How to Calculate Asbestos Compensation
Many families who are affected by asbestos-related diseases require access to compensation. These financial awards can be used to pay for home care, transportation and other costs.
An experienced attorney will help you determine the best kind of claim for you. An attorney can look over your work history, health and asbestos exposure to prove your claims.
Military Service
Patients suffering from asbestos-related illnesses like mesothelioma or lung cancer may be eligible for compensation from the Department of Veterans Affairs. An attorney certified by VA for mesothelioma can assist veterans in beginning the process of obtaining compensation.
All branches of the military utilized it during the 20th century due to its fireproofing and heat resistance characteristics. Navy veterans who worked on ships were more at risk of asbestos exposure, since asbestos was utilized in boiler systems and insulation. Air Force veterans who worked on the components of engines for aircraft like rotors and hydraulics, fuel systems and hydraulic systems were exposed to asbestos since the material was utilized in these components. Marine Corps veterans who were stationed at naval bases or barracks could have been exposed to asbestos as well.
Many veterans exposed to asbestos during their service in the military did not realize that this toxic mineral can cause mesothelioma, among other health complications. As a result, many veterans did not submit VA claims or seek compensation following an asbestos-related diagnosis.
A mesothelioma lawyer with experience can help veterans obtain VA benefits, which include monthly payments. A lawyer can review the medical records of the veteran to determine their eligibility for compensation.
The compensation amount awarded depends on the severity of disability as well as evidence of exposure to asbestos during military service. An attorney can assist a veteran in filing the appropriate paperwork to prove this connection.
Veterans suffering from mesothelioma due to service are eligible for a monthly payment depending on their disability ratings. Veterans who suffer from non-malignant lung diseases such as pleural plaque or asbestosis are eligible for smaller payments. In some instances family members of a veteran could be eligible for dependency and indemnity compensation.
In addition to the compensation in addition to compensation, mesothelioma patients are eligible to receive free VA healthcare and assistance paying for their treatment costs. This assistance is essential for families that have been diagnosed with mesothelioma. The financial aid veterans receive through VA benefits can alleviate the burden of mesothelioma treatments and let them focus on their own treatment. A person suffering from mesothelioma should discuss these options with a legal representative as soon as possible to begin the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related illnesses such as mesothelioma could be qualified for disability benefits. The VA has a number of programs that are designed to aid disabled veterans. Compensation is based upon the person's VA Disability Rating and how it 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 includes a written history of asbestos exposure, including when, where and how the veteran was exposed during their military career. The VA must also review medical records, and conduct an examination of the body that includes chest X-rays, lab testing and lung function tests.
Veterans are able to take advantage of the assistance of a mesothelioma lawyer who is experienced during the VA claim process. They can help veterans submit the correct forms, and pinpoint the places where they were exposed to asbestos during their time of service. They can also connect them to medical professionals who can validate the diagnosis and provide proof of asbestos exposure in their medical records.
Asbestos victims can also file a claim with one or more trusts created by companies that make asbestos-containing products. The process of getting compensation from these trusts is different from the VA disability benefits. It's a viable option for many who are who have mesothelioma or other asbestos-related illnesses.
Regardless of which route they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans obtain the amount of compensation they are entitled to. Compensation can be paid in the form of a lump-sum payment or a monthly benefit. They can also assist you to obtain additional financial support through the government, for example aid for homebound and Aid and Attendance benefits.
Veterans can appeal the decision of a VA mesothelioma determination that is either denied or reduced. They can appeal the decision through requesting a Supplemental Claims, asking for a higher level review or appealing to a Board of Veterans Appeals. An attorney can explain the options and how to appeal to the VA. In certain cases there is the possibility of a trial being conducted that results in a decision by the jury and compensation.
Asbestos Trusts
Trust funds set up by asbestos-using businesses can be used to pay asbestos victims. As asbestos manufacturers became aware of the dangers their products pose to people and their families, they declared bankruptcy to reduce their liability. These companies, which were debtors, established asbestos trusts in order to pay medical claims of their victims.
If a person is seeking compensation from a bankruptcy trustee they must explain the circumstances of their condition and connect it to the specific product. An asbestos lawyer who is knowledgeable of law can assist in determining which trust to file a claim against. Then, the lawyer can assist in gathering and filing the required documents to prove the asbestos-related symptoms of the victim and their link to a specific company or asbestos-containing product.
The asbestos trust will assess the claim and assign a case value after asbestos victims have submitted the claim. The trust may use an expedited review process, which settles claims with 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 through expedited review.
Many asbestos trusts have payment schedules that can take from months to to complete. During this time, the trusts will look over other cases and decide whether to approve or reject them. This can be a frustrating experience for mesothelioma patients and their families as well as their lawyers.
Many asbestos companies also use a payment percentage that 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.
If asbestos victims do not receive a payout through a bankruptcy trust they might be able to file a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. The process of suing can be expensive and lengthy. Many asbestos victims opt to file a claim through the asbestos trusts instead, especially when they are diagnosed with mesothelioma or other asbestos-related illnesses. The best way to ensure the most lucrative compensation possible is to consult a knowledgeable attorney.
Compensation Damages
Compensation from asbestos settlements and awards can help victims, their families, and others with expenses like prescription drugs, home care travel expenses, and much more. However, calculating how much your mesothelioma claim could be worth is difficult and highly dependent on individual circumstances.
Mesothelioma lawyers can leverage their experience to help determine how much your claim is worth. A mesothelioma lawyer with experience has a proven track record of submitting thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma or any other asbestos-related diseases.
There are Allen asbestos attorney of mesothelioma cases that are wrongful death. Both seek financial awards from companies who wrongly exposed victims to asbestos. The difference between the two is that a personal injury suit is filed by an injured individual and a wrongful-death lawsuit is filed on behalf of a person who passed away due to an asbestos-related illness, such as mesothelioma.
Some mesothelioma cases go through trial, despite the fact that the majority settle. The decision of whether to settle or go to trial is contingent on a variety of variables which include the amount of evidence that the lawyer representing the victim has as well as the likelihood that the defendant will lose the trial. In the majority of instances, defendants opt to settle rather than risk an enormous verdict at trial and the possible negative publicity that might be the result.
A mesothelioma case can compensate a 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 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 developing an asbestos-related disease. Veterans account for around 30 percent of mesothelioma cases that are that are filed each year. The Department of Veterans Affairs aids eligible veterans diagnosed with an asbestos-related disease and offers healthcare and financial compensation based on the disease severity. To make an VA disability claim make contact with the Veterans Affairs Assistance Office in your area or call 1-877-824-6774. The law firm LK has represented thousands of asbestos victims and their family members. Our lawyers have secured hundreds millions of dollars in settlements and verdicts, and are regarded as the top lawyers in the country in mesothelioma lawsuits by insurance companies and defendants.