothelioma or another asbestos-related disease from an bankruptcy trust, they have to be able to describe the circumstances surrounding their illness and tie it to the specific asbestos product. A lawyer who is knowledgeable with asbestos law can help in determining which bankruptcy trust to file your claim with. The lawyer will then assist to gather and submit the required documentation to prove that the asbestos victim's symptoms are a result of a specific firm, or product that contains asbestos.
When asbestos victims file a claim an asbestos trust will examine the claim and determine the value of the case. The trust may use a process known as expedited review, which allows cases to be settled quickly with a fixed amount of payout. It also has a procedure known as individual review that examines the evidence in greater depth and could award a greater 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 decide whether to approve or reject them. This can be a source of frustration for mesothelioma patients, their families, and their lawyers.
Many asbestos companies also utilize a percentage of payment that reduces the value of an claim. This is to ensure that the asbestos trusts do not be unable to pay their bills before all victims are paid.
If asbestos victims do not receive a payout through a bankruptcy trust they might be able to bring a lawsuit against the asbestos manufacturer that exposed them. However, the litigation process can be lengthy and costly. Most asbestos victims choose to file a claim through asbestos trusts, especially if they have been diagnosed with mesothelioma as well as other asbestos-related diseases. A lawyer with experience is the best way to secure the maximum compensation.
Compensatory Damages
Compensation from asbestos settlements or awards could help families and victims with expenses like prescription drugs, in-home treatment, travel expenses and much more. However, determining how much your mesothelioma lawsuit could be worth is difficult and highly dependent on individual circumstances.
Mesothelioma lawyers can draw on their expertise to help determine what your potential claim is worth. A qualified mesothelioma lawyer will have a track record of filing thousands of successful asbestos lawsuits and settlements for those affected by mesothelioma or other asbestos-related illnesses.
There are two kinds of mesothelioma claims: personal injury and wrongful death. 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 lawsuit is filed on behalf of a person who died from an asbestos-related disease, such as mesothelioma.
While most mesothelioma lawsuits settle however, some go to trial. The decision to decide whether to settle or go to trial is based upon a number of factors, including how much evidence the lawyer for the victim has and the probability that the defendant will lose in court. In most instances, defendants choose to settle instead of losing a substantial judgment in 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. Depending on the severity mesothelioma, or another asbestos-related disease, compensation can include punitive damages to punish the defendant and deter similar behavior in the future.
Asbestos victims are at increased chance of developing an asbestos-related illness particularly veterans. This is why veterans comprise around 30% of mesothelioma lawsuits that are filed every year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related ailments. Contact the Veterans Affairs Assistance Office located in your region, or call 1-877-824-6774 to file a 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 and insurers as national leaders in mesothelioma litigation.