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 lawyer can assist you in determining the best type of claim to pursue. An attorney can look over the work history as well as the health status and asbestos exposure in order to document your claim.
Military Service
Veterans who suffer from asbestos-related ailments like mesothelioma or cancer may be eligible for compensation through the Department of Veterans Affairs. A VA-certified mesothelioma attorney can help veterans begin the process of compensation.
All branches of the military used asbestos in the 20th century due to its heat resistance and fireproofing characteristics. Navy veterans who worked on ships were more at risk of asbestos exposure, because asbestos was used in boiler systems and insulation. Air Force veterans who worked on the components of engines for aircraft such as rotors and hydraulics, fuel systems and hydraulic systems were exposed to asbestos because asbestos was used in these components. Marine Corps veterans stationed in barracks or naval bases could have also been exposed.
Whatever the service branch, many veterans exposed to asbestos in the military did not realize that this toxic mineral could cause mesothelioma or other serious health complications. These veterans didn't make VA claims after being diagnosed with asbestos-related diseases.
A mesothelioma lawyer with experience can assist veterans to obtain VA benefits, including monthly payments. A lawyer can examine the medical records of a veteran and exposure history to determine whether they qualify for compensation.
The amount of compensation awarded is contingent on the severity of disability as well as evidence of exposure to asbestos during their military service. An attorney can assist veterans in completing the proper paperwork to demonstrate the connection.
Veterans with mesothelioma that is connected to service receive a monthly payout depending on their disability rating. Veterans with non-malignant lung conditions like asbestosis or pleural plaque may be eligible for smaller payouts. In some instances, a vet's family members may be eligible to receive indemnity and dependency payments.
In addition to the compensation in addition to compensation, mesothelioma patients are eligible for free VA healthcare and assistance with the cost of their treatment. This support is vital for families that have been diagnosed with mesothelioma. The financial aid that veterans receives through VA benefits can ease the burden of mesothelioma therapies and allow them to concentrate on their treatment. A mesothelioma patient needs to discuss his options with a lawyer as soon as they can to begin the process of compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases like mesothelioma may be qualified for disability benefits. The VA has a number of programs designed to help disabled veterans. Compensation is based on the person'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 means submitting an exposure record that outlines the dates, times and locations they were exposed to asbestos during their time in the military. The VA must also review medical records and conduct physical exams that include chest X-rays and lab tests and lung (pulmonary) function testing.
Veterans are able to take advantage of the assistance of a mesothelioma lawyer who is experienced during the VA claim process. They can assist veterans to fill out the correct forms, and identify the locations where they were exposed to asbestos during their service. They can also help connect service members to medical professionals that can confirm the diagnosis and provide evidence in their medical records of exposure to asbestos.
Asbestos victims can also claim compensation through one or more of the trusts set up by the companies that made asbestos-containing products. The process of obtaining compensation from these trusts is different than filing for VA disability benefits. It's an option for many people suffering from mesothelioma and asbestos-related diseases.
A mesothelioma lawyer or asbestosis lawyer can assist veterans get the justice they deserve, regardless of the option they select. Compensation can be received as a lump sum payment or a monthly benefit. They can also help you obtain additional financial support through the government, such as an allowance for housebound people and Aid and Attendance benefits.
Veterans can appeal the decision of a VA mesothelioma decision which is lowered or denied. They may appeal the decision through requesting an appeal under Supplemental Claims, asking for an additional level of review, or appeal to the Board of Veterans Appeals. An attorney can provide information on the options available and how to appeal to the VA. In some cases, this can even include an appeal that could result in a verdict by a jury and the award of compensation.
Asbestos Trusts
Trust funds established by asbestos-using businesses can be used to pay asbestos victims. After asbestos manufacturers realized the dangers of their products and how they could harm people, a lot of them declared bankruptcy to reduce their liabilities. These companies, which were debtors, created asbestos trusts to pay the medical claims of their victims.
When a person files for compensation from a bankruptcy trustee, they must provide the details of their illness and connect it to an specific product. A lawyer that is familiar with asbestos law can help in determining which bankruptcy trust to submit your claim to. The lawyer can assist in assembling and filing the necessary documentation to establish the asbestos victim's symptoms as well as their connection to a particular company or asbestos-containing product.
When asbestos victims file a claim, the asbestos trust will review it and assign a value to the case. The trust can utilize an expedited review process which settles cases through a fixed payout. It also has a procedure known as individual review which examines the evidence in greater depth and may award a larger payout than expedited review.
Many asbestos trusts have payment schedules that span from months to years. In this time, the trusts may look over other cases to determine if they should be approved or rejected. This can be very frustrating for mesothelioma patients, their families and their lawyers.
In addition there are asbestos companies that have a process called payment percentages, which decreases the total value of an claim. This is to ensure that the asbestos trusts don't have to pay out before all victims are paid.
Asbestos victims who do not receive a payment from a bankruptcy trust may be eligible to file a suit against the asbestos manufacturer accountable for their exposure. However, the litigation process can be long and expensive. The majority of asbestos victims opt to file a claim through the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or any other asbestos-related illnesses. The best way to receive the most compensation you can get is to work with an experienced lawyer.
Compensation Damages
Compensation from asbestos settlements or awards can help families and victims with costs such as prescription drugs, in-home care, travel expenses and much more. The process of calculating the value of your mesothelioma claim is a complex matter and heavily dependent on your personal circumstances.
Mesothelioma lawyers can draw on their experience to help determine what your potential claim is worth. A mesothelioma attorney with experience will have filed thousands of successful asbestos cases and settlements on behalf of those who are affected by mesothelioma, or other asbestos-related illnesses.
There are two types of mesothelioma cases which include personal injury and wrongful death. Both seek financial awards from companies that 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 a person who died from an asbestos-related disease, such as mesothelioma.
Although Kansas City asbestos lawsuit of mesothelioma lawsuits are settled however, some go to trial. The decision to either settle or go to trial is based upon a number of factors, including the amount of evidence the victim's attorney has and the likelihood that the defendant will lose in court. In most instances, defendants choose to settle instead of losing a large judgment at trial and the negative publicity that might be the result.
A mesothelioma lawsuit can provide compensation for the monetary value of a person's pain and suffering, past and future medical expenses and lost income as well as for loss of companionship and other losses in the family. Compensation may include punitive damages based on the severity of the mesothelioma illness or other asbestos-related diseases. Punitive damages are designed to penalize and discourage similar conduct.
Asbestos sufferers are at greater risk for developing an asbestos-related illness, especially veterans. In turn, veterans comprise around 30% of mesothelioma lawsuits that are filed each 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 region or call 1-877-824-6774 for assistance to make 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 regarded by defendants and insurers as national leaders in mesothelioma litigation.