How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards can be used to pay for transport, home care and other expenses.
A knowledgeable attorney can assist you in understanding all options available to you and help you decide the type of claim you want to file. An attorney can look over the work history, health status and asbestos exposure to document your claim.
Military Service
Patients suffering from asbestos-related diseases like mesothelioma and cancer may be eligible to receive compensation from the Department of Veterans Affairs. A VA-certified mesothelioma attorney can assist veterans to begin the compensation process.
All military branches used asbestos in the 20th century due to its heat resistance, fireproofing and durability qualities. Navy veterans who worked on ships were more at risk of exposure to asbestos, because asbestos was used in boiler systems and insulation. Air Force veterans who worked with parts of aircraft engines like rotors and fuel systems and hydraulics also were exposed to asbestos due to the use of asbestos in these components. Marine Corps veterans who were stationed at naval bases or barracks might be exposed too.
No matter what the branch of service, a lot of veterans who were exposed to asbestos during the military did not realize that this toxic mineral can cause mesothelioma and other serious health complications. These veterans did not file VA claims after being diagnosed with asbestos-related illnesses.
A mesothelioma lawyer with experience can assist veterans in obtaining VA benefits, which include monthly payments. A lawyer can review the medical records of the veteran to determine his or her eligibility for compensation.
The amount of compensation is determined by the level of the veteran and evidence of asbestos exposure during their military service. A lawyer can help an individual file the paperwork necessary to prove this connection.
Veterans with service-related mesothelioma are eligible for a monthly payment based on their disability rating. Veterans with non-malignant lung diseases such as asbestosis or pleural plaque are eligible for smaller payouts. In Canton asbestos attorneys , a vet's family members could be eligible for indemnity and dependency compensation.
In addition to compensation in addition to compensation, mesothelioma patients can receive free VA medical care and assistance in paying for their treatment costs. This assistance is essential for families who have been diagnosed with mesothelioma. The financial aid veterans receive from VA benefits can alleviate the burden of mesothelioma treatment and allow them to concentrate on their own treatment. A mesothelioma patient needs to discuss his options with an attorney as soon as they can in order to begin the process of obtaining compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases like mesothelioma may be qualified for disability compensation. The VA provides a range of programs that aid disabled veterans. Compensation is dependent on the person's VA disability rating and how their health affects their daily lives.
To qualify for VA disability benefits, a veteran must first prove that their condition is linked to their military service. This is done by submitting a written account of asbestos exposure, including the time, place and manner in which the individual was exposed to asbestos during their military career. The VA also needs to review medical records and conduct physical exams that include chest X-rays, laboratory tests, and lung (pulmonary) function testing.
Veterans can benefit from the assistance of a mesothelioma lawyer who is experienced during the VA claim process. They can assist in submitting the proper forms and pinpoint the exact location of their service-related exposure to asbestos. They can also connect the service members with medical professionals that confirm the diagnosis and provide proof in their medical records of asbestos exposure.
Asbestos sufferers can also file a claim with one or more trusts created by companies that manufactured asbestos-containing products. The process for obtaining compensation from these trusts differs from VA disability benefits. However, it's an option for many people who have been diagnosed with mesothelioma or any other asbestos illnesses.
Whatever route they choose whether asbestosis or mesothelioma, a lawyer can help veterans obtain the compensation they deserve. Compensation may be in the form of a lump-sum payment or a monthly benefit. Additionally, they could assist with obtaining additional financial aid from the government in the form of aid and Attendance benefits.
Veterans may appeal an VA mesothelioma ruling that is either denied or reduced. They can apply for an Supplemental Claim, ask for an appeal to a higher-level review, or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. An attorney can provide information on the options and how to appeal to the VA. In some cases there is the possibility of a trial being held that would result in a verdict from jurors and compensation.
Asbestos Trusts
Asbestos victims may receive compensation from trust funds that were set by companies that used asbestos-based products. As asbestos producers became aware of the dangers their products posed to the public and their families, they declared bankruptcy to limit their liability. These debtor companies established asbestos trusts to pay the medical claims of their victims.
If a person seeks mesothelioma or other asbestos-related disease compensation from an bankruptcy trust, they must be able to describe the circumstances surrounding their illness and connect it to the specific asbestos product. A lawyer experienced in asbestos law can help decide which trust to file a claim with. The lawyer will then assist collect and submit the necessary documents to prove that the symptoms of an asbestos victim are related to a particular company, or product containing asbestos.
The asbestos trust will assess the claim and assign a value to the case once asbestos victims have submitted it. The trust can utilize an expedited review procedure, which settles cases through a fixed payout. It also has the option of an individual review, which takes an even more thorough review of the evidence and may award an amount that is higher than what is offered by expedited review.
Many asbestos trusts have payment schedules that span between months and years. During this period, the trusts may look over other cases to determine if they should be deemed to be approved or rejected. This can be frustrating for mesothelioma patients, their families and their lawyers.
In addition, many asbestos companies have an approach called payment percentages, which reduces the value of a claim. This is to ensure that the asbestos trusts do not have to pay out before all victims have been paid.
If asbestos victims don't receive a payout through a bankruptcy trust they might be able to start a lawsuit to sue the asbestos manufacturer who exposed the asbestos-containing product. The litigation process can be costly and time-consuming. The majority of asbestos victims prefer filing a claim through asbestos trusts, especially when they've been diagnosed with mesothelioma or other asbestos-related illnesses. Employing an experienced attorney is the best way to secure the most compensation.
Compensation Damages
Compensation from asbestos settlements or awards could help families and victims with expenses like prescription medications, home care, travel expenses and more. However, determining how much your mesothelioma case may be worth is complicated and highly dependent on individual circumstances.
Mesothelioma attorneys can use their expertise to help you determine the worth of your claim. An attorney who has experience in mesothelioma has successfully argued thousands of asbestos cases and settlements on behalf of people who suffer from mesothelioma or other asbestos-related diseases.
There are two kinds of claims: personal injury claims and the wrongful death. Both seek financial compensation from companies that exposed victims to asbestos. A personal injury lawsuit is brought by a victim in wrongful-death cases, whereas a wrongful-death suit is filed on behalf of a person who died due to an asbestos-related illness like mesothelioma.
While the majority of mesothelioma lawsuits settle but some do go to trial. The decision whether to settle or go to trial depends on a variety of factors such as the amount of evidence the lawyer representing the victim has and the likelihood that the defendant will lose the trial. In the majority of instances, defendants choose to settle rather than risk a large verdict at trial and the possible negative publicity that might follow.
A mesothelioma lawsuit can offer compensation for the financial value of a person's pain and suffering as well as future and past medical expenses and lost income and also for the loss of companionship and other losses to the family. Compensation may include punitive damages, based on the severity of mesothelioma or asbestos-related diseases. Punitive damages are meant to penalize and discourage similar conduct.
Asbestos victims are at increased risk for developing an asbestos-related disease, especially veterans. Veterans account for about 30 percent of mesothelioma cases that are filed every year. The Department of Veterans Affairs offers healthcare and financial aid to eligible veterans who have been diagnosed with asbestos-related illnesses. Contact the Veterans Affairs Assistance Office located in your region or call 1-877-824-774 to make a VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions of dollars in settlements and verdicts, and are recognized as national leaders in mesothelioma lawsuits filed by defendants and insurance companies.