Are You Responsible For The Asbestos Compensation Budget? 12 Ways To Spend Your Money
How to Calculate Asbestos Compensation
Many families afflicted by asbestos-related diseases require compensation. These financial awards help pay for at-home care, transportation and other expenses.
An experienced attorney can assist you in understanding all options available to you and help you decide what type of claim you should file. A lawyer can review your background, health history and asbestos exposure to prove your claims.
Military Service
Veterans diagnosed with asbestos-related illnesses like mesothelioma or cancer could be eligible for compensation through the Department of Veterans Affairs. A mesothelioma lawyer certified by the VA can assist veterans to begin the compensation process.
All branches of the military used asbestos in the 20th century because of its heat resistance and fireproofing characteristics. 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 fuel systems, hydraulics and hydraulic systems were also exposed to asbestos because the material was utilized in these components. Marine Corps veterans stationed in barracks or naval bases could also have been exposed.
Many veterans who were exposed during their military service did not know that this toxic mineral can cause mesothelioma, among other health complications. In the end, many veterans did not file VA claims or seek compensation after an asbestos-related diagnosis.
A mesothelioma attorney can help veterans receive VA benefits, including monthly compensation. Las Vegas asbestos attorneys can review the medical records of a veteran and exposure history to determine eligibility for compensation.
Compensation amounts are determined by the veteran's level and proof of asbestos exposure during military service. An attorney can help veterans complete the necessary paperwork to prove the connection.
Veterans with service-related mesothelioma are eligible for a monthly payment depending on their disability ratings. Veterans with non-malignant lung conditions such as pleural plaque or asbestosis are eligible for smaller payouts. In certain cases the family members of a vet could be eligible to receive indemnity and dependency payments.
In addition to compensation, veterans with mesothelioma are eligible to receive free VA medical care and assistance in paying for their treatment costs. This assistance is essential for a family who has mesothelioma-related diagnosis. The financial assistance a veteran can get through VA benefits can ease the burden of mesothelioma therapies and allow them to focus on their treatment. A person suffering from mesothelioma should discuss these options with a lawyer as soon as they can to begin the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related ailments such as mesothelioma might be qualified for disability benefits. The VA offers a variety of programs designed to assist disabled veterans. Compensation is dependent on the individual's VA disability rating and how their health affects their daily lives.
To receive 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 individual was exposed to asbestos to asbestos during their time in the military. The VA must also review medical documentation, perform physical examinations that include chest X rays, lab testing and lung function tests.
A mesothelioma lawyer who is experienced can assist veterans in the VA claims process. They can assist them in submitting the correct forms and identify the areas of their service-related exposure to asbestos. They can also 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 file a claim at one or more trusts established by companies that manufacture asbestos-containing products. The process of getting compensation from these trusts differs from the VA disability benefits. It is, however, an option for many people who have been diagnosed with mesothelioma and other asbestos-related diseases.
A mesothelioma attorney or an asbestosis lawyer can help veterans receive the amount of compensation they need, regardless of the method they choose. Compensation can come in the form of a lump sum payment or an ongoing monthly benefit. In addition, they may help in obtaining financial support from the government through a housebound allowance or Aid and Attendance benefits.
Veterans can appeal an VA mesothelioma decision that is either denied or reduced. They may appeal the decision through requesting a Supplemental Claims, requesting a higher level review or appealing to a Board of Veterans Appeals. A lawyer can explain the options available and how to file an appeal with the VA. In some instances this could even involve a trial that could result in a verdict by a jury and a settlement.
Asbestos Trusts
Asbestos victims can receive compensation from trust funds set up by companies that used asbestos products. When asbestos producers realized the dangers of their products and how they could cause harm to people, many filed for bankruptcy to limit their liability. As a result, the companies who were in debt created asbestos trusts to pay medical claims of their victims.
When a person files for compensation from a bankruptcy trustee they must explain the circumstances of their illness and connect it to the specific product. A lawyer who is familiar with asbestos law can assist in determining which trust to file your claim with. Then, the lawyer can assist in assembling and filing the necessary documentation to establish the asbestos-related symptoms of the victim and their connection to a particular company or asbestos-containing product.
When asbestos victims file an claim, the asbestos trust will look into the claim and determine the value of the case. The trust can use a process known as expedited review, which allows cases to be settled quickly and with a fixed amount of payout. It may also utilize an individual review, which takes a more detailed look at the evidence and may award an amount that is higher than what is offered through expedited review.
Many asbestos trusts may have payment schedules that span from months to years. During this time, trusts will review other cases and could either 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 a claim. This is to ensure that the asbestos trusts don't run out of funds before all victims have been paid.
If asbestos victims do not receive a payout through bankruptcy trusts or trust, they could start a lawsuit to sue the asbestos manufacturer that exposed them. The litigation process can be costly and time-consuming. Many asbestos victims opt to file a claim through the asbestos trusts, particularly when they are diagnosed with mesothelioma, or other asbestos-related illnesses. The best way to receive the highest possible compensation is to consult an experienced lawyer.
Compensation Damages
Compensation from asbestos settlements and awards could help victims and their families as well as others with expenses like prescription drugs, home health, travel expenses, and more. However, determining how much your mesothelioma lawsuit could be worth is difficult and highly dependent on individual circumstances.
Mesothelioma lawyers can leverage their expertise to help you determine the value of your claim. A mesothelioma attorney with experience has successfully filed thousands of asbestos cases and settlements on behalf of those who are affected by mesothelioma, or other asbestos-related diseases.
There are two kinds of claims: personal injury claims and wrongful deaths. Both seek financial compensation from companies that exposed victims to asbestos. A personal injury lawsuit is brought by an injured person 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.
Although the majority of mesothelioma lawsuits are settled however, some go to trial. The decision to decide whether to settle or go to trial is based on several aspects, including the amount of evidence the lawyer for the victim has and the probability that the defendant will lose at trial. In the majority of cases, defendants choose to settle instead of taking on a large verdict at trial and the negative publicity that could be the result.
A mesothelioma settlement can offer compensation for the financial value of a person's pain and suffering in the past and future medical expenses and lost income as well as for loss of companionship and other family losses. Based on the severity of a person's mesothelioma or another asbestos-related disease, compensation could also include punitive damages meant to penalize the defendant and discourage similar conduct in the future.
Veterans are at a greater risk of developing an asbestos-related ailment. As such, veterans make up about 30% of all mesothelioma lawsuits submitted 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 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 regarded as the top lawyers in the country in mesothelioma litigation brought by insurance companies and defendants.