Responsible For An Asbestos Compensation Budget? 12 Ways To Spend Your Money
How to Calculate Asbestos Compensation
Many families impacted by asbestos-related diseases need access to compensation. These financial awards can be used to pay for transport, home care and other costs.
A knowledgeable attorney can assist you to understand all your options and determine the type of claim you want to make. A lawyer can examine your work history, health and asbestos exposure to support your claims.
Military Service
Veterans with asbestos-related diseases like mesothelioma and cancer could be eligible for compensation from the Department of Veterans Affairs. A mesothelioma lawyer experienced in VA claims can assist veterans start the compensation process.
All military branches used asbestos in the 20th century because of its fireproofing and heat resistance qualities. Navy veterans who worked on ships were at greater risk of exposure to asbestos because asbestos was used in boiler systems and insulation. Air Force veterans who worked on aircraft engine parts like rotors, hydraulics and fuel systems were exposed to asbestos as a result of the material's use in these components. Marine Corps veterans who were stationed at naval bases or in barracks might be exposed too.
asbestos lawsuit compensation who were exposed during their service in the military did not realize that this toxic mineral can cause mesothelioma and other serious health issues. They did not submit VA claims after being diagnosed with asbestos-related ailments.
A mesothelioma lawyer can assist veterans to receive VA benefits, including monthly compensation. A lawyer can look over the veteran's medical records to determine his or her eligibility for compensation.
Compensation amounts are determined by the degree of the veteran and proof of asbestos exposure during military service. An attorney can assist a veteran in filing the proper paperwork to demonstrate this connection.
Veterans with mesothelioma that is related to service are eligible for a monthly payment based on their disability rating. Veterans who suffer from non-malignant lung diseases like pleural plaque or asbestosis can receive smaller payouts. In some cases, the family members of a veteran may be eligible to receive compensation.
Patients diagnosed with mesothelioma might be eligible to receive free VA healthcare, as well as financial aid to pay for their treatment. This assistance is essential for families who have been diagnosed with mesothelioma. The financial aid that veterans receives through VA benefits can ease the burden of mesothelioma treatment and allow them to focus on their treatment. A person suffering from mesothelioma should discuss these options with a lawyer as soon as possible to begin the process of obtaining compensation.
VA Disability Benefits
A veteran who has been diagnosed with an asbestos-related illness such as mesothelioma might be eligible for disability compensation. The VA has a number of programs designed to assist disabled veterans. Compensation is determined by the individual's VA disability rating and how their medical condition affects their daily activities.
A veteran must prove their medical condition is related to their military service prior to being able to be eligible for VA disability benefits. This includes a written history of asbestos exposure detailing the dates, locations and methods the individual was exposed to asbestos during their military career. 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 take advantage of the assistance of an experienced mesothelioma attorney during the VA claim process. They can assist them in submitting the proper forms and pinpoint the locations of their service-based exposure to asbestos. They can also connect the service members to medical professionals who can confirm the diagnosis and provide evidence in their medical records of exposure to asbestos.
Asbestos victims may also claim compensation through one or more of the trusts created by companies that made asbestos-containing products. The process of obtaining the compensation these trusts provide differs from VA disability benefits. It's an option for a lot of people who have been diagnosed with mesothelioma and other asbestos-related diseases.
A mesothelioma attorney or an asbestosis lawyer can help veterans receive the compensation they deserve, no matter which route they choose. Compensation may be in the form of a lump sum payment or a monthly benefit. They can also help you get additional financial assistance from the government, such as an allowance for housebound people and Aid and Attendance benefits.
Veterans may appeal a VA mesothelioma determination that is reduced or denied. They can apply for a Supplemental Claim, request an appeal to a higher-level review, or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. A lawyer can explain the options available and how to file an appeal with the VA. In certain cases, a trial could be held that would result in a verdict from a jury and compensation.
Asbestos Trusts
Asbestos victims can receive compensation from trust funds set up by companies that used asbestos products. As asbestos producers became aware of the dangers their products posed to people, they filed for bankruptcy in order to limit their liability. In the process, these companies who were in debt created asbestos trusts to cover medical claims from their victims.
If someone files for mesothelioma or another asbestos-related disease compensation from an bankruptcy trust, they have to be able to describe the circumstances surrounding their illness and connect it to an asbestos-related product. A lawyer experienced in asbestos law can help determine which trust to file a claim with. The lawyer will then assist collect and submit the necessary evidence to show that the asbestos victim's symptoms are related to a particular company or product that contains asbestos.
The asbestos trust will assess the claim and assign a value for the case once asbestos victims have submitted it. The trust can use an expedited review process, which settles cases through a fixed payout. It also can use a process known as individual review which examines the evidence more thoroughly and may award a larger amount than the expedited review.
Many asbestos trusts have payment schedules that can take from months to to complete. During this period, trusts will review other cases and decide whether to decide to approve or deny them. This can be frustrating to mesothelioma patients, their families, and their lawyers.
Many asbestos companies also utilize a payment percentage that reduces the value of an claim. This is done so the asbestos trusts don't have to pay out before all victims are compensated.
If asbestos victims do not receive a payment through bankruptcy trusts, they may be able start a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. However, the process can be lengthy and costly. Most asbestos victims choose to file a claim through the asbestos trusts instead, especially when they are diagnosed with mesothelioma, or other asbestos-related illnesses. Employing an experienced attorney is the best way to get the maximum compensation.
Compensatory Damages
Compensation from asbestos settlements or awards can aid families of victims with expenses like prescription medications, home care, travel expenses and more. Calculating the value of your mesothelioma lawsuit is complicated and highly dependent on your specific circumstances.
Mesothelioma lawyers can leverage their experience to help determine what your potential claim is worth. A mesothelioma lawyer with experience has a proven track record of submitting thousands of winning asbestos settlements and lawsuits for those affected by mesothelioma and other asbestos-related illnesses.
There are two types of mesothelioma claims: personal injury and wrongful death. Both seek financial awards from companies that exposed patients to asbestos. A personal injury lawsuit is brought by a person who has been injured, while a wrongful-death lawsuit is brought on behalf of a victim who has died from an asbestos related illness like mesothelioma.
Some mesothelioma cases go to trial, despite the fact that most settle. The decision to decide whether to settle or go to trial is based upon a number of factors, including how much evidence the lawyer for the victim has and the likelihood that the defendant will lose in court. In most cases, defendant companies choose to settle rather than risk losing a substantial judgment in trial and the negative publicity that could result.
A mesothelioma lawsuit can offer compensation for the financial value of the person's suffering and pain, past and future medical expenses and lost income, as well as for loss of companionship and other family losses. Based on the severity of mesothelioma, or another asbestos-related illness, compensation may be accompanied by punitive damages to punish the defendant and deter similar behavior in the future.
Veterans are at a higher risk of developing an asbestos-related ailment. Veterans account for about 30 percent of mesothelioma cases that are filed every year. The Department of Veterans Affairs offers healthcare and financial aid to eligible veterans who have been diagnosed with asbestos-related diseases. Contact the Veterans Affairs Assistance Office located in your region or call 1-877-824-6774 for assistance 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 judgments and are regarded by defendants as well as insurers as national leaders in mesothelioma litigation.