This Is The Ugly Truth About Asbestos Compensation

How to Calculate Asbestos Compensation

Many families impacted by asbestos-related diseases require access to compensation. These financial awards can be used to pay for the cost of home care, transportation and other expenses.

An experienced attorney can assist you to understand the various options available and decide what type of claim you should make. A lawyer can examine your work history as well as the health status and asbestos exposure in order to prove your claim.

Military Service

Patients suffering from asbestos-related diseases like mesothelioma and lung cancer could be eligible for compensation through the Department of Veterans Affairs. A mesothelioma lawyer certified by the VA can help veterans begin the process of obtaining compensation.

All branches of the military used it during the 20th century due to its heat resistance and fireproofing characteristics. However, Navy veterans who spent time on ships were especially at risk of exposure because asbestos was regularly utilized in boiler systems and as insulation on naval vessels. Air Force veterans who worked on aircraft engine components like rotors, hydraulics, fuel systems, and hydraulic systems were also exposed to asbestos as the material was used in these parts. Marine Corps veterans who were stationed at naval bases or in barracks might be exposed too.

Many veterans who were exposed during their military service did not know that this toxic mineral can cause mesothelioma as well as other serious health complications. These veterans didn't submit VA claims after being diagnosed with asbestos-related ailments.

A mesothelioma lawyer with experience can assist veterans in obtaining VA benefits, which include monthly compensation. A lawyer can examine the veteran's medical records to determine his or her eligibility for compensation.

The compensation amount awarded depends on a veteran's level of disability and proof of exposure to asbestos during his military service. A lawyer can assist an individual in completing the appropriate paperwork to prove the connection.

Veterans suffering from mesothelioma due to service are eligible for a monthly payment based on their disability rating. Veterans suffering from non-malignant lung diseases like asbestosis or pleural plaque may be eligible for smaller payouts. In certain instances, family members of a vet may be eligible to receive compensation.

Patients diagnosed with mesothelioma might be eligible to receive free VA healthcare as well as financial aid to cover their treatment. This assistance is essential for a family dealing with mesothelioma-related diagnosis. Financial aid that veterans can receive through VA benefits can alleviate the burden of treatment for mesothelioma and allow them to focus on their own treatment. A veteran with mesothelioma should discuss these options with a lawyer as soon as they can to begin the process of obtaining compensation.

VA Disability Benefits

A veteran diagnosed with an asbestos-related condition such as mesothelioma may qualify for disability compensation. The VA has a range of programs designed to assist disabled veterans. Compensation is dependent on the person's VA disability rating and how their condition affects their daily life.

To be eligible for VA disability benefits, a veteran must first prove that their condition is linked to their military service. This requires a written record of asbestos exposure that details the time, place and manner in which the individual was exposed to asbestos lawyers during their military career. The VA also needs to review medical documentation and perform physical exams that include chest X-rays, lab tests and lung (pulmonary) function testing.

Veterans are able to benefit from the help of an experienced mesothelioma attorney 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 service. They can also help them connect with medical professionals who can verify the diagnosis and provide evidence of exposure to asbestos in their medical records.

Asbestos victims may also file a claim with one or more trusts created by companies that made asbestos-containing products. The process for obtaining compensation from these trusts differs from the VA disability benefits. However, it is a viable option for many people who were diagnosed with mesothelioma and other asbestos illnesses.

Whatever route they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans obtain the amount of compensation they are entitled to. Compensation may be offered as a lump sum payment or a monthly benefit. They may also help you obtain additional financial support through the government, like an allowance for housebound people and Aid and Attendance benefits.

Veterans can appeal the decision of a VA mesothelioma ruling which is lowered or denied. They can appeal the decision by requesting a Supplemental Claims, requesting an additional level of review or appeal to a Board of Veterans Appeals. A lawyer can help explain the options available and how to appeal to the VA. In some instances this could even involve the possibility of a trial which could lead to a jury verdict and award of compensation.

Asbestos Trusts

Trust funds set up by asbestos-using companies may be used to compensate asbestos victims. As asbestos manufacturers became more aware of the dangers their products posed to people and their families, they filed for bankruptcy to limit their liability. These debtor companies created asbestos trusts to pay the medical claims of their victims.

When a person files for compensation from a bankruptcy trustee they must describe the causes of their illness and connect it to a specific product. An asbestos lawyer who is knowledgeable of law can help decide which trust to file a claim with. Then, the lawyer can assist in gathering and filing the required documents to prove the asbestos-related symptoms of the victim and their link to a specific company or asbestos lawsuit-containing product.

Once asbestos victims submit a claim and the asbestos trust examine the claim and determine the value of the case. The trust can use an expedited review, which allows cases to be settled quickly, with a set amount of money. It can also use a procedure known as individual review, which analyzes the evidence in greater depth and may award a larger amount than the expedited review.

Many asbestos trusts have payment schedules that range between months and years. In this time the trusts will review other cases to determine whether they should be accepted or rejected. This can be a frustrating experience for mesothelioma patients as well as their families and attorneys.

Many asbestos companies also employ a percentage of payment that reduces the value of the claim. This is so that asbestos trusts do not run out of money before all victims are paid.

Asbestos victims who don't receive a compensation from a bankruptcy trust may be eligible to file a suit against the asbestos producer responsible for their exposure. However, the litigation process can be lengthy and expensive. Most asbestos victims choose to file claims through asbestos lawyers trusts, particularly when they've been diagnosed with mesothelioma or other asbestos-related illnesses. A lawyer with experience is the best method to receive the most compensation.

Compensatory Damages

Compensation from asbestos settlements or awards could aid families of victims with expenses such as prescription drugs, in-home healthcare, travel expenses, and much more. However, calculating how much your mesothelioma claim could be worth is difficult and is highly dependent on personal circumstances.

Mesothelioma lawyers can utilize their knowledge to help determine the value of your claim. A qualified mesothelioma lawyer will have a history of filing thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma and other asbestos-related illnesses.

There are two kinds: personal injury claims and the wrongful death. Both seek financial awards from companies who wrongly exposed victims 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 a person who died due to asbestos-related illness, like mesothelioma.

While the majority of mesothelioma lawsuits settle but some do go to trial. The decision to settle or to go to trial is contingent on a variety of factors, including the amount of evidence the lawyer representing the victim has and the probability that the defendant will lose the trial. In the majority of instances, defendants opt to settle instead of taking on an enormous verdict at trial and the negative publicity that could follow.

A mesothelioma case can compensate a victim for their pain and suffering as well as medical expenses, loss of income and companionship, as as other losses for the family. Compensation may include punitive damages, depending on the severity of mesothelioma disease or other asbestos-related diseases. Punitive damages are meant to penalize and discourage similar behavior.

Veterans are at greater risk of developing an asbestos-related disease. Veterans account for about 30 percent of mesothelioma cases that are reported every year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related illness and provides financial and medical benefits dependent on the severity of the illness. Contact the Veterans Affairs Assistance Office located in your region, or call 1-877-824-6774 to file an VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have recovered hundreds of millions in settlements and verdicts, and are recognized by defendants and insurers as leaders in national mesothelioma litigation.