How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require access to compensation. These financial awards assist in paying for care at home, transportation and other expenses.
An experienced lawyer can help you decide on the most suitable type of claim for you. An attorney can look over the work history, health status and asbestos exposure to document your claim.
Military Service
Veterans who suffer from asbestos-related ailments like mesothelioma and lung cancer may be eligible for compensation through the Department of Veterans Affairs. A mesothelioma lawyer experienced in VA claims can help a veteran begin the process of compensation.
All branches of the military utilized asbestos in the 20th century because of its heat resistance and fireproofing qualities. However, Navy veterans who spent time on ships were especially at risk of exposure because asbestos was used frequently in boiler systems and as insulation on naval vessels. Air Force veterans who worked with parts of aircraft engines like rotors, hydraulics and fuel systems were exposed to asbestos because of the material's use in these components. Marine Corps veterans stationed in naval bases or barracks could also have been exposed.
Many veterans who were exposed during their military service did not know that this toxic mineral could cause mesothelioma as well as other serious health issues. This is why these veterans often did not make VA claims or seek compensation following an asbestos-related diagnosis.
A mesothelioma lawyer with experience can assist veterans to obtain VA benefits, including monthly payments. A lawyer can look over the veteran's medical records 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. An attorney can assist a veteran in filing the proper paperwork to prove this connection.
Veterans with mesothelioma that is related to service are eligible for a monthly payment depending on their disability ratings. Veterans with non-malignant lung conditions such as pleural plaques or asbestosis may be eligible for smaller payments. In certain cases, a vet's family members might be eligible to receive indemnity and dependency payments.
In addition to the compensation, veterans with mesothelioma can receive free VA medical care and assistance in to pay for their treatment expenses. This support is vital for a family who has been diagnosed with mesothelioma. Financial aid that veterans can receive from VA benefits can help alleviate the burden of mesothelioma treatment and let them focus on their own 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 disease such as mesothelioma may qualify for disability compensation. The VA provides a range of programs to assist disabled veterans. Compensation is based upon the person's VA Disability Rating and how it impacts their everyday life.
A veteran must demonstrate their illness to be linked to their military service before they are eligible to be eligible for VA disability benefits. This is done by submitting a written account of asbestos exposure that details when, where and how the individual was exposed during their military career. The VA must also examine 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 in submitting the correct forms and identify the areas of their service-related exposure to asbestos. They can also connect service members to medical professionals that can confirm the diagnosis and provide evidence in their medical records of asbestos exposure.
Asbestos sufferers can also claim compensation through one or more trusts set up by the companies that made asbestos-containing products. The process of getting the compensation these trusts provide differs from the VA disability benefits. It is a viable alternative for a lot of people who have been diagnosed with mesothelioma and other asbestos-related illnesses.
No matter which path they choose, a mesothelioma or asbestosis lawyer can help veterans obtain the compensation they deserve. Compensation can be paid as a lump sum payment or a monthly benefit. They can also help you obtain additional financial support through the government, like aid for homebound and Aid and Attendance benefits.
Veterans may appeal a VA mesothelioma ruling that is either denied or reduced. They can apply for an Supplemental Claim, ask for an additional level of review or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. An attorney can help explain the options and ways appeal to the VA. In some instances, this can even include the possibility of a trial which could lead to a jury verdict and award of compensation.
Asbestos Trusts
Trust funds created by asbestos-using businesses can be used to pay asbestos victims. After asbestos manufacturers were aware of the dangers associated with their products and the potential to harm people, a lot of them filed for bankruptcy to limit their liabilities. These companies, which were debtors, created asbestos trusts to pay the medical claims of their victims.
When an individual files for mesothelioma or another asbestos-related disease from an bankruptcy trust, they have to provide the circumstances of their illness and connect it to a specific asbestos product. A lawyer who is familiar with asbestos law can assist in determining which trust to make your claim. The lawyer will assist in assembling and filing the necessary documents to prove the asbestos victim's symptoms as well as their link to a specific company or asbestos-containing product.
If asbestos victims submit an claim an asbestos trust will review it and assign a value to the case. The trust may use an expedited review procedure, which settles cases through an agreed-upon payout. It can also use an individual review, which is an even more thorough examination of the evidence, and may result in an amount that is higher than what is offered through expedited review.
Many asbestos trusts can have payment schedules that span from months to years. During this period trusts can 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 families and their lawyers.
Additionally, many asbestos companies have the option of paying percentages, which reduces the value of a claim. This is to ensure that asbestos trusts don't run out of funds before all victims have been compensated.
If asbestos victims don't receive a payout through a bankruptcy trust, they may be able bring a lawsuit against the asbestos manufacturer that exposed them. However, the litigation process can be lengthy and expensive. Most asbestos victims choose to file a claim with the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or any other asbestos-related illnesses. A lawyer with experience is the best method to receive the maximum amount of compensation.
Compensation Damages
Compensation from asbestos settlements and awards can help victims, their families, and others with expenses like prescription drugs, home care as well as travel expenses and more. The process of calculating the value of your mesothelioma claim is complicated and highly dependent on your personal circumstances.
Mesothelioma lawyers can leverage their experience to help you determine what your claim is worth. A mesothelioma lawyer who is qualified will have a history of submitting thousands of winning asbestos settlements and lawsuits for those affected by mesothelioma or other asbestos-related diseases.
There are two kinds: personal injury claims and wrongful deaths. Both seek financial compensation from companies who exposed victims to asbestos in a negligent manner. A personal injury lawsuit is filed by a person who has been injured and a wrongful death lawsuit is brought on behalf of a victim who has died from an asbestos-related disease such as mesothelioma.
Certain mesothelioma cases go to trial, despite the fact that most settle. The decision of whether to settle or to go to trial depends on a number of factors such as the amount of evidence the victim's lawyer has as well as the likelihood that the defendant will lose the trial. In most instances, defendants choose to settle rather than risk an enormous verdict at trial and the negative publicity that might follow.
Newport News asbestos lawyers can compensate a victim for pain and suffering as well as medical expenses, loss of income and companionship, as well as other losses to the family. Depending on the severity of mesothelioma, or another asbestos-related illness, compensation may be accompanied by punitive damages to punish the defendant and deter similar conduct in the future.
Veterans are at greater risk of developing an asbestos-related disease. This is why veterans comprise around 30% of all 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 1-877-824-6774 for assistance to make an VA Disability Claim. The law firm LK has represented thousands of asbestos victims and their family members. Our lawyers have recovered hundreds of millions in settlements and verdicts and are recognized by defendants and insurers as leaders in national mesothelioma litigation.