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 costs.

An experienced lawyer can help you understand the various options available and decide the type of claim you want to file. A lawyer can examine your background, health history and asbestos exposure to prove your claims.

Military Service

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

All branches of the military utilized asbestos in the 20th century because of its fireproofing, heat resistance and durability properties. However, Navy veterans who spent time on ships were especially vulnerable to exposure due to the fact that asbestos was used frequently in boiler systems as well as insulation on naval vessels. 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 as the material was used in these parts. Marine Corps veterans who were stationed at naval bases or barracks might have been exposed to asbestos as well.

Whatever the service branch, many veterans who were exposed to asbestos in the military did not realize that this toxic mineral could cause mesothelioma or other serious health issues. In the end, the veterans did not file VA claims or seek compensation after an asbestos-related diagnosis.

A mesothelioma lawyer can assist veterans get VA benefits, including monthly compensation. A lawyer can look over the medical records of the veteran to determine their eligibility for compensation.

The amount of compensation is determined by the veteran's level and proof of asbestos exposure during their military service. An attorney can assist a veteran in filing the appropriate paperwork to prove the connection.

Veterans with service-related mesothelioma are eligible for a monthly payment depending on their disability ratings. Veterans with non-malignant lung conditions such as pleural plaques or asbestosis are eligible for smaller payments. In certain instances, family members of a vet may be eligible for compensation.

Patients with mesothelioma could also be eligible to receive free VA healthcare, as well as financial aid to pay for their treatment. This assistance is essential for a family who has been diagnosed with mesothelioma. The financial aid veterans receive through VA benefits can alleviate the burden of mesothelioma treatments and allow them to concentrate on their own treatment. A patient with mesothelioma must discuss these options with a legal representative as soon as possible to begin the compensation process.

VA Disability Benefits

Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma could be qualified for disability benefits. The VA offers a variety of programs to help disabled veterans. Compensation is based on a 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 due to their military service. This requires an exposure history that is written out detailing the time, place and manner in which they were exposed to asbestos during their time in the military. The VA must also examine medical documentation, conduct an examination of the body that includes chest X-rays, laboratory testing and lung function tests.

Veterans are able to take advantage of the assistance of a mesothelioma lawyer who is experienced during the VA claim process. They can assist in submitting the correct forms and identify the areas of their service-related exposure to asbestos. They can also help connect service members to medical professionals who can confirm the diagnosis and provide evidence in their medical records of asbestos exposure.

Asbestos victims can also file a claim with one or more trusts established by companies that manufacture asbestos-containing products. The process of obtaining compensation from these trusts is different than applying for VA disability benefits. It's an option for many who are who have mesothelioma or other asbestos-related diseases.

A mesothelioma lawyer or an asbestosis attorney can help veterans receive the amount of compensation they need, regardless of the route they choose. Compensation can be paid as a lump sum payment or a monthly benefit. In addition, they can help in obtaining financial aid from the government in the form of housebound allowance or Aid and Attendance benefits.

Veterans may appeal an VA mesothelioma decision that is either denied or reduced. They can apply for 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 to appeal to the VA. In certain instances, a trial could be conducted that results in a decision by the jury and compensation.

Asbestos Trusts

Trust funds established by asbestos-using companies may be used to compensate asbestos victims. As asbestos manufacturers became aware of the dangers associated with their products and how they could harm people, many filed for bankruptcy to limit their liabilities. These companies that were in debt set up asbestos trusts in order to pay 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 a specific product. An asbestos lawyers lawyer (Full Review) who is knowledgeable of law can help determine which trust to file a claim against. The lawyer can help gather and file necessary documents to prove the asbestos victim's symptoms as well as their link to a specific company or asbestos lawsuit-containing product.

If asbestos victims submit an claim, the asbestos trust will examine the claim and assign a value to the case. The trust may use the process of expedited review, which allows cases to be settled quickly and with a fixed amount of money. It can also use a procedure known as individual review which examines the evidence in greater detail and may award a larger payout than expedited review.

Many asbestos trusts have payment plans that can take months to years to complete. In this time, the trusts may examine other cases to determine if they should be accepted or rejected. This can be frustrating to mesothelioma patients, their families and lawyers.

In addition to this, many asbestos companies use a process called payment percentages, which reduces the value of a claim. This is so that asbestos trusts do not be unable to pay their bills before all victims are compensated.

If asbestos victims don't receive a payout through a bankruptcy trust, they may be able start a lawsuit to sue the asbestos manufacturer who exposed the asbestos-containing product. The process of suing can be expensive and lengthy. Most asbestos victims choose to file a claim through the asbestos trusts, particularly when they are diagnosed with mesothelioma or any other asbestos-related diseases. Working with an experienced attorney is the best way to get the maximum amount of compensation.

Compensation Damages

Compensation from asbestos settlements or awards can help victims and their families with costs such as prescription medications, in-home medical treatment, travel expenses and much more. However, determining the amount your mesothelioma case may be worth is difficult and highly dependent on individual circumstances.

Mesothelioma lawyers can draw on their experience to help you determine what your potential claim is worth. An experienced mesothelioma lawyer will have successfully argued thousands of asbestos cases and settlements on behalf of those who are affected by mesothelioma, or other asbestos-related illnesses.

There are two kinds: personal injury claims and the wrongful death. Both seek financial compensation from businesses who exposed victims to asbestos in a negligent manner. A personal injury lawsuit is filed by an injured person and a wrongful death lawsuit is filed on behalf of a victim who died due to an asbestos-related illness such as mesothelioma.

While the majority of mesothelioma lawsuits settle but some do go to trial. The decision to decide whether to settle or go to trial is based on a variety of aspects, including the amount of evidence the lawyer for the victim has and how likely it is that the defendant will lose at trial. In the majority of instances, defendants choose to settle rather than risk an enormous verdict at trial and the possible negative publicity that might follow.

A mesothelioma settlement may offer compensation for the financial value of the person's suffering and pain as well as future and past medical expenses and income loss, as well as for loss of companionship and other family losses. Compensation can include punitive damages based on the severity of the mesothelioma illness or other asbestos attorneys-related diseases. Punitive damages are intended to deter and punish future similar behavior.

Veterans are at a higher chance of contracting an asbestos-related illness. As such, veterans account for around 30% of all mesothelioma lawsuits submitted every year. The Department of Veterans Affairs offers healthcare and financial compensation to eligible veterans who have been diagnosed with asbestos-related illnesses. To make an VA disability claim make contact with the Veterans Affairs Assistance Office in your area, or call 1-877-824-6774. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and verdicts, and are regarded by defendants as well as insurers as the top national experts in mesothelioma litigation.