How to Calculate Asbestos Compensation

Many families affected by asbestos-related diseases need access to compensation. These financial awards assist in paying for care at home, transportation and other expenses.

A knowledgeable attorney can assist you in understanding all your options and determine the type of claim you want to file. An attorney can look over the work history as well as the health status, and asbestos illness compensation exposure in order to prove your claim.

Military Service

Patients suffering from asbestos-related diseases such as mesothelioma or lung cancer may be eligible for compensation through the Department of Veterans Affairs. A mesothelioma lawyer who is experienced in VA claims can assist veterans start the compensation process.

All branches of the military used asbestos in the 20th century due to its heat resistance and fireproofing qualities. However, Navy veterans who spent time on ships were particularly vulnerable to exposure due to the fact that asbestos was frequently used in boiler systems and as insulation on naval vessels. 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 utilized in these components. Marine Corps veterans who were stationed at naval bases or in barracks might be exposed too.

No matter what the service branch, many veterans exposed to asbestos in the military didn't realize that this contaminant could cause mesothelioma or other serious health complications. In the end, the veterans did not file VA claims or seek compensation following an asbestos-related diagnosis.

A mesothelioma lawyer can assist veterans receive VA benefits, including monthly compensation. A lawyer can examine the medical records of the patient to determine his or her admissibility to compensation.

The compensation amount awarded depends on the severity of disability and evidence of exposure to asbestos during military service. An attorney can assist veterans in completing the appropriate paperwork to prove this 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 for compensation.

Patients diagnosed with mesothelioma might be eligible to receive free VA healthcare, as well as financial aid to pay for their treatment. This support is crucial for a family who has a mesothelioma diagnosis. Financial aid that veterans can receive from VA benefits can ease the burden of mesothelioma treatments and let them focus on their own treatment. A mesothelioma patient needs to discuss his options with a lawyer as soon as possible to begin the process of obtaining compensation for asbestos exposure.

VA Disability Benefits

A veteran diagnosed with an asbestos-related condition like mesothelioma could be eligible for disability average compensation for asbestosis. The VA has a number of programs designed to assist disabled veterans. Compensation is dependent on a person's VA disability rating and how much compensation do you get for asbestosis their medical condition affects their daily activities.

A veteran must prove that their medical condition is related to their military service prior to being able to receive VA disability benefits. This involves providing a written exposure history detailing the dates, times and locations they were exposed to asbestos during their military career. The VA must also review medical documentation, conduct an examination of the body that includes chest X-rays, lab testing and lung function tests.

An experienced mesothelioma lawyer can assist veterans in the VA claims process. They can assist them in submitting the correct forms and determine the areas of their service-related exposure to asbestos. They can also connect them to medical professionals who can confirm the diagnosis and provide evidence of exposure to asbestos in their medical records.

Asbestos victims may also file a claim through one or more trusts set up by the companies that manufactured asbestos-containing products. The process of obtaining compensation from these trusts differs from VA disability benefits. However, it is a viable option for many patients who have been diagnosed with mesothelioma or any other asbestos-related diseases.

No matter which path they decide to take whether asbestosis or mesothelioma, a lawyer can help veterans obtain the amount of compensation they are entitled to. Compensation can come in the form of a lump sum payment or a regular monthly benefit. In addition, they can help in obtaining financial support from the government through a aid and Attendance benefits.

Veterans can appeal the decision of a VA mesothelioma ruling that is reduced or denied. They can apply for an Supplemental Claim, ask for a higher-level review or asbestos illness compensation appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. An attorney can help explain the options and ways appeal to the VA. In certain cases it is possible to have a trial held that would result in a verdict by the jury and compensation.

Asbestos Trusts

Trust funds created by asbestos-using businesses can be used to pay asbestos victims. After asbestos manufacturers were aware of the dangers associated with their products and the potential to cause harm to people, many filed for bankruptcy to limit their liability. In the process, these debtor companies established asbestos trusts to cover medical claims from their victims.

If a person is seeking compensation from a bankruptcy trustee, they must explain the circumstances of their disease and link it to an specific product. An experienced lawyer with expertise in asbestos law can assist in determining which trust to file a claim with. The lawyer can help collect and submit the necessary evidence to show that the asbestos victim's symptoms are a result of a specific company or product that contains asbestos.

The asbestos trust will review the claim and assign a case value after asbestos victims have submitted the claim. The trust can utilize an expedited review, which allows cases to be settled quickly and with a fixed amount of money. It also has the option of an individual review, which is an even more thorough examination of the evidence and could award a higher payout than offered by expedited review.

Many asbestos trusts have payment schedules that can take months to years to finish. During this time, trusts will be reviewing other cases and may decide to approve or deny them. This can be very frustrating for mesothelioma patients as well as their families and attorneys.

In addition to this, many asbestos companies use a process called payment percentages, which reduces the value of an claim. This is done so the asbestos trusts do not run out of money before all victims are compensated.

Asbestos sufferers who do not get a payout from a bankruptcy trust may be eligible to file a suit against the asbestos manufacturer responsible for their exposure. However, the litigation process can be lengthy and costly. The majority of asbestos victims opt to file a claim with the asbestos trusts instead, especially when they are diagnosed with mesothelioma or other asbestos-related diseases. Employing an experienced attorney is the best way to secure the maximum amount of compensation.

Compensation Damages

Compensation from asbestos settlements or awards could help victims and their families with expenses like prescription drugs, in-home care, travel expenses and more. The calculation of the value of your mesothelioma claim is complicated and highly dependent on your personal circumstances.

Mesothelioma lawyers can leverage their expertise to help determine what your claim is worth. A qualified mesothelioma lawyer will have a track record of submitting thousands of successful asbestos settlements and lawsuits for those affected by mesothelioma and other asbestos-related diseases.

There are two types of claims: personal injury claims and wrongful deaths. Both seek financial compensation from businesses who exposed victims to asbestos in a wrongful manner. A personal injury lawsuit is filed by a victim, while a wrongful-death lawsuit is filed on behalf of a person who has passed away from an asbestos-related disease like mesothelioma.

While the majority of mesothelioma lawsuits settle, some do go to trial. The decision to settle or go to trial is based on several aspects, including the amount of evidence the lawyer for the victim has and the probability that the defendant will lose in court. In the majority of instances, defendants choose to settle instead of losing a substantial judgment at trial and the negative publicity that may result.

A mesothelioma suit can compensate a victim for pain and suffering as well as medical expenses, loss of income and companionship, as well as other losses for the family. The compensation can also include punitive damages, depending on the severity of the mesothelioma illness or other asbestos-related diseases. Punitive damages are designed to deter and punish future similar behavior.

Asbestos sufferers are at greater risk of developing an asbestos-related illness especially veterans. As such, veterans comprise around 30% of mesothelioma claims that are filed every year. The Department of Veterans Affairs aids veterans who are eligible to be diagnosed with an asbestos-related illness and provides healthcare and financial compensation dependent on the severity of the illness. To file an VA disability claim you must 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 family members. 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 by insurers and Asbestos Illness Compensation defendants.