How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require compensation. These financial awards can be used to pay for home care, transportation and other expenses.
An experienced attorney will assist you in determining the best type of claim for you. A lawyer can examine your work history as well as the health status and asbestos exposure to document your claim.
Military Service
Patients suffering from asbestos-related diseases like mesothelioma and cancer could be eligible to receive compensation from the Department of Veterans Affairs. An experienced mesothelioma attorney who has experience in VA claims can assist veterans begin the process of compensation.
All branches of the military used asbestos during the 20th century because of its insulation, heat resistance and toughness. However, Navy veterans who spent time on ships were particularly susceptible to exposure since asbestos was used frequently in boiler systems and as insulation on naval vessels. Air Force veterans who worked on components of aircraft engines like rotors, hydraulics, fuel systems and hydraulic systems were also exposed to asbestos because the material was utilized in these parts. Marine Corps veterans who were stationed at naval bases or in barracks might be exposed too.
Regardless of the service branch, many veterans who were exposed to asbestos during the military were unaware that this toxic mineral could cause mesothelioma or other serious health complications. These veterans didn't file VA claims after being diagnosed with asbestos-related illnesses.
A mesothelioma lawyer with experience can assist veterans to obtain VA benefits, including monthly payments. A lawyer can look over a veteran's medical records and exposure history to determine if they are eligible for compensation.
Compensation amounts are determined based on the level of the veteran and evidence of asbestos exposure during their military service. An attorney can assist an individual in completing the appropriate paperwork to prove the connection.
Veterans with service-connected mesothelioma receive a monthly payment depending on their disability rating. Veterans with non-malignant lung diseases like asbestosis or pleural plaque are eligible for smaller payouts. In some cases, the family members of a veteran could be eligible for compensation.
In addition to compensation, veterans with mesothelioma are eligible for free VA health care and help to pay for their treatment expenses. 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 concentrate on their treatment. A veteran with mesothelioma should discuss these options with a legal representative as soon as possible to start the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related illnesses such as mesothelioma might be eligible for disability compensation. The VA provides a range of programs to assist disabled veterans. Compensation is determined by the individual's VA Disability Rating and how it impacts their everyday life.
A veteran must demonstrate their illness to be linked to their military service prior to being able to be eligible for VA disability benefits. This is done by submitting a written account of asbestos exposure that details when, where and how the individual was exposed to asbestos during their military career. The VA also needs to review medical documentation and perform physical examinations that include chest X-rays, lab tests and lung (pulmonary) function tests.
A mesothelioma lawyer who is experienced can help veterans with the VA claims process. They can assist veterans to fill out the proper forms and pinpoint the places where they were exposed to asbestos during their time of service. They can also connect the service members with medical professionals who can confirm the diagnosis and provide proof in their medical records of asbestos exposure.
Asbestos victims may also claim compensation through one or more of the trusts created by companies that manufactured asbestos-containing products. The process of getting compensation from these trusts differs from the VA disability benefits. It is, however, an option for many patients who have been diagnosed with mesothelioma or other asbestos-related diseases.
Whatever route they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans get the compensation they deserve. Compensation can be received as a lump sum payment or a monthly benefit. They may also help you receive additional financial support from the government, such as a housebound allowance and Aid and Attendance benefits.
If a veteran's VA mesothelioma rating is reduced or denied, they are able to appeal the decision. They can appeal the decision by filing an appeal under Supplemental Claims, asking for an upper-level review, or appeal to a Board of Veterans Appeals. A lawyer can help explain these options and help appeal to the VA. In certain cases, this can even include an appeal that could lead to a jury verdict and the award of compensation.
Asbestos Trusts
Trust funds set up by asbestos-using companies may be used to compensate asbestos victims. After asbestos manufacturers realized the dangers associated with their products and how they could harm people, many declared bankruptcy to reduce their liabilities. These companies, which were debtors, set up asbestos trusts to cover medical expenses of their victims.
If someone seeks mesothelioma or other asbestos-related disease from an bankruptcy trust, they have to disclose the circumstances of their illness and tie it to an asbestos-related product. A lawyer experienced in asbestos law can help determine which trust to file a claim with. The lawyer can assist in assembling and filing the necessary documentation to prove the asbestos-related symptoms of the victim and their connection to a specific company or asbestos-containing product.
The asbestos trust will evaluate the claim and assign a case value after asbestos victims have filed it. The trust can use the process of expedited review, which allows cases to be settled quickly with a fixed amount of payout. It may also utilize an individual review, which takes an even more thorough examination of the evidence and could award more money than is awarded by expedited review.
Many asbestos trusts have payment schedules that can take from months to years to complete. During this period, the trusts may look over other cases to determine if they should be accepted or rejected. This can be very frustrating for mesothelioma patients as well as their families and lawyers.
Additionally to this, many asbestos companies use a process called payment percentages, which reduces the value of the claim. This is so that asbestos trusts don't be unable to pay their bills before all victims are paid.
Asbestos victims who don't get a payout from a bankruptcy trust might be able to file a lawsuit against the asbestos manufacturer responsible for their exposure. However, the litigation process can be lengthy and costly. Most asbestos victims prefer to file claims through trusts for asbestos, particularly those who have been diagnosed with mesothelioma or other asbestos-related illnesses. A lawyer with experience is the best method to receive the most compensation.
Compensatory Damages
Compensation from asbestos settlements or awards can aid families of victims with expenses like prescription medications, in-home medical treatment, travel expenses and more. The calculation of the value of your mesothelioma claim is complicated and highly dependent on your individual circumstances.
Mesothelioma lawyers can utilize their knowledge to help determine the worth of your claim. A mesothelioma lawyer with experience will have a track record of submitting thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma or any other asbestos-related diseases.
There are two types of mesothelioma cases: personal injury and wrongful death. Both seek financial compensation from businesses who exposed asbestos-related victims in a wrongful manner. The difference between them is that a personal injury suit is filed by an individual who has suffered injury and a wrongful death suit is filed on behalf of a person who passed away due to an asbestos-related disease, such as mesothelioma.
While most mesothelioma lawsuits settle, some do go to trial. The decision whether to settle or to go to trial is contingent on a variety asbestos poisoning compensation of variables such as the amount of evidence that the victim's lawyer has as well as the likelihood that the defendant will lose the trial. In the majority of cases, defendants opt to settle rather than risk losing a substantial judgment at trial and the negative publicity that might be the result.
A mesothelioma case will compensate the victim for their pain and suffering medical expenses, lost income and companionship, as well as other losses for the family. Depending on the severity of mesothelioma, or another asbestos-related illness, compensation may also include punitive damages meant to punish the defendant and deter similar conduct in the future.
Veterans are at greater risk of contracting an asbestos-related illness. Veterans account for around 30 percent of mesothelioma cases that are reported every year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related illness and provides financial and medical benefits dependent on the severity of the illness. To submit an VA disability claim you must contact 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 secured hundreds millions of dollars in settlements and judgments, and are regarded as the top lawyers in the country in mesothelioma lawsuits filed by defendants and insurance companies.