How to Calculate Asbestos Compensation

Many families who are affected by asbestos-related illnesses need access to compensation. These financial awards can be used to cover home care, transportation, and other expenses.

An experienced attorney will help you determine the best kind of claim for you. A lawyer can examine your background, health history and asbestos exposure to document your claims.

Military Service

Patients suffering from asbestos-related diseases like mesothelioma and lung cancer may be eligible for Compensation For Asbestos-Related Lung Cancer through the Department of Veterans Affairs. An experienced mesothelioma attorney who has experience in VA claims can assist a veteran begin the process of compensation.

All branches of the military utilized it during the 20th century because of its fireproofing and heat resistance properties. Navy veterans who worked on ships were at greater risk of exposure to asbestos, as asbestos was used in boiler systems and insulation. Air Force veterans who worked on components of aircraft engines like rotors, hydraulics, fuel systems and hydraulic systems were also exposed to asbestos as the material was used in these components. Marine Corps veterans stationed in naval bases or barracks could have also been exposed.

Whatever the service branch, many veterans who were exposed to asbestos during the military did not realize that this contaminant can cause mesothelioma and other serious health complications. This is why 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 review a veteran's medical records and exposure history to determine whether they qualify for compensation.

Compensation amounts are determined based on the veteran's level and proof of asbestos exposure during military service. A lawyer can help veterans in completing the proper paperwork to prove this connection.

Veterans with mesothelioma that is connected to service receive a monthly payment depending on their disability rating. Veterans with non-malignant lung conditions such as asbestosis or pleural plaque are entitled to smaller payouts. In some instances the family members of a vet may be eligible to receive indemnity and dependency payments.

Patients diagnosed with mesothelioma might be eligible for free VA healthcare, and financial aid to pay for their treatment. This support is vital 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 let them focus on their own treatment. A veteran with mesothelioma should discuss these options with a lawyer immediately to start the compensation process.

VA Disability Benefits

Veterans who have been diagnosed with asbestos-related diseases such as mesothelioma might be qualified for disability benefits. The VA has a range of programs designed to help disabled veterans. Compensation is determined by a person's VA Disability Rating and how it affects their daily life.

A veteran must demonstrate their illness is linked to their military service prior to being able to receive VA disability benefits. This involves providing an exposure record that outlines where, when and compensation for Asbestos-related Lung Cancer how they were exposed to asbestos during their military career. The VA must also look over medical documentation, perform an examination of the body that includes chest X-rays, lab testing and lung function tests.

A knowledgeable mesothelioma lawyer will assist veterans through the VA claims process. They can assist in submitting the correct forms and identify the exact location of their service-related exposure to asbestos. They can also help them connect with medical professionals who can validate the diagnosis and provide evidence of asbestos exposure in their medical records.

Asbestos victims may also claim compensation through one or more of the trusts created by companies that made asbestos-containing products. Obtaining compensation from these trusts is different from applying for VA disability benefits. It is, however, an option for many people who have been 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 in the form of a lump-sum payment or a monthly benefit. In addition, they can assist in obtaining additional financial assistance from the government through a housebound allowance or Aid and Attendance benefits.

Veterans may appeal a VA mesothelioma ruling that is reduced or denied. They can request a Supplemental Claim, ask for an appeal to a higher-level review, or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. An attorney can help explain the options and how appeal to the VA. In some cases there is the possibility of a trial being held, which would result in a decision by jurors 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 their products could pose to people they filed for bankruptcy to limit their liability. These debtor companies set up asbestos compensation payouts trusts in order to pay medical claims of their victims.

When a person seeks compensation from a bankruptcy trustee they must provide the details of their illness and connect it to a specific product. A lawyer who is knowledgeable with asbestos law can assist in determining which bankruptcy trust to file your claim with. 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 specific company or asbestos-containing product.

Once asbestos compensation lawyers victims submit an claim and the asbestos trust 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 that examines the evidence in greater detail and could award a greater amount than the expedited review.

Many asbestos trusts may have payment schedules that span between months and years. During this time, trusts will look over other cases and may accept or reject them. This can be frustrating to mesothelioma sufferers, their family members and lawyers.

Many asbestos compensation lawyers companies also utilize a payment percentage that reduces the value of an claim. This is done so the asbestos trusts don't be unable to pay their bills before all victims are paid.

Asbestos victims who do not receive a compensation from a bankruptcy trust might be able to file a lawsuit against the asbestos producer responsible for their exposure. The litigation process can be expensive and lengthy. The majority of asbestos victims opt to file a claim with the asbestos trusts, particularly when they are diagnosed with mesothelioma, or other asbestos-related illnesses. Working with an experienced attorney is the best way to secure the most compensation.

Compensation Damages

Compensation from asbestos settlements or awards could help victims and their families with expenses like prescription medications, home treatment, travel expenses and much more. However, calculating how much your mesothelioma case may be worth is a complicated task and is highly dependent on personal circumstances.

Mesothelioma lawyers can utilize their experience to help determine the worth of your claim. A mesothelioma lawyer who is qualified has a proven track record of submitting thousands of winning asbestos lawsuits and settlements for people affected by mesothelioma or other asbestos-related illnesses.

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

Certain mesothelioma cases go to trial, even though most settle. The decision to settle or to go to trial is based on a variety of factors such as the amount of evidence that the lawyer representing the victim has and the likelihood that the defendant will lose the trial. In most cases, defendants choose to settle instead of taking on an enormous verdict at trial and the possible negative publicity that may follow.

A mesothelioma settlement may provide compensation for the monetary value of the suffering and pain of a person, past and future medical expenses and lost income and also for the loss of companionship and other family losses. The compensation can also include punitive damages, depending on the severity of mesothelioma illness or other asbestos-related diseases. Punitive damages are designed to penalize and discourage similar behavior.

Veterans are at greater chance of developing an asbestos-related ailment. This is why veterans make up about 30% of all mesothelioma cases that are that are filed every year. The Department of Veterans Affairs aids eligible veterans diagnosed with an asbestos-related illness and provides financial and medical benefits based on the disease severity. To file a VA disability claim make contact with 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 of millions in settlements and verdicts and are regarded by defendants as well as insurers as leaders in national mesothelioma litigation.