How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require compensation. These financial awards assist in paying for home care and transportation, as well as other costs.
An experienced lawyer can help you decide on the most suitable type of claim for you. A lawyer can review your history of work, health and asbestos exposure to support your claims.
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 in beginning the process of obtaining compensation.
All branches of the military used asbestos in the 20th century because of its fireproofing, heat resistance and toughness. Navy veterans who worked on ships were at a higher risk of exposure to asbestos as asbestos was used in boiler systems and insulation. Air Force veterans who worked with parts of aircraft engines like rotors and hydraulics and fuel systems 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 be exposed too.
Many veterans exposed to asbestos during their service in the military did not realize that this toxic mineral can cause mesothelioma as well as other serious health issues. This is why the veterans did not file VA claims or seek compensation after an asbestos-related diagnosis.
A mesothelioma lawyer can assist veterans to receive 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 veteran's level and proof of asbestos exposure during their military service. A lawyer can help veterans prepare the paperwork needed to prove this connection.
Veterans with service-connected mesothelioma receive a monthly payment depending on their disability rating. Veterans who suffer from non-malignant lung diseases like pleural plaque or asbestosis may be eligible for smaller payments. In certain instances, family members of a veteran could be eligible to receive compensation.
Patients diagnosed with mesothelioma might be eligible for free VA healthcare and financial aid to cover their treatment. This support is crucial for a family who has a mesothelioma diagnosis. Newton asbestos lawyer receive through VA benefits can help ease the burden of mesothelioma treatments and allow them to concentrate on their own treatment. A veteran with mesothelioma should discuss these options with a legal representative immediately to begin the process of obtaining compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related ailments such as mesothelioma might be qualified for disability benefits. The VA provides a range of programs to assist disabled veterans. Compensation is based on the person's VA Disability Rating and how it affects their daily lives.
A veteran must prove that their illness is linked to their military service prior to being able to receive VA disability benefits. This involves providing a written exposure history detailing where, when and how they were exposed to asbestos during their time in the military. The VA must also look over medical documentation, conduct a physical examination that includes chest X-rays, laboratory testing and lung function tests.
A mesothelioma lawyer who is experienced can help veterans with the VA claims process. They can assist veterans to fill out the correct forms, and pinpoint the places where they were exposed to asbestos during their service. They can also help them connect with medical professionals who can verify the diagnosis and provide evidence of exposure to asbestos in their medical records.
Asbestos victims can also claim compensation through one or more of the trusts created by companies that manufactured asbestos-containing products. The process for obtaining the compensation these trusts provide differs from VA disability benefits. However, it is an option for a lot of people who were diagnosed with mesothelioma and other asbestos-related diseases.
A mesothelioma lawyer or asbestosis attorney can help veterans receive the amount of compensation they need, regardless of the route they choose. Compensation can come in the form of a lump-sum payment or an ongoing monthly benefit. They can also help you get additional financial assistance from the government, such as an allowance for housebound people and Aid and Attendance benefits.
If a veterans VA mesothelioma score is reduced or denied, they are able to appeal the decision. They can request an Supplemental Claim, request an additional level of review or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. A lawyer can explain these options and how to appeal to the VA. In certain cases, a trial could be conducted that results in a verdict by the jury and compensation.
Asbestos Trusts
Trust funds established by asbestos-using companies can compensate asbestos victims. As asbestos manufacturers became more aware of the dangers their products pose to the public they filed for bankruptcy to limit their liability. As a result, the companies who were in debt created asbestos trusts to pay medical claims of their victims.
If someone files for mesothelioma or another asbestos-related disease from a bankruptcy trust, they must disclose the circumstances of their condition and link it to a specific asbestos product. A lawyer that is familiar with asbestos law can assist in determining which bankruptcy trust to file your claim with. Then, the lawyer can assist in gathering and filing the required documentation to prove the asbestos victim's symptoms and their link to a specific company or asbestos-containing product.
When asbestos victims file an application and the asbestos trust examine the claim and determine the value of the case. The trust can utilize an expedited review process, which settles cases through an agreed-upon payout. It also has a procedure known as individual review, which analyzes the evidence in greater depth and could award a higher amount than the expedited review.
Many asbestos trusts can have payment schedules which take from months to years. In this time the trusts will examine other cases to determine if they should be deemed to be approved or rejected. This can be a source of frustration for mesothelioma sufferers, their family members and their lawyers.
In addition to this, many asbestos companies use the option of paying percentages, which reduces the value of an claim. This is to ensure that the asbestos trusts don't run out of funds before all victims have been paid.
If asbestos victims do not receive a payment through bankruptcy trusts, they may be able start a lawsuit to sue the asbestos manufacturer who exposed them. However, the process can be long and costly. Most asbestos victims choose to file a claim with the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or other asbestos-related illnesses. The best way to get the highest possible compensation is to consult a knowledgeable lawyer.
Compensation Damages
Compensation from asbestos settlements and awards can assist victims and their families as well as others with costs such as prescription drugs, home health, travel expenses, and much more. However, calculating how much your mesothelioma case may be worth is a complicated task and highly dependent on individual circumstances.
Mesothelioma lawyers can draw on their expertise to help determine how much your claim is worth. A mesothelioma lawyer who is qualified will have a track record of submitting thousands of winning asbestos settlements and lawsuits for those affected by mesothelioma and other asbestos-related illnesses.
There are two kinds of claims: personal injury claims and the wrongful death. Both seek financial compensation from the companies who exposed victims to asbestos in a wrongful manner. A personal injury lawsuit is filed by a victim and a wrongful death lawsuit is brought on behalf of a victim who has died from an asbestos related illness such as mesothelioma.
While most mesothelioma lawsuits settle, some do go to trial. The decision to settle or go to trial is based upon a number of factors, including the amount of evidence the attorney for the victim has and how likely it is that the defendant will lose in court. In most cases, defendants choose to settle rather than risk an enormous verdict at trial and the possible negative publicity that might be the result.
A mesothelioma lawsuit can compensate a victim for pain and suffering as well as medical expenses, loss of income and companionship, as as other losses for the family. The compensation can also include punitive damages, depending on the severity of mesothelioma illness or other asbestos-related diseases. Punitive damages are intended to penalize and discourage similar behavior.
Veterans are at a higher chance of contracting an asbestos-related illness. Veterans account for about 30 percent of mesothelioma cases that are reported each year. The Department of Veterans Affairs offers financial and healthcare compensation to veterans who are diagnosed with asbestos-related illnesses. To submit a VA disability claim, contact the Veterans Affairs Assistance Office in your area or call 1-877-824-774. 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 verdicts, and are recognized as national leaders in mesothelioma litigation brought by insurers and defendants.