How to Calculate Asbestos Compensation
Many families afflicted by asbestos-related diseases require compensation. These financial awards assist in paying for care at home, transportation and other expenses.
A knowledgeable attorney can help you determine the best kind of claim for you. An attorney can look over your history of work, health and asbestos exposure to prove your claims.
Military Service
Patients suffering from asbestos-related illnesses such as mesothelioma and lung cancer could be eligible to receive compensation from the Department of Veterans Affairs. An experienced mesothelioma attorney who has experience in VA claims can help veterans start the process of obtaining compensation.
All branches of the military utilized asbestos in the 20th century due to its insulation, heat resistance and toughness. However, Kalamazoo asbestos lawyers who spent time on ships were especially vulnerable to exposure due to the fact that asbestos was used frequently in boiler systems and as insulation on naval vessels. Air Force veterans who worked on components of aircraft engines such as rotors and hydraulics, fuel systems and hydraulic systems were exposed to asbestos since the material was used in these parts. Marine Corps veterans who were stationed at naval bases or barracks could have been exposed to asbestos as well.
Many veterans who were exposed during their service in the military did not realize that this contaminant mineral could cause mesothelioma as well as other serious health complications. These veterans did not make VA claims after being diagnosed with asbestos-related ailments.
A mesothelioma lawyer who is qualified can assist veterans in obtaining VA benefits, which include monthly compensation. A lawyer can examine a veteran's medical records and exposure history to determine whether they qualify for compensation.
The compensation amount awarded depends on the degree of disability as well as evidence of exposure to asbestos during military service. A lawyer can assist veterans in completing the proper paperwork to prove this connection.
Veterans with mesothelioma that is related to service are eligible for a monthly payment based on their disability rating. Veterans suffering from non-malignant lung ailments such as pleural plaque or asbestosis may be eligible for smaller payouts. 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 can receive free VA health care and help to pay for their treatment expenses. This is a crucial benefit for families dealing with a mesothelioma diagnosis. The financial aid that veterans receives through VA benefits can ease the burden of mesothelioma therapies and let them focus on their treatment. A veteran with mesothelioma needs to discuss his options with a lawyer as soon as they can in order to begin the process of compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma might be qualified for disability compensation. The VA provides a range of programs to help disabled veterans. Compensation is determined by the person's VA Disability Rating and how it affects their everyday life.
A veteran must prove their medical condition is related to their military service before they are eligible to receive VA disability benefits. This involves providing a written exposure history detailing where, when and how they were exposed to asbestos 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.
Veterans are able to benefit from the help of an experienced mesothelioma attorney in the VA claim process. They can assist them in submitting the correct forms and determine the areas of their service-related exposure to asbestos. They can also help connect service members with medical professionals who can confirm the diagnosis and provide evidence in their medical records of asbestos exposure.
Asbestos victims can also make a claim through one or more trusts established by companies that produce asbestos-containing products. The process of obtaining compensation from these trusts is a different process than filing for VA disability benefits. It's a viable option for many who are diagnosed with mesothelioma and other asbestos-related illnesses.
A mesothelioma lawyer or asbestosis attorney can help veterans get the justice they deserve, no matter which option they select. Compensation may be offered in the form a lump-sum payment or a monthly benefit. Additionally, they could assist with obtaining additional financial support from the government in the form of a housebound allowance or Aid and Attendance benefits.
Veterans can appeal an VA mesothelioma ruling that is either denied or reduced. They can appeal the decision by filing a Supplemental Claims, requesting an upper-level review, or appeal to a Board of Veterans Appeals. A lawyer can help explain these options and how to file an appeal with the VA. In certain cases it could be accompanied by a trial that could result in a jury verdict and the award of compensation.
Asbestos Trusts
Asbestos victims may receive compensation from trust funds that were set by companies that made use of asbestos-based products. As asbestos manufacturers became aware of the dangers their products pose to the public they declared bankruptcy to limit their liability. In the process, these debtor companies established asbestos trusts to pay medical claims from their victims.
When an individual files for mesothelioma or another asbestos-related disease, compensation from an 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 help in determining which bankruptcy trust to file your claim with. Then, the lawyer can help gather and file necessary documentation to establish the asbestos-related symptoms of the victim and their link to a specific company or asbestos-containing product.
The asbestos trust will review the claim and assign a value to the case after asbestos victims have submitted it. The trust can utilize the process of expedited review, which allows cases to be settled quickly, with a set payout amount. It can also use a process known as individual review which examines the evidence more thoroughly and could award a higher payout than expedited review.
Many asbestos trusts have payment schedules that can take months to years to complete. During this time, the trusts will be reviewing other cases and could either decide to approve or deny them. This can be frustrating to mesothelioma patients, their families and their lawyers.
In addition to this, many asbestos companies use an approach called payment percentages, which lowers the total value of an claim. This is done so the asbestos trusts do not run out of money before all victims have been paid.
If asbestos victims do not receive a payout through a bankruptcy trust or trust, they could bring a lawsuit against the asbestos manufacturer that exposed them. The process of suing is costly and long. Many asbestos victims opt to file a claim with the asbestos trusts, particularly when they are diagnosed with mesothelioma or other asbestos-related illnesses. The best way to ensure the most lucrative compensation possible is to work with a knowledgeable lawyer.
Compensation Damages
Compensation from asbestos settlements and awards could help victims their families, as well as others with costs like prescription drugs, home care travel expenses, and much more. The calculation of the value of your mesothelioma claim is a complex matter and heavily dependent on your specific circumstances.
Mesothelioma lawyers can draw on their experience to help you determine what your potential claim is worth. A mesothelioma attorney with experience has successfully argued thousands of asbestos cases and has secured settlements on behalf of those who are affected by mesothelioma and other asbestos-related illnesses.
There are two kinds of claims: personal injury claims and wrongful deaths. Both seek financial compensation from companies who wrongly exposed patients to asbestos. A personal injury lawsuit is brought by a victim in wrongful-death cases, whereas a wrongful-death suit is filed on behalf of a victim who died due to an asbestos-related illness like mesothelioma.
While the majority of mesothelioma lawsuits settle, some do go to trial. The decision to settle or go to trial is contingent on a variety of variables which include the amount of evidence the lawyer for the victim has and the likelihood that the defendant will lose the trial. In most instances, defendants choose to settle rather than risk losing a substantial judgment at trial and the negative publicity that could follow.
A mesothelioma case can be used to compensate a victim for pain and suffering medical expenses, lost income and companionship, as as other losses to the family. Depending on the severity of a person's mesothelioma or another asbestos-related disease, compensation can also include punitive damages meant to penalize the defendant and discourage similar behavior in the future.
Asbestos-related victims are at a higher risk for developing an asbestos-related illness, especially veterans. Veterans account for about 30% of mesothelioma cases reported every year. The Department of Veterans Affairs offers healthcare and financial compensation to eligible veterans who have been diagnosed with asbestos-related ailments. Contact the Veterans Affairs Assistance Office located in your area or call 1-877-824-6774 for assistance to make a VA Disability Claim. The law firm LK has represented thousands asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and verdicts, and are regarded by defendants as well as insurers as the top national experts in mesothelioma litigation.