How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards can be used to cover the cost of home care, transportation, and other expenses.
Stamford asbestos lawsuit can help you determine the best kind of claim for you. A lawyer can examine your history of work, health and asbestos exposure to prove your claims.
Military Service
Patients suffering from asbestos-related diseases like mesothelioma or lung cancer may be eligible to receive compensation from the Department of Veterans Affairs. A mesothelioma lawyer certified by the VA can assist veterans in beginning the compensation process.
All military branches used asbestos during the 20th century due to its insulation, heat resistance and toughness. Navy veterans who worked on ships were at greater risk of exposure to asbestos since asbestos was utilized in boiler systems and insulation. Air Force veterans who worked on aircraft engine components such as rotors and fuel systems, hydraulics and hydraulic systems were also exposed to asbestos as asbestos was used in these parts. Marine Corps veterans who were stationed at naval bases or in barracks might have been exposed to asbestos as well.
Many veterans exposed to asbestos during their service in the military did not realize that this contaminant mineral could cause mesothelioma as well as other serious health issues. These veterans didn't make VA claims after being diagnosed with asbestos-related ailments.
A mesothelioma lawyer can help veterans receive VA benefits, like monthly compensation. A lawyer can look over the veteran's medical records to determine their eligibility for compensation.
The amount of compensation awarded will depend on a veteran's level of disability as well as evidence of exposure to asbestos during their military service. A lawyer can help veterans in completing the proper paperwork to prove the connection.
Veterans suffering from mesothelioma due to service are eligible for a monthly payment according to their disability rating. Veterans suffering from non-malignant lung diseases such as asbestosis or pleural plaque are qualified for a smaller amount of payouts. In certain cases, family members of a vet may be eligible to receive compensation.
In addition to the compensation, veterans with mesothelioma can receive free VA medical care and assistance in to pay for their treatment expenses. This support is crucial for families dealing with a mesothelioma diagnosis. The financial assistance a veteran can receive through VA benefits can ease the burden of mesothelioma therapies and allow them to focus on their treatment. A patient with mesothelioma must discuss these options with a lawyer immediately to begin the process of obtaining compensation.
VA Disability Benefits
Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma could be qualified for disability compensation. The VA has a range of programs designed to help disabled veterans. Compensation is based on a person's VA disability rating and how their medical condition affects their daily activities.
A veteran must prove that their illness to be linked to their military service before they are eligible to receive VA disability benefits. This means submitting a written exposure history detailing the dates, times and locations they were exposed to asbestos during their time in the military. The VA must also examine medical records and conduct physical exams that include chest X-rays, lab tests, and lung (pulmonary) function testing.
An experienced mesothelioma lawyer can help veterans with the VA claims process. They can assist in submitting the correct forms and identify the areas of their service-related exposure to asbestos. They can also connect them with medical professionals who can verify the diagnosis and provide evidence of exposure to asbestos in their medical records.
Asbestos sufferers can also file a claim through one or more trusts created by companies that made asbestos-containing products. In order to receive compensation from these trusts, it is different from filing for VA disability benefits. It's a viable option for many people diagnosed with mesothelioma and other asbestos-related illnesses.
A mesothelioma lawyer or asbestosis lawyer can help veterans receive the 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. They may also help you obtain additional financial support through the government, for example aid for homebound and Aid and Attendance benefits.
If a veterans VA mesothelioma classification is cut or denied, they are able to appeal the decision. They can request a Supplemental Claim, request 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 and how appeal to the VA. In some cases it is possible to have a trial held that would result in a verdict from jurors and compensation.
Asbestos Trusts
Asbestos victims can get compensation from trust funds that were set by companies that made use of asbestos-based products. As asbestos manufacturers became aware of the dangers their products could pose to the public, they filed for bankruptcy to reduce their liability. These companies, which were debtors, created asbestos trusts to cover medical expenses of their victims.
When a person seeks compensation from a bankruptcy trustee, they must explain the circumstances of their disease and link it to a specific product. An experienced lawyer with expertise in asbestos law can assist in determining which trust to file a claim against. The lawyer will then assist collect and submit the necessary documents to prove that the symptoms of the asbestos victim are related to a particular company, or product containing asbestos.
The asbestos trust will review the claim and assign a value to the case after asbestos victims have filed it. The trust can utilize a process known as expedited review, which allows cases to be settled quickly with a fixed payout amount. It also can use a procedure known as individual review that examines the evidence in greater detail and may award a larger amount than the expedited review.
Many asbestos trusts may have payment schedules that range from months to years. During this period, the trusts may examine other cases to determine if they should be deemed to be approved or rejected. This can be very frustrating for mesothelioma sufferers, their families and their lawyers.
Many asbestos companies also employ a percentage of payment that reduces the value of a claim. This is done so the asbestos trusts don't run out of money before all victims are compensated.
If asbestos victims do not receive a payout through a bankruptcy trust, they may be able file a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. The litigation process can be expensive and lengthy. Many asbestos victims opt to file a claim through the asbestos trusts instead, particularly when they are diagnosed with mesothelioma, or other asbestos-related illnesses. The best way to receive the highest possible compensation is to work with an experienced attorney.
Compensation Damages
Compensation from asbestos settlements or awards can help victims and their families with expenses like prescription medications, in-home medical care, travel expenses and much more. The calculation of the value of your mesothelioma lawsuit is complicated and highly dependent on your individual circumstances.
Mesothelioma lawyers can utilize their knowledge to help determine the worth of your claim. A mesothelioma lawyer with experience will have a history of submitting thousands of winning asbestos settlements and lawsuits for those affected by mesothelioma or any other asbestos-related diseases.
There are two types of claims: personal injury claims and wrongful deaths. Both seek financial compensation from businesses who exposed asbestos-related victims in a wrong way. A personal injury lawsuit is filed by an injured person and a wrongful death lawsuit is filed on behalf of a victim who has died from an asbestos-related disease such as mesothelioma.
Some mesothelioma cases go through trial, despite the fact that the majority settle. The decision to decide whether to settle or go to trial is based on several factors, including how much evidence the victim's attorney has and the probability that the defendant will lose at trial. In the majority of instances, defendants choose to settle instead of losing a substantial verdict at trial and the negative publicity that may be the result.
A mesothelioma settlement may provide compensation for the monetary value of the suffering and pain of a person in the past and future medical expenses and lost income, in addition to loss of companionship and other losses to the family. Based on the severity of mesothelioma or an asbestos-related illness, compensation may include punitive damages to penalize the defendant and discourage similar behavior in the future.
Asbestos victims are at increased risk of developing an asbestos-related disease particularly veterans. Veterans account for about 30% of mesothelioma cases that are filed each year. The Department of Veterans Affairs aids those who are eligible for treatment for an asbestos-related disease. They provide financial and medical benefits based on the disease severity. To make a VA disability claim, contact the Veterans Affairs Assistance Office in your area or call 1-877-824-6774. The law firm LK has represented thousands asbestos victims and their families. Our lawyers have secured hundreds millions of dollars in settlements and judgments, and are regarded as the top lawyers in the country in mesothelioma lawsuits filed by defendants and insurance companies.