24-Hours To Improve Asbestos Compensation
How to Calculate Asbestos Compensation
Many families affected by asbestos-related diseases require compensation. These financial awards can be used to pay for at-home care and transportation, as well as other costs.
An experienced lawyer can assist you to understand all options available to you and help you decide the type of claim you want to submit. A lawyer can examine your work history, health and asbestos exposure to document your claims.
Military Service
Veterans who suffer from asbestos-related ailments like mesothelioma or cancer may be eligible for compensation through the Department of Veterans Affairs. An attorney certified by VA for mesothelioma can assist veterans in beginning the compensation process.
All branches of the military used asbestos in the 20th century due to its fireproofing and heat resistance properties. However, Navy veterans who spent time aboard ships were the most at risk of exposure because asbestos was regularly utilized in boiler systems and insulation on naval vessels. Air Force veterans who worked on components of aircraft engines like rotors, hydraulics, fuel systems, and hydraulic systems were also exposed to asbestos because the material was utilized in these components. Marine Corps veterans stationed in naval bases or barracks could have also been exposed.
No matter what branch of service, many veterans who were exposed to asbestos in the military were unaware that this harmful mineral can cause mesothelioma and other serious health complications. These veterans didn't make VA claims after being diagnosed with asbestos-related illnesses.
A mesothelioma lawyer can help veterans get VA benefits, such as monthly compensation. A lawyer can review the medical records of the veteran to determine their eligibility for compensation.
The compensation amount awarded depends on the degree of disability as well as evidence of exposure to asbestos during his military service. A lawyer can help veterans prepare the paperwork needed to prove the connection.
Veterans with service-connected mesothelioma receive a monthly payout according to their disability rating. Veterans who suffer from non-malignant lung diseases such as pleural plaques or asbestosis may be eligible for smaller amounts. In some cases, the family members of a vet may be eligible for compensation.
Patients diagnosed with mesothelioma might be eligible for free VA healthcare, as well as financial aid to pay for their treatment. This is a crucial benefit for a family who has been diagnosed with mesothelioma. The financial assistance a veteran can get through VA benefits can alleviate the burden of mesothelioma treatment and allow them to concentrate on their treatment. A person suffering from mesothelioma should discuss these options with a lawyer immediately to start the compensation process.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related illnesses such as mesothelioma might be qualified for disability compensation. The VA has a range of programs that are designed to aid disabled veterans. Compensation is based on the person's VA Disability Rating and how it affects their daily lives.
To qualify for VA disability benefits veterans must first prove that their illness is due to their military service. This requires a written record of asbestos exposure detailing when, where and how the individual was exposed to asbestos during their military career. The VA must also review medical records and conduct physical examinations that include chest X-rays and lab tests and lung (pulmonary) function testing.
A knowledgeable mesothelioma lawyer will assist veterans through the VA claims process. Buena Park asbestos attorneys can help veterans submit the correct forms, and determine the areas where they were exposed to asbestos during their service. They can also help them connect with medical professionals who can confirm the diagnosis and provide evidence of exposure to asbestos in their medical records.
Asbestos victims may also file a claim at one or more trusts created by companies that manufacture asbestos-containing products. The process for obtaining compensation from these trusts is different from the VA disability benefits. However, it is a viable option for many patients who have been diagnosed with mesothelioma or any other asbestos-related illnesses.
Whatever route they decide to take, a mesothelioma or asbestosis lawyer can help veterans get the compensation they deserve. Compensation may be offered in the form of a lump-sum payment or a monthly benefit. They may also help you receive additional financial support from the government, for example aid for homebound and Aid and Attendance benefits.
If a veteran's VA mesothelioma classification is cut or denied, they are able to appeal the decision. They can request a Supplemental Claim, ask for 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 available and how appeal to the VA. In certain cases there is the possibility of a trial being held, which would result in a verdict by jurors and compensation.
Asbestos Trusts
Asbestos victims can get compensation from trust funds that were set up by companies that used asbestos-based products. As asbestos manufacturers became more aware of the dangers their products posed to people, they filed for bankruptcy in order to limit their liability. As a result, the companies that were in debt set up asbestos trusts to pay medical claims from their victims.
When a person files for compensation from a bankruptcy trustee, they must provide the details of their disease and link it to an specific product. A lawyer experienced in asbestos law can help decide which trust to file a claim against. The lawyer will assist in gathering and filing the required documentation to prove the asbestos victim's symptoms and their connection to a particular company or asbestos-containing product.
Once asbestos victims submit an claim and the asbestos trust look into the claim and determine the value of the case. The trust can use an expedited review process, which settles cases with an agreed-upon payout. It can also use an individual review, which takes an in-depth look at the evidence and could award more money than is awarded by expedited review.
Many asbestos trusts can have payment schedules that span between months and years. In this time the trusts will review other cases to determine if they should be accepted or rejected. This can be very frustrating for mesothelioma patients, their families and their lawyers.
Many asbestos companies also employ an amount of payment that decreases the value of a claim. This is to ensure that asbestos trusts aren't depleted of funds before all victims have been compensated.
If asbestos victims do not receive a payout through bankruptcy trusts they might be able to file a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. The process of suing can be expensive and lengthy. Many asbestos victims opt to file a claim with the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or other asbestos-related diseases. The best way to ensure the most compensation you can get is to consult a knowledgeable attorney.
Compensation Damages
Compensation from asbestos settlements or awards could help families and victims with expenses like prescription drugs, in-home treatment, travel expenses and much more. Calculating the value of your mesothelioma lawsuit is a complex matter and heavily dependent on your personal circumstances.
Mesothelioma lawyers can leverage their experience to help you determine what your potential claim is worth. An experienced mesothelioma lawyer 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 mesothelioma claims: personal injury and wrongful death. Both seek financial compensation from companies who exposed victims to asbestos in a wrongful manner. A personal injury lawsuit is brought by a victim, while a wrongful-death lawsuit is brought on behalf of a person who died due to an asbestos-related disease such as mesothelioma.
Some mesothelioma cases go to trial, despite the fact that most settle. The decision of whether to settle or go to trial depends on a variety of variables, including the amount of evidence that the victim's lawyer has as well as the likelihood that the defendant will lose the trial. In the majority of instances, defendants opt to settle instead of risking the possibility of a huge verdict in court and the negative publicity that might follow.
A mesothelioma lawsuit 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. Compensation can include punitive damages, based on the severity of the mesothelioma disease or other asbestos-related diseases. Punitive damages are designed to penalize and discourage similar conduct.
Asbestos victims are at increased risk for developing an asbestos-related illness particularly veterans. In turn, veterans make up about 30% of mesothelioma claims filed each year. The Department of Veterans Affairs offers financial and healthcare compensation to veterans who are diagnosed with asbestos-related illnesses. 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 of asbestos victims and their family members. Our lawyers have recovered hundreds of millions in settlements and verdicts and are regarded by defendants as well as insurers as national leaders in mesothelioma litigation.