How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require compensation. These financial awards can be used to pay for home care, transportation, and other expenses.
An experienced lawyer can help you decide on the most suitable kind of claim for you. A lawyer can examine your work history, health status and asbestos exposure to document your claim.
Military Service
Veterans diagnosed with asbestos-related illnesses such as mesothelioma or lung cancer may qualify for compensation through the Department of Veterans Affairs. An attorney certified by VA for mesothelioma can assist veterans in beginning the compensation process.
All branches of the military utilized asbestos during the 20th century due to its insulation, heat resistance and toughness. 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 on components of aircraft engines like rotors and hydraulics, fuel systems, and hydraulic systems were exposed to asbestos because the material was utilized in these components. Marine Corps veterans who were stationed at naval bases or barracks could be exposed too.
Many veterans who were exposed to asbestos during their military service did not know that this contaminant mineral could cause mesothelioma and other serious health issues. They did not make VA claims after being diagnosed with asbestos-related diseases.
A mesothelioma attorney can help veterans receive 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 veteran's level and proof of asbestos exposure during their military service. An attorney can assist an individual in completing the appropriate paperwork to prove the connection.
Veterans with service-connected mesothelioma receive a monthly check based on their disability rating. Veterans with non-malignant lung conditions like pleural plaque or asbestosis can receive smaller payments. In certain cases the family members of a vet might be eligible to receive indemnity and dependency payments.
In addition to compensation for mesothelioma patients, veterans can receive free VA healthcare and assistance paying for their treatment costs. This is a crucial benefit for families dealing with mesothelioma as a diagnosis. Financial aid that veterans can receive through VA benefits can alleviate the burden of mesothelioma treatments and allow them to focus on their own treatment. A veteran with mesothelioma needs to discuss his options with an attorney as soon as they can to begin the process of compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related ailments such as mesothelioma might be eligible for disability compensation. The VA provides a range of programs to help disabled veterans. Compensation is based upon the person's VA Disability Rating and how it affects their daily lives.
A veteran must prove that their illness is linked to their military service prior to being able to be eligible for VA disability benefits. This requires a written record of asbestos exposure that details when, where and how the individual was exposed to asbestos to asbestos during their time in the military. The VA must also examine medical records and conduct physical exams that include chest X-rays and lab tests and lung (pulmonary) function tests.
Veterans can benefit from the assistance of an experienced mesothelioma attorney in the VA claim process. They can assist veterans to fill out the proper forms and determine the areas where they were exposed to asbestos during their time of service. They can also connect the service members with medical professionals who can confirm the diagnosis and provide proof in their medical records of asbestos exposure.
Asbestos victims may also file a claim through one or more of the trusts set up by the companies that made asbestos-containing products. The process of obtaining compensation from these trusts is different than filing for VA disability benefits. However, it's a viable option for many people who have been diagnosed with mesothelioma or other asbestos-related diseases.
A mesothelioma lawyer or an asbestosis attorney can help veterans receive the compensation they need, regardless of the route they choose. Compensation may be in the form of a lump-sum payment or a monthly benefit. In addition, they may assist in obtaining additional financial aid from the government in the form of housebound allowance or Aid and Attendance benefits.
If a veterans VA mesothelioma rating is reduced or denied, they are able to appeal the decision. They can apply for 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 some instances, this can even include an appeal 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. After asbestos manufacturers were aware of the dangers associated with their products and the potential to cause harm to people, many filed for bankruptcy to limit their liability. As a result, these companies that were in debt set up asbestos trusts to cover medical claims from their victims.
When an individual files for mesothelioma or another asbestos-related disease from a bankruptcy trust, they must provide the circumstances of their condition and link it to an asbestos-related product. A lawyer experienced in asbestos law can assist in determining which trust to file a claim against. The lawyer will then assist gather and submit the necessary documents to prove that the asbestos victim's symptoms are related to a particular company, or product containing asbestos.
If asbestos victims submit an application an asbestos trust will review it and determine the value of the case. The trust can utilize an expedited review procedure, which settles cases with a fixed amount. It may also utilize an individual review, which requires an even more thorough look at the evidence and could award a higher payout than offered through expedited review.
Many asbestos trusts can have payment schedules that span from months to years. During this period the trusts will examine other cases to determine if they should be approved or rejected. This can be a source of frustration for mesothelioma sufferers, their families and their lawyers.
Many asbestos companies also employ an amount of payment that decreases the value of a claim. This is to ensure that asbestos trusts aren't depleted of funds before all victims have been compensated.
Asbestos sufferers who do not receive a payment from a bankruptcy trust may be in a position to file a lawsuit against the asbestos producer responsible for their exposure. However, the process can be long and expensive. Many asbestos victims prefer filing claims through asbestos trusts, especially if they have been diagnosed with mesothelioma as well as other asbestos-related illnesses. The best way to ensure the highest possible compensation is to consult an experienced attorney.
Compensation Damages
Compensation from asbestos settlements and awards could help victims, their families, and others with costs such as prescription drugs, home care as well as travel expenses and much more. Calculating the value of your mesothelioma lawsuit is complicated and highly dependent on your specific circumstances.
Mesothelioma lawyers can use their experience to help you determine what your potential claim is worth. A mesothelioma lawyer who is qualified has a proven track record of filing thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma and other asbestos-related illnesses.
There are two types of claims: personal injury claims and wrongful deaths. Both seek financial awards from companies that exposed victims to asbestos. The difference between them is that a personal injury lawsuit is filed by an individual who has suffered injury and a wrongful death lawsuit is filed on behalf of an individual who died from an asbestos-related disease, such as mesothelioma.
While the majority of mesothelioma lawsuits settle however, some go to trial. The decision to settle or go to trial is based upon a number of factors, including how much evidence the lawyer for the victim has and the probability that the defendant will lose at trial. In the majority of instances, defendants choose to settle instead of losing a large judgment in trial and the negative publicity that could be the result.
A mesothelioma suit will compensate the victim for suffering and pain medical expenses, lost income and companionship, as well as other losses for the family. Compensation can include punitive damages, based on the severity of mesothelioma disease or other asbestos-related diseases. Punitive damages are meant to deter and punish future similar conduct.
Veterans are at greater chance of developing an asbestos-related ailment. In turn, veterans make up about 30% of all mesothelioma lawsuits filed every year. Portland asbestos lawsuit of Veterans Affairs offers financial and healthcare compensation to veterans who are diagnosed with asbestos-related ailments. To file a VA disability claim make contact with 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 secured hundreds millions of dollars in settlements and verdicts and are recognized as national leaders in mesothelioma lawsuits by insurers and defendants.