How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases need access to compensation. These financial awards help pay for at-home care as well as transportation costs and other.
An experienced attorney can help you understand the various options available and decide the type of claim you want to submit. An attorney can look over your background, health history and asbestos exposure to support your claims.
Military Service
Patients suffering from asbestos-related illnesses like mesothelioma and cancer could be eligible to receive compensation from the Department of Veterans Affairs. A mesothelioma lawyer experienced in VA claims can assist veterans start the process of compensation.
All military branches used asbestos in the 20th century because of its fireproofing and heat resistance characteristics. However, Navy veterans who spent time on ships were especially vulnerable to exposure due to the fact that asbestos was frequently used in boiler systems and as insulation on naval vessels. Air Force veterans who worked with aircraft engine parts like rotors and hydraulics and fuel systems were exposed to asbestos as a result of the use of asbestos in these components. 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 didn't realize that this harmful mineral can cause mesothelioma and other serious health complications. This is why these veterans often did not submit VA claims or seek compensation after an asbestos-related diagnosis.
A qualified mesothelioma lawyer can help veterans obtain VA benefits, including monthly compensation. A lawyer can examine the medical records of a veteran and exposure history to determine if they are eligible for compensation.
The amount of compensation is determined by the level of the veteran and evidence of asbestos exposure during military service. A lawyer can help veterans in completing the proper paperwork to prove this connection.
Veterans with mesothelioma that is connected to service receive a monthly payment based on their disability rating. Veterans suffering from non-malignant lung ailments such as pleural plaque or asbestosis can receive smaller payouts. In some cases, the family members of a veteran may be eligible to receive compensation.
In addition to compensation in addition to compensation, mesothelioma patients can receive free VA healthcare and assistance paying for their treatment costs. This is a crucial benefit for families that have been diagnosed with mesothelioma. The financial assistance a veteran can receive through VA benefits can ease the burden of mesothelioma therapies and let them focus on their treatment. A patient with mesothelioma must discuss these options with a legal representative as soon as possible to begin the process of obtaining compensation.
VA Disability Benefits
A veteran diagnosed with an asbestos-related condition such as mesothelioma might be eligible for disability compensation. The VA offers a variety of programs that are designed to aid disabled veterans. Compensation is dependent on the person's VA disability rating and how their medical condition affects their daily activities.
A veteran must demonstrate their illness to be linked to their military service prior to being able to receive VA disability benefits. This means submitting an exposure record that outlines the time, place and manner in which they were exposed to asbestos during their military career. The VA must also review medical records and conduct physical exams that include chest X-rays, laboratory tests and lung (pulmonary) function testing.
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 to fill out the correct forms, and pinpoint the places where they were exposed to asbestos during their time of service. They can also help connect service members with medical professionals that can confirm the diagnosis and provide proof in their medical records of exposure to asbestos.
Asbestos sufferers can also file a claim through one or more trusts set up by the companies that produced asbestos-containing products. The process of obtaining compensation from these trusts is a different process than filing for VA disability benefits. However, it's an option for many people who were diagnosed with mesothelioma or any other asbestos illnesses.
A mesothelioma lawyer or an asbestosis lawyer can help veterans get the amount of compensation they deserve, regardless of the method they choose. Corona asbestos lawyers 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, like 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 can request an Supplemental Claim, ask for a higher-level 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 file an appeal with the VA. In some cases it is possible to have a trial held, which would result in a verdict by the jury and compensation.
Asbestos Trusts
Trust funds established by asbestos-using businesses can be used to pay asbestos victims. After asbestos manufacturers realized the dangers of their products and the potential to harm people, many filed for bankruptcy to limit their liabilities. As a result, the companies that were in debt set up asbestos trusts to cover medical claims from their victims.
If a person is seeking compensation from a bankruptcy trustee, they must explain the circumstances of their disease and link it to a specific product. An asbestos lawyer who is knowledgeable of law can help determine which trust to file a claim with. The lawyer will assist in assembling and filing the necessary documentation to prove the asbestos victim's symptoms and their link to a specific company or asbestos-containing product.
Once asbestos victims submit an application, the asbestos trust will examine the claim and determine the value of the case. The trust can utilize an expedited review process which settles cases with a fixed amount. It also has an individual review that examines the evidence in greater detail and could award a higher amount than the expedited review.
Many asbestos trusts can have payment schedules that span from months to years. During this period trusts can review other cases to determine whether they should be approved or rejected. This can be a source of frustration for mesothelioma sufferers, their family members, and their lawyers.
Many asbestos companies also use a percentage of payment that reduces the value of the claim. This is done so the asbestos trusts do not have to pay out before all victims are paid.
If asbestos victims don't receive a payment through bankruptcy trusts or trust, they could bring a lawsuit against the asbestos manufacturer who exposed the asbestos-containing product. However, the litigation process can be lengthy and expensive. The majority of asbestos victims choose to file claims through asbestos trusts, especially those who have been diagnosed with mesothelioma as well as other asbestos-related illnesses. The best way to ensure the highest possible compensation is to consult a knowledgeable attorney.
Compensation Damages
Compensation from asbestos settlements and awards can assist victims and their families as well as others with costs like prescription drugs, home care travel expenses, and much more. The process of calculating the value of your mesothelioma claim is complex and highly dependent on your individual circumstances.
Mesothelioma lawyers can utilize their knowledge to help determine the value of your claim. A qualified mesothelioma lawyer will have a history of filing thousands of successful asbestos lawsuits and settlements for those affected by mesothelioma and other asbestos-related illnesses.
There are two types: 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 brought by an injured person and a wrongful death lawsuit is brought on behalf of a victim who has passed away from an asbestos-related illness such as mesothelioma.
While most mesothelioma lawsuits settle however, some go to trial. The decision to either settle or go to trial is based on a variety of factors, including the amount of evidence the lawyer for the victim has and the likelihood that the defendant will lose in court. In the majority of instances, defendants choose to settle instead of taking on a large verdict at trial and the negative publicity that could result.
A mesothelioma suit will compensate the victim for pain and suffering as well as medical expenses, loss of income and companionship, as as other losses for the family. Compensation may include punitive damages based on the severity of the mesothelioma or asbestos-related diseases. Punitive damages are intended to punish and deter future similar behavior.
Veterans are at a higher risk of developing an asbestos-related disease. This is why veterans comprise around 30% of mesothelioma claims submitted each year. The Department of Veterans Affairs aids veterans who are eligible to be diagnosed with an asbestos-related illness and provides healthcare and financial compensation dependent on the severity of the illness. To submit a 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 recovered hundreds of millions in settlements and verdicts and are regarded by defendants and insurers as the top national experts in mesothelioma litigation.