How to Calculate Asbestos Compensation
Many families impacted by asbestos-related diseases need access to compensation. These financial awards can be used to pay for at-home care and transportation, as well as other costs.
An experienced lawyer can help you understand the various options available and decide what type of claim you should make. An attorney can look over your work history, health and asbestos exposure to document your claims.
Military Service
Patients suffering from asbestos-related diseases like mesothelioma and cancer could be eligible to receive compensation from the Department of Veterans Affairs. A VA-certified mesothelioma attorney can assist veterans to begin the process of obtaining compensation.
All branches of the military used it during the 20th century due to its fireproofing and heat resistance properties. Navy veterans who worked on ships were at greater risk of asbestos exposure, because asbestos was used in boiler systems and insulation. Air Force veterans who worked on aircraft engine parts like rotors and hydraulics and fuel systems were exposed to asbestos because of the use of asbestos in these parts. Marine Corps veterans stationed in barracks or naval bases could have also been exposed.
Regardless of branch of service, many veterans who were exposed to asbestos in the military did not realize that this harmful mineral can cause mesothelioma and other serious health complications. They did not make VA claims after being diagnosed with asbestos-related ailments.
A qualified mesothelioma lawyer can assist veterans to obtain VA benefits, including monthly payments. A lawyer can look over the veteran's medical records to determine their eligibility for compensation.
Compensation amounts are determined based on the veteran's level and proof of asbestos exposure during military service. A lawyer can help veterans in completing the appropriate paperwork to prove the connection.
Veterans with service-connected mesothelioma receive a monthly payment depending on their disability rating. Veterans with non-malignant lung diseases like asbestosis or pleural plaque may be eligible for smaller payouts. In certain cases, a vet's family members may be eligible to receive indemnity and dependency payments.
In addition to the compensation, veterans with mesothelioma are eligible for 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 ease the burden of mesothelioma treatments and let them focus on their own treatment. A veteran with mesothelioma should discuss these options with a legal representative 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 compensation. The VA offers a variety of programs designed to assist disabled veterans. Compensation is determined by the person's VA Disability Rating and how it impacts their daily lives.
To be eligible for VA disability benefits, a veteran must first prove that their illness is due to their military service. This is done by submitting a written account of asbestos exposure, including when, where and how the individual was exposed to asbestos to asbestos during their time in the military. The VA must also review medical records, and conduct a physical examination that includes chest X-rays, lab testing and lung function tests.
A mesothelioma lawyer who is experienced can assist veterans in the VA claims process. Sandy asbestos lawyers can assist veterans to fill out the correct forms, and determine the areas where they were exposed to asbestos during their service. They can also connect service members with medical professionals who can confirm the diagnosis and provide proof in their medical records of asbestos exposure.
Asbestos victims may also make a claim through one or more trusts set up by companies that produce asbestos-containing products. The process of getting the compensation these trusts provide differs from VA disability benefits. However, it is an option for a lot of people who were diagnosed with mesothelioma or any other asbestos-related diseases.
A mesothelioma lawyer or asbestosis attorney can help veterans get the justice they deserve, no matter which route they choose. Compensation can be received as a lump sum payment or a monthly benefit. They can also help you receive additional financial support from the government, such as aid for homebound and Aid and Attendance benefits.
Veterans may appeal an VA mesothelioma determination that is reduced or denied. They can request a Supplemental Claim, request an appeal to a higher-level review, or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. A lawyer can help explain these options and help appeal to the VA. In some cases it is possible to have a trial held that would result in a verdict from the jury and compensation.
Asbestos Trusts
Trust funds created by asbestos-using companies can compensate asbestos victims. As asbestos manufacturers realized the dangers of their products and the potential to harm people, a lot of them filed for bankruptcy to limit their liability. As a result, the companies who were in debt created asbestos trusts to cover medical claims from their victims.
When a person files for compensation from a bankruptcy trustee they must describe the causes of their disease and link it to the specific product. A lawyer experienced in asbestos law can assist in determining which trust to file a claim against. The lawyer can help gather and submit the necessary evidence to show that the asbestos victim's symptoms are linked to a specific company or product that contains asbestos.
When asbestos victims file a claim and the asbestos trust look into the claim and assign a value to the case. The trust can utilize an expedited review process which settles cases with an agreed-upon payout. It may also utilize an individual review, which takes an even more thorough look at the evidence and may award more money than is awarded through expedited review.
Many asbestos trusts have payment plans which can take anywhere from months to years to complete. During this period, trusts will be reviewing other cases and could either accept or reject them. This can be very frustrating for mesothelioma sufferers, their families and lawyers.
In addition to this, many asbestos companies use an approach called payment percentages, which reduces the value of the claim. This is done so the asbestos trusts don't run out of money before all victims are compensated.
If asbestos victims don't receive a payment through bankruptcy trusts, they may be able start a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. The process of suing can be costly and time-consuming. The majority of asbestos victims prefer to file claims through asbestos trusts, especially if they have been diagnosed with mesothelioma and other asbestos-related diseases. A lawyer with experience is the best method to receive the most compensation.
Compensation Damages
Compensation from asbestos settlements and awards could help victims their families, as well as others with costs such as prescription drugs, home care, travel expenses, and more. However, calculating how much your mesothelioma claim could be worth is a complicated task and is highly dependent on personal circumstances.
Mesothelioma lawyers can draw on their experience to help determine what your claim is worth. A mesothelioma lawyer who is qualified has a proven track record of submitting thousands of successful asbestos settlements and lawsuits for those affected by mesothelioma and other asbestos-related illnesses.
There are two types of claims: personal injury claims and the wrongful death. Both seek financial compensation from companies who exposed victims to asbestos in a negligent manner. A personal injury lawsuit is filed by a victim and a wrongful death lawsuit is filed on behalf of a victim who has passed away from an asbestos-related disease such as mesothelioma.
While most mesothelioma lawsuits settle but some do go to trial. The decision to either settle or go to trial is based on several factors, including the amount of evidence the lawyer for the victim has and how likely it is that the defendant will lose in court. In the majority of instances, defendants choose to settle instead of losing a substantial judgment at trial and the negative publicity that might follow.
A mesothelioma settlement can provide compensation for the monetary value of the suffering and pain of a person as well as future and past medical expenses and lost income, as well as for loss of companionship and other family losses. Based on the severity of mesothelioma or an asbestos-related disease, compensation can also include punitive damages meant to punish the defendant and prevent similar behavior in the future.
Asbestos sufferers are at greater chance of developing an asbestos-related illness, especially veterans. In turn, veterans comprise around 30% of mesothelioma lawsuits that are filed each year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related diseases. Contact the Veterans Affairs Assistance Office located in your area, or call 1-877-824-6774 to file an VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions of dollars in settlements and verdicts, and are recognized as national leaders in mesothelioma lawsuits filed by defendants and insurance companies.