How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards assist in paying for care at home, transportation and other expenses.
An experienced lawyer can assist you in determining the best kind of claim for you. A lawyer can examine your work history as well as the health status and asbestos exposure to record your claim.
Military Service
Patients suffering from asbestos-related illnesses such as mesothelioma and lung cancer could be eligible for compensation from the Department of Veterans Affairs. A VA-certified mesothelioma attorney can assist veterans in beginning the compensation process.
All military branches used it during the 20th century because of its heat resistance and fireproofing qualities. Navy veterans who worked on ships were at a higher risk of exposure to asbestos as asbestos was used in boiler systems and insulation. Air Force veterans who worked with aircraft engine parts such as rotors, hydraulics and fuel systems were exposed to asbestos because of the use of asbestos in these components. Marine Corps veterans who were stationed at naval bases or in barracks may be exposed too.
Many veterans exposed to asbestos during their service in the military did not realize that this toxic mineral can cause mesothelioma, among other health issues. As a result, the veterans did not file VA claims or seek compensation after an asbestos-related diagnosis.
A mesothelioma lawyer with experience can assist veterans in obtaining VA benefits, including monthly compensation. A lawyer can look over 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 their military service. A lawyer can help a veteran in filing the proper paperwork to prove this connection.
Veterans with mesothelioma that is connected to service receive a monthly payout depending on their disability rating. Veterans with non-malignant lung diseases such as asbestosis or pleural plaque are qualified for a smaller amount of payouts. In certain cases, family members of a veteran could be eligible for compensation.
In addition to compensation in addition to compensation, mesothelioma patients can receive free VA healthcare and assistance paying for their treatment costs. This support is vital for a family who has been diagnosed with mesothelioma. The financial aid a veteran can get through VA benefits can alleviate the burden of mesothelioma therapies and allow them to concentrate on their treatment. A person suffering from mesothelioma should to discuss his options with an attorney immediately to begin the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma could be qualified for disability compensation. The VA offers a variety of programs to help disabled veterans. Compensation is based upon a person's VA Disability Rating and how it affects their daily lives.
To be eligible for VA disability benefits Veterans must first prove that their condition is due to their military service. This involves providing a written exposure history detailing the time, place and manner in which they were exposed to asbestos during their time in the military. The VA must also review medical documentation and perform physical exams that include chest X-rays, lab tests and lung (pulmonary) function tests.
Veterans are able to benefit from the help of an experienced mesothelioma attorney during the VA claim process. They can assist veterans in submitting the proper forms and identify the locations where they were exposed to asbestos during their service. They can also connect them with medical professionals who can confirm the diagnosis and provide evidence of exposure to asbestos in their medical records.
Asbestos sufferers can also file a claim through one or more of the trusts created by companies that manufactured asbestos-containing products. The process of obtaining compensation from these trusts is different from filing for VA disability benefits. It is a viable alternative for many people suffering from mesothelioma and asbestos-related illnesses.
No matter which path they decide to take regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans get the amount of compensation they are entitled to. Compensation could come in the form of a lump sum payment or a monthly benefit. In addition, they can assist in 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 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. An attorney can help explain the options available and how to appeal to the VA. In certain instances there is the possibility of a trial being held that would result in a decision by a jury and compensation.
Asbestos Trusts
Trust funds created by asbestos-using companies may be used to compensate asbestos victims. After asbestos manufacturers became aware of the dangers of their products and how they could harm people, a lot of them declared bankruptcy to reduce their liabilities. These debtor companies established asbestos trusts to cover medical expenses of their victims.
If a person files for mesothelioma or another asbestos-related disease from a bankruptcy trust, they have to be able to describe the circumstances surrounding their illness and tie it to the specific asbestos product. A lawyer who is knowledgeable with asbestos law can assist in determining which bankruptcy trust to submit your claim to. The lawyer can assist in assembling and filing the necessary documentation to establish the asbestos victim's symptoms and their connection to a specific company or asbestos-containing product.
The asbestos trust will assess the claim and assign a case value after asbestos victims have filed it. The trust can use an expedited review procedure, which settles cases through an agreed-upon payout. It also can use an individual review, which analyzes the evidence more thoroughly and could award a higher payout than expedited review.
Many asbestos trusts have payment plans which can take anywhere from months to to complete. During this period, the trusts may look over other cases to determine whether they should be accepted or rejected. This can be very frustrating for mesothelioma patients, their families and their attorneys.
In addition there are asbestos companies that have the option of paying percentages, which reduces the value of an claim. This is to ensure that asbestos trusts don't run out of funds before all victims have been paid.
Asbestos victims who do not receive a payment from a bankruptcy trust might be able to file a lawsuit against the asbestos manufacturer accountable for their exposure. However, the process can be long and expensive. Most asbestos victims choose to file a claim with the asbestos trusts, particularly when they are diagnosed with mesothelioma or any other asbestos-related illnesses. The best way to get the highest possible compensation is to work with an experienced attorney.
Compensation Damages
Compensation from asbestos settlements or awards could help victims and their families with expenses like prescription medications, in-home medical treatment, travel expenses and more. However, determining the amount your mesothelioma lawsuit could be worth is difficult and is highly dependent on personal circumstances.
Mesothelioma lawyers can draw on their experience to help you determine how much your claim is worth. A qualified mesothelioma lawyer will have a history of submitting thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma or any other asbestos-related diseases.
There are two kinds: personal injury claims and the wrongful death. Both seek financial compensation from the companies who exposed asbestos-related victims in a wrong way. A personal injury lawsuit is brought by a person who has been injured in wrongful-death cases, whereas a wrongful-death suit is brought on behalf of a person who has died from an asbestos related illness such as mesothelioma.
While most mesothelioma lawsuits settle, some do go to trial. The decision to either settle or go to trial is based on several asbestos compensation claims aspects, including the amount of evidence the attorney for the victim has and the probability that the defendant will lose in court. In most instances, defendants opt to settle instead of taking on the possibility of a huge verdict in court and the possible negative publicity that may result.
A mesothelioma lawsuit 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 mesothelioma illness or other asbestos-related diseases. Punitive damages are intended to deter and punish future similar behavior.
Asbestos-related victims are at a higher risk for developing an asbestos-related illness especially veterans. Veterans account for about 30 percent of mesothelioma-related cases that are filed every year. The Department of Veterans Affairs offers healthcare and financial compensation to veterans who are diagnosed with asbestos-related illnesses. To file an VA disability claim, contact the Veterans Affairs Assistance Office in your area or call 1-877-824-774. 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 recognized by defendants and insurers as national leaders in mesothelioma litigation.