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 assist you in understanding all options available to you and help you decide which type of claim to submit. An attorney can look over your history of work, health and asbestos exposure to support your claims.
Military Service
Patients suffering from asbestos-related diseases such as mesothelioma and lung cancer could be eligible to receive compensation from the Department of Veterans Affairs. A mesothelioma lawyer experienced in VA claims can help veterans start the process of compensation.
All military branches used asbestos in the 20th century because of its insulation, heat resistance and durability qualities. However, Navy veterans who spent time on ships were particularly susceptible to exposure since asbestos was used frequently in boiler systems and as insulation on naval vessels. Air Force veterans who worked on aircraft engine components such as rotors and fuel systems, hydraulics and hydraulic systems were also exposed to asbestos since asbestos was used in these components. Marine Corps veterans stationed in naval bases or barracks could also have been exposed.
Whatever the branch of service, a lot of veterans exposed to asbestos in the military were unaware that this harmful mineral could lead to mesothelioma or serious health issues. These veterans didn't make VA claims after being diagnosed with asbestos-related diseases.
A mesothelioma lawyer can help veterans get VA benefits, like monthly compensation. A lawyer can review a veteran's medical records and exposure history to determine whether they qualify for compensation.
Compensation amounts are determined by the veteran's level and proof of asbestos exposure during their military service. A lawyer can assist veterans prepare the paperwork needed to prove the connection.
Veterans suffering from mesothelioma due to service are eligible for a monthly payment according to their disability rating. Veterans suffering from non-malignant lung ailments such as pleural plaque or asbestosis can receive smaller payouts. In some cases, the family members of a veteran may be eligible to receive compensation.
In addition to the compensation for mesothelioma patients, veterans are eligible to receive free VA healthcare and assistance paying for their treatment costs. This support is crucial for a family who has mesothelioma as a diagnosis. The financial aid that veterans receives through VA benefits can alleviate the burden of mesothelioma treatments and allow them to concentrate on their treatment. A person suffering from mesothelioma should discuss these options with a legal representative as soon as they can to start the compensation process.
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 based on the individual's VA disability rating and how their health affects their daily lives.
A veteran must prove that their illness to be linked to their military service before they can be eligible for VA disability benefits. This requires a written record of asbestos exposure, including the dates, locations and methods the veteran was exposed to asbestos during their time in the military. The VA must also review medical documentation, conduct physical examinations that include chest X rays, lab testing and lung function tests.
Veterans are able to benefit from the help of a mesothelioma lawyer who is experienced during the VA claim process. They can help veterans submit the proper 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 evidence of asbestos exposure in their medical records.
Asbestos victims may also claim compensation through one or more trusts established by the companies that produced asbestos-containing products. The process of getting the compensation these trusts provide differs from the VA disability benefits. It's an option for many people who have mesothelioma or other asbestos-related diseases.
No matter which path they choose whether asbestosis or mesothelioma, a lawyer can help veterans obtain the amount of compensation they are entitled to. Compensation may be in the form of a lump sum payment or an ongoing monthly benefit. In addition, they can help in obtaining financial support from the government through a housebound allowance or Aid and Attendance benefits.
If a veteran's VA mesothelioma score is reduced or denied, they can appeal the decision. They may appeal the decision by requesting an appeal under Supplemental Claims, requesting a higher level review, or appeal to a Board of Veterans Appeals. A lawyer can provide the options available and how to appeal to the VA. In certain instances there is the possibility of a trial being held that would result in a verdict by jurors and compensation.
Asbestos Trusts
Trust funds established by asbestos-using companies may be used to compensate asbestos victims. After asbestos manufacturers became aware of the dangers of their products and the potential to harm people, a lot of them declared bankruptcy to reduce their liability. These companies, which were debtors, created asbestos trusts in order to pay the medical claims of their victims.
If a person seeks mesothelioma or other asbestos-related disease compensation from a bankruptcy trust, they must disclose the circumstances of their illness and tie it to a specific asbestos product. An asbestos lawyer who is knowledgeable of law can help determine which trust to file a claim with. The lawyer can assist in gathering and filing the required documentation to establish the asbestos-related symptoms of the victim and their connection to a specific company or asbestos-containing product.
Once asbestos victims submit an application and the asbestos trust review it and determine the value of the case. The trust may use an expedited review, which settles cases quickly, with a set amount of payout. It also has an individual review, which analyzes the evidence in greater depth and could award a higher payout than expedited review.
Many asbestos trusts can have payment schedules that range from months to years. During this time, the trusts may review other cases to determine whether they should be accepted or rejected. This can be very frustrating for mesothelioma patients, their families and lawyers.
In addition to this, many asbestos companies use a process called payment percentages, which decreases the total value of the claim. This is to ensure that the asbestos trusts aren't depleted of funds before all victims have been paid.
Asbestos victims who do not receive a payment from a bankruptcy trust might be eligible to file a suit against the asbestos producer responsible for their exposure. The litigation process can be costly and time-consuming. Many asbestos victims opt to file a claim with the asbestos trusts, particularly when they are diagnosed with mesothelioma or any other asbestos-related diseases. Employing an experienced attorney is the best way to get the maximum compensation.
Compensation Damages
Compensation from asbestos settlements and awards can assist victims and their families as well as others with costs such as prescription medications, home care as well as travel expenses and much more. Calculating the value of your mesothelioma lawsuit is complex and highly dependent on your individual circumstances.
Mesothelioma lawyers can use their experience to help you determine what your potential claim is worth. Hampton asbestos lawyer who is qualified has a proven track record of submitting thousands of successful asbestos lawsuits and settlements for those affected by mesothelioma or any other asbestos-related illnesses.
There are two types of personal injury claims, and the wrongful death. Both seek financial awards from companies who wrongly exposed patients to asbestos. The difference between them is that a personal injury suit is filed by an individual who has suffered injury and a wrongful death lawsuit is filed on behalf of an individual who passed away due to an asbestos-related illness, like mesothelioma.
While most mesothelioma lawsuits settle however, some go to trial. The decision to decide whether to settle or go to trial is based upon a number of factors, including how much evidence the victim's attorney has and how likely it is that the defendant will lose in court. In most cases, defendant companies choose to settle instead of losing a substantial verdict at trial and the negative publicity that might result.
A mesothelioma suit can be used to compensate a victim for suffering and pain, medical expenses, lost income and companionship, as as other losses for the family. The compensation can also include punitive damages, depending on the severity of the mesothelioma illness or other asbestos-related diseases. Punitive damages are intended to penalize and discourage similar conduct.
Veterans are at a higher risk of developing an asbestos-related ailment. Veterans account for about 30% of mesothelioma cases filed every year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related ailments. To make a VA disability claim, contact 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 judgments, and are recognized as national leaders in mesothelioma lawsuits by defendants and insurance companies.