How to Calculate Asbestos Compensation
Many families afflicted by asbestos-related diseases require compensation. These financial awards assist in paying for care at home, transportation and other expenses.
A knowledgeable attorney can assist you to understand all options available to you and help you decide which type of claim to submit. An attorney can look over your history of work, health and asbestos exposure to document your claims.
Military Service
Veterans who suffer from asbestos-related ailments like mesothelioma or cancer may be eligible for compensation through the Department of Veterans Affairs. Ventura asbestos lawsuit who is experienced in VA claims can help veterans start the process of compensation.
All branches of the military used asbestos during the 20th century due to its heat resistance, fireproofing and toughness. However, Navy veterans who spent time on ships were especially at risk of exposure because asbestos was regularly utilized in boiler systems and insulation on naval vessels. Air Force veterans who worked with aircraft engine parts like rotors, fuel systems and hydraulics also 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 barracks could have been exposed as well.
No matter what the service branch, many veterans who were exposed to asbestos in the military were unaware that this harmful mineral could cause mesothelioma or other serious health complications. These veterans did not make VA claims after being diagnosed with asbestos-related diseases.
A qualified mesothelioma lawyer can assist veterans to obtain VA benefits, including monthly payments. A lawyer can examine the medical records of the veteran to determine his or her eligibility for compensation.
The amount of compensation awarded will depend on a veteran's level of disability and proof of exposure to asbestos during his military service. A lawyer can help an individual complete the necessary paperwork to prove this connection.
Veterans with service-connected mesothelioma receive a monthly check based on their disability rating. Veterans suffering from non-malignant lung diseases like asbestosis or pleural plaque are qualified for a smaller amount of payouts. In certain cases, family members of a veteran may be eligible to receive compensation.
Patients diagnosed with mesothelioma might be eligible for free VA healthcare as well as financial aid to cover their treatment. This support is vital for families who have been diagnosed with mesothelioma. The financial assistance veterans get from 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 lawyer immediately to begin the process of obtaining compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma could be qualified for disability benefits. The VA provides a range of programs to assist disabled veterans. Compensation is based upon the individual's VA Disability Rating and how it impacts their daily life.
To receive VA disability benefits, a veteran must first prove that their illness is linked to their military service. This requires a written exposure history detailing where, when and how they were exposed to asbestos during their time in the military. The VA also needs to review medical documentation and perform a physical exam that includes chest X-rays and lab tests, and lung (pulmonary) function tests.
A knowledgeable mesothelioma lawyer will assist veterans through the VA claims process. They can help veterans submit the proper forms and identify the locations where they were exposed to asbestos during their service. They can also help connect service members with medical professionals that can 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 established by companies that produce asbestos-containing products. Obtaining compensation from these trusts is different than applying for VA disability benefits. It is a viable alternative for many people suffering from mesothelioma and asbestos-related diseases.
A mesothelioma lawyer or asbestosis attorney can help veterans receive the justice they deserve, regardless of the route they choose. Compensation can be paid as a lump sum payment or a monthly benefit. In addition, they may assist with obtaining additional financial aid from the government through a housebound allowance or Aid and Attendance benefits.
If a veterans VA mesothelioma rating is reduced or denied, they can appeal the decision. They can request a Supplemental Claim, ask for an additional level of review or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. A lawyer can help explain the options available and how to file an appeal with the VA. In some cases this could even involve a trial that could lead to a jury verdict and the award of compensation.
Asbestos Trusts
Trust funds established by asbestos-using businesses can be used to pay asbestos victims. When asbestos producers were aware of the dangers of their products and the potential to harm people, many declared bankruptcy to reduce their liabilities. These debtor companies set up asbestos trusts in order to pay medical claims of their victims.
If a person is seeking mesothelioma, or any other asbestos-related disease, compensation from a bankruptcy trust, they must disclose the circumstances of their condition and link it to a specific asbestos product. A lawyer experienced in asbestos law can help decide which trust to file a claim against. The lawyer will help gather and file necessary documentation to establish the asbestos-related symptoms of the victim and their link to a specific company or asbestos-containing product.
The asbestos trust will evaluate the claim and assign a value to the case after asbestos victims have submitted the claim. The trust can utilize an expedited review procedure, which settles cases through a fixed amount. It also has a procedure known as individual review that examines the evidence more thoroughly and may award a larger amount than the expedited review.
Many asbestos trusts have payment schedules that range from months to years. During this period the trusts will review other cases to determine if they should be accepted or rejected. This can be a source of frustration for mesothelioma sufferers, their family members and lawyers.
Many asbestos companies also employ a payment percentage that reduces the value of a claim. This is done so the asbestos trusts do not be unable to pay their bills before all victims are compensated.
Asbestos victims who do not receive a compensation from a bankruptcy trust might be able to file a lawsuit against the asbestos manufacturer responsible for their exposure. The litigation process can be costly and time-consuming. Most asbestos victims prefer to file claims through asbestos trusts, particularly those who have been diagnosed with mesothelioma as well as other asbestos-related diseases. The best way to get the most compensation you can get is to work with a knowledgeable attorney.
Compensation Damages
Compensation from asbestos settlements or awards can help victims and their families with expenses like prescription medications, in-home medical care, travel expenses and much more. However, determining the amount your mesothelioma lawsuit could be worth is a complicated task and is highly dependent on personal circumstances.
Mesothelioma lawyers can draw on their experience to help you determine what your claim is worth. A mesothelioma lawyer with experience will have a history of submitting thousands of winning asbestos lawsuits and settlements for people affected by mesothelioma or other asbestos-related diseases.
There are two types of claims: personal injury claims and the wrongful death. Both seek financial compensation from the companies who exposed asbestos-related victims in a wrong way. The difference between them is that a personal injury suit is filed by an individual who has suffered injury and a wrongful-death lawsuit is filed on behalf of an individual who passed away due to an asbestos-related disease, such as mesothelioma.
While the majority of mesothelioma lawsuits settle but some do go to trial. The decision to settle or go to trial is based on several factors, including the amount of evidence the victim's attorney has and the probability that the defendant will lose at trial. In the majority of cases, defendant companies choose to settle rather than risk losing a substantial judgment in trial and the negative publicity that might be the result.
A mesothelioma suit can compensate a victim for their pain and suffering, medical expenses, lost income and companionship, as as other losses to the family. Compensation may include punitive damages, based on the severity of the mesothelioma illness or other asbestos-related diseases. Punitive damages are designed to deter and punish future similar conduct.
Veterans are at a higher risk of contracting an asbestos-related illness. In turn, veterans make up about 30% of mesothelioma claims filed every year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related disease. They provide financial and medical benefits based on the disease severity. Contact the Veterans Affairs Assistance Office located in your area, or call 1-877-824-6774 to make an VA Disability Claim. The law firm LK has represented thousands asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and verdicts, and are regarded by defendants and insurers as national leaders in mesothelioma litigation.