How to Calculate Asbestos Compensation
Many families impacted by asbestos-related illnesses need access to compensation. These financial awards help pay for at-home care and transportation, as well as other costs.
An experienced lawyer can help you decide on the most suitable type of claim to pursue. A lawyer can examine your work history as well as the health status, and asbestos exposure to record your claim.
Military Service
Veterans with asbestos-related diseases like mesothelioma and cancer may be eligible to receive compensation from the Department of Veterans Affairs. An experienced mesothelioma attorney who has experience in VA claims can assist veterans start the process of obtaining compensation.
All branches of the military utilized asbestos during the 20th century because of its insulation, heat resistance and toughness. Navy veterans who worked on ships were more at risk of asbestos exposure, as 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 used in these components. Marine Corps veterans who were stationed at naval bases or in barracks may have been exposed to asbestos as well.
Many veterans who were exposed during their service in the military didn't realize that this contaminant mineral could cause mesothelioma, among other health complications. These veterans didn't file VA claims after being diagnosed with asbestos-related ailments.
A mesothelioma lawyer can help veterans get VA benefits, like monthly compensation. A lawyer can examine a veteran's medical records and exposure history to determine if they are eligible for compensation.
The amount of compensation is determined by the level of the veteran and evidence of asbestos exposure during their military service. A lawyer can help an individual in completing the appropriate paperwork to prove this connection.
Veterans with mesothelioma that is related to service are eligible for a monthly payment depending on their disability ratings. Veterans with non-malignant lung conditions such as pleural plaque or asbestosis may be eligible for smaller payments. In certain instances, family members of a veteran may be eligible for compensation.
In addition to the compensation, veterans with mesothelioma are eligible for free VA health care and help paying for their treatment costs. This is a crucial benefit for families who have been diagnosed with mesothelioma. The financial aid a veteran can receive through VA benefits can alleviate the burden of mesothelioma treatments and let them focus on their treatment. A person suffering from mesothelioma should discuss these options with a legal representative as soon as possible to begin the process of obtaining compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related illnesses 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 a person's VA disability rating and how their medical condition affects their daily activities.
To qualify for VA disability benefits, a veteran must first prove that their illness is related to their military service. This requires a written exposure history detailing where, when and how they were exposed to asbestos during their time in the military. The VA must also look over medical documentation, perform an examination of the body that includes chest X-rays, laboratory testing and lung function tests.
Veterans can benefit from the assistance of a mesothelioma lawyer who is experienced in the VA claim process. They can help veterans submit the correct forms, and identify the locations where they were exposed to asbestos during their time of service. They can also connect them to medical professionals who can confirm the diagnosis and provide proof of asbestos exposure in their medical records.
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 the VA disability benefits. It's a viable option for a lot of people who have been suffering from mesothelioma and asbestos-related diseases.
Regardless of which route they choose, a mesothelioma or asbestosis lawyer can help veterans obtain 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 may help in obtaining financial assistance from the government in the form of housebound allowance or Aid and Attendance benefits.
Veterans can appeal an VA mesothelioma ruling which is lowered or denied. They can request an 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. An attorney can explain the options and how to appeal to the VA. In some cases there is the possibility of a trial being conducted that results in a verdict by a jury and compensation.
Asbestos Trusts
Asbestos victims may receive compensation from trust funds set by companies that used asbestos-based products. As asbestos producers became aware of the dangers their products posed to people and their families, they filed for bankruptcy in order to limit their liability. In the process, these debtor companies established asbestos trusts to pay medical claims from their victims.
When an individual seeks mesothelioma or other asbestos-related disease, compensation from an bankruptcy trust, they have to disclose the circumstances of their illness and tie it to a specific asbestos product. An asbestos lawyer who is knowledgeable of law can assist in determining which trust to file a claim against. The lawyer will assist in assembling and filing the necessary documentation to prove the asbestos-related symptoms of the victim and their link to a specific company or asbestos-containing product.
Once asbestos victims submit an claim, the asbestos trust will review it and determine the value of the case. The trust can utilize an expedited review, which settles cases quickly, with a set amount of money. It also has a process known as individual review which examines the evidence in greater detail and may award a larger payout than expedited review.
Many asbestos trusts may have payment schedules that span between months and years. During this time, trusts will review other cases and may approve or reject them. This can be a source of frustration for mesothelioma sufferers, their family members, and their lawyers.
Many asbestos companies also utilize a percentage of payment that reduces the value of a claim. This is done so the asbestos trusts do not run out of money before all victims have been paid.
Asbestos victims who don't receive a compensation from a bankruptcy trust might be eligible to file a suit against the asbestos producer responsible for their exposure. However, the litigation process can be lengthy and costly. Many asbestos victims opt to file a claim through the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or other asbestos-related illnesses. Working with an experienced attorney is the best way to get the maximum compensation.
Compensation Damages
Compensation from asbestos settlements or awards can help families and victims with expenses such as prescription drugs, in-home treatment, travel expenses and much more. The process of calculating the value of your mesothelioma lawsuit is complicated and highly dependent on your personal circumstances.
Mesothelioma lawyers can use their experience to help determine how much your claim is worth. A qualified mesothelioma lawyer will have a track record of filing thousands of successful asbestos settlements and lawsuits for those affected by mesothelioma and other asbestos-related illnesses.
There are two types of personal injury claims, and wrongful deaths. Both seek financial compensation from the companies who exposed asbestos-related victims in a wrongful manner. A personal injury lawsuit is filed by an injured person in wrongful-death cases, whereas a wrongful-death suit is filed on behalf of a person who died due to 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 a variety of aspects, 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 be the result.
A mesothelioma settlement can provide compensation for the monetary value of a person's pain and suffering in the past and future medical expenses and income loss, as well as for loss of companionship and other family losses. Santa Barbara asbestos attorneys may include punitive damages, depending on the severity of the mesothelioma or asbestos-related diseases. Punitive damages are meant to punish and deter future similar conduct.
Asbestos victims are at increased risk for developing an asbestos-related illness, especially veterans. This is why veterans account for around 30% of mesothelioma claims filed each year. The Department of Veterans Affairs offers financial and healthcare compensation to eligible veterans who have been diagnosed with asbestos-related ailments. Contact the Veterans Affairs Assistance Office located in your region or call 1-877-824-6774 for assistance to make a VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and verdicts, and are recognized by defendants and insurers as leaders in national mesothelioma litigation.