How to Calculate Asbestos Compensation
Many families impacted by asbestos-related illnesses need access to compensation. These financial awards assist in paying for care at home and transportation, as well as other costs.
An experienced lawyer can assist you to understand all your options and determine what type of claim you should file. A lawyer can review your history of work, health and asbestos exposure to support your claims.
Military Service
Patients suffering from asbestos-related diseases such as mesothelioma and lung cancer could be eligible to receive compensation from the Department of Veterans Affairs. A mesothelioma lawyer certified by the VA can assist veterans to begin the compensation process.
All military branches used it during the 20th century due to its heat resistance and fireproofing properties. Navy veterans who worked on ships were more at risk of asbestos exposure, as asbestos was used in boiler systems and insulation. Air Force veterans who worked on the components of engines for aircraft such as rotors and hydraulics, fuel systems, and hydraulic systems were also exposed to asbestos since the material was utilized in these parts. Marine Corps veterans who were stationed at naval bases or in barracks may have been exposed to asbestos as well.
Whatever the service branch, many veterans who were exposed to asbestos in the military did not realize that this contaminant could lead to mesothelioma or serious health issues. As a result, many veterans did not make VA claims or seek compensation after an asbestos-related diagnosis.
A mesothelioma lawyer can assist veterans get VA benefits, like monthly compensation. A lawyer can review the medical records of the patient to determine his or her eligibility for compensation.
Compensation amounts are determined by the degree of the veteran and proof of asbestos exposure during military service. A lawyer can assist veterans in completing the proper paperwork to prove this connection.
Veterans with mesothelioma that is related to service are eligible for a monthly payment according to 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 vet may 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 assistance is essential for families who have been diagnosed with mesothelioma. The financial assistance a veteran receives through VA benefits can ease the burden of mesothelioma treatments and allow them to concentrate on their treatment. A patient with mesothelioma must discuss these options with a lawyer immediately to begin the process of obtaining 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 to help disabled veterans. Compensation is dependent on a person's VA disability rating and how their medical condition affects their daily activities.
A veteran must demonstrate their illness is linked to their military service prior to being able to be eligible for VA disability benefits. This means submitting an exposure record that outlines where, when and how they were exposed to asbestos during their military career. The VA must also review medical documentation and perform physical examinations that include chest X-rays, lab tests and lung (pulmonary) function tests.
An experienced mesothelioma lawyer can help veterans with the VA claims process. They can assist them in submitting the proper forms and pinpoint the exact location of their service-related exposure to asbestos. They can also help them connect with medical professionals who can confirm the diagnosis and provide proof of asbestos exposure in their medical records.
Asbestos sufferers can also file a claim at one or more trusts set up by companies that make asbestos-containing products. Obtaining compensation from these trusts is different from applying for VA disability benefits. It is, however, a viable option for many people who were diagnosed with mesothelioma and other asbestos-related diseases.
A mesothelioma attorney or an asbestosis attorney can help veterans get the compensation they deserve, regardless of the method they choose. Compensation may be in the form of a lump sum payment or a monthly benefit. They can also assist you to get additional financial assistance from the government, such as an allowance for housebound people and Aid and Attendance benefits.
If a veteran's VA mesothelioma rating is reduced or denied, they may appeal the decision. They may appeal the decision by requesting an appeal through Supplemental Claims, asking for an additional level of review or appealing to a Board of Veterans Appeals. An attorney can provide information on the options available and how to appeal to the VA. In certain cases it is possible to have a trial held that would result in a verdict from jurors and compensation.
Asbestos Trusts
Asbestos victims can get compensation from trust funds that were set by companies that used asbestos-based products. As asbestos manufacturers became aware of the dangers their products posed to the public and their families, they filed for bankruptcy to limit their liability. As a result, the companies that were in debt set up asbestos trusts to pay medical claims from their victims.
If someone is seeking mesothelioma, or any other asbestos-related disease compensation from an bankruptcy trust, they must provide the circumstances of their condition and link it to a specific asbestos product. An experienced lawyer with expertise in asbestos law can help decide which trust to file a claim against. The lawyer can then help gather 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.
The asbestos trust will assess the claim and assign a case value once asbestos victims have filed it. The trust may use an expedited review procedure, which settles cases through an agreed-upon payout. It can also use a process known as individual review that examines the evidence more thoroughly and could award a greater payout than expedited review.
Many asbestos trusts have payment schedules which can take anywhere from months to years to complete. During this period, the trusts may look over other cases to determine whether they should be accepted or rejected. This can be a frustrating experience for mesothelioma patients and their families as well as their attorneys.
In addition there are asbestos companies that have an approach called payment percentages, which lowers the total value of the claim. This is to ensure that asbestos trusts don't run out of funds before all victims have been compensated.
If asbestos victims do not receive a payout through bankruptcy trusts, they may be able start a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. However, the litigation process can be long and expensive. Most asbestos victims prefer to file a claim through trusts for asbestos, particularly if they have been diagnosed with mesothelioma as well as other asbestos-related diseases. Working with an experienced attorney is the best method to receive the maximum compensation.
Compensatory Damages
Compensation from asbestos settlements and awards can assist victims, their families, and others with expenses like prescription drugs, home health travel expenses, and much more. The process of calculating the value of your mesothelioma claim is complex and highly dependent on your personal circumstances.
Mesothelioma lawyers can utilize their experience to help determine the value of your claim. A mesothelioma lawyer who is qualified has a proven track record of submitting thousands of winning asbestos lawsuits and settlements for those affected by mesothelioma or other asbestos-related illnesses.
There are two kinds of personal injury claims, and the wrongful death. Both seek financial compensation from companies that wrongfully exposed patients to asbestos. A personal injury lawsuit is filed by an injured person and a wrongful death lawsuit is filed on behalf of a victim who died due to an asbestos-related illness like mesothelioma.
While most mesothelioma lawsuits settle, some do go to trial. The decision whether to settle or go to trial depends on a number of factors which include the amount of evidence the lawyer for the victim has and the probability that the defendant will lose the trial. In most instances, defendants choose to settle instead of losing a substantial judgment in trial and the negative publicity that may be the result.
A mesothelioma lawsuit can be used to compensate a victim for pain and suffering, medical expenses, lost income and companionship, as well as other losses for the family. Depending on the severity a person's mesothelioma or another asbestos-related illness, compensation may be accompanied by punitive damages to penalize the defendant and discourage similar conduct in the future.
Asbestos sufferers are at greater risk for developing an asbestos-related illness particularly veterans. Veterans account for around 30 percent of mesothelioma-related cases reported each year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related illness and provides healthcare and financial compensation dependent on the severity of the illness. Contact South Bend asbestos lawsuits located in your area, or call 1-877-824-6774 to make an VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have recovered hundreds of millions in settlements and judgments and are recognized by defendants and insurers as leaders in national mesothelioma litigation.