How to Calculate Asbestos Compensation

Many families affected by asbestos-related illnesses require compensation. These financial awards can be used to pay for the cost of home care, transportation, and other expenses.

An experienced attorney can assist you in understanding all options available to you and help you decide what type of claim you should file. An attorney can look over your background, health history and asbestos exposure to document your claims.

Military Service

Veterans with asbestos-related diseases like mesothelioma or lung cancer may be eligible to receive compensation from 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 used asbestos during the 20th century because of its heat resistance, fireproofing and toughness. 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 components such as rotors and hydraulics, fuel systems and hydraulic systems were exposed to asbestos because asbestos related compensation claims was used in these components. Marine Corps veterans who were stationed at naval bases or barracks may have been exposed to asbestos compensation claims (Read the Full Posting) as well.

Many veterans who were exposed during their service in the military did not realize that this toxic mineral could cause mesothelioma, among other health complications. They did not file VA claims after being diagnosed with asbestos-related ailments.

A mesothelioma lawyer with experience can assist veterans in obtaining 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 based on the veteran's level and proof of asbestos exposure during their military service. A lawyer can assist a veteran file the paperwork necessary to prove the connection.

Veterans suffering from mesothelioma due to service are eligible for a monthly payment based on their disability rating. Veterans with non-malignant lung conditions such as pleural plaque or asbestosis may be eligible for smaller amounts. In some instances, a vet's family members could be eligible to receive indemnity and dependency payments.

Patients diagnosed with mesothelioma might be eligible for free VA healthcare as well as financial assistance to help pay for their treatment. This support is crucial for a family dealing with a mesothelioma diagnosis. The financial aid a veteran can receive through VA benefits can alleviate the burden of mesothelioma treatments and allow them to concentrate on their treatment. A veteran with mesothelioma should discuss these options with a legal representative as soon as they can to begin the process of obtaining compensation.

VA Disability Benefits

A veteran diagnosed with an asbestos-related condition like mesothelioma could be eligible for disability compensation. The VA provides a range of programs that aid disabled veterans. Compensation is determined by a person's VA disability rating and how their medical condition affects their daily activities.

To receive VA disability benefits, a veteran must first prove that their illness is related to their military service. This is done by submitting a written account of asbestos exposure, including the time, place and manner in which the veteran was exposed to asbestos during their time in the military. The VA must also look over medical records, and conduct physical examinations that include chest X-rays, laboratory testing and lung function tests.

A mesothelioma lawyer who is experienced can help veterans with the VA claims process. They can assist veterans to fill out the proper forms and determine the areas where they were exposed to asbestos during their service. They can also connect them to medical professionals who can verify the diagnosis and provide proof of exposure to asbestos in their medical records.

Asbestos sufferers can also file a claim through one or more of the trusts established by the companies that produced asbestos-containing products. The process of obtaining compensation from these trusts differs from the VA disability benefits. It is, however, an option for many people who have been diagnosed with mesothelioma and other asbestos illnesses.

A mesothelioma attorney or an asbestosis attorney can help veterans receive the justice they need, regardless of the route they choose. Compensation can be received as a lump sum payment or a monthly benefit. In addition, they can assist with obtaining additional financial assistance from the government in the form of housebound allowance or Aid and Attendance benefits.

Veterans may appeal a VA mesothelioma decision which is lowered or denied. They can appeal the decision by filing a Supplemental Claims, requesting an upper-level review or appeal to a Board of Veterans Appeals. A lawyer can provide the options available and how to file an appeal with the VA. In some cases, a trial could be held, Asbestos Compensation Claims which would result in a verdict by the jury and compensation.

Asbestos Trusts

Asbestos victims can receive compensation from trust funds that were set by companies that made use of asbestos-based products. As asbestos manufacturers were aware of the dangers of their products and how they could cause harm to people, many declared bankruptcy to reduce their liabilities. These debtor companies set up asbestos trusts in order to cover medical expenses of their victims.

When an individual files for mesothelioma or another asbestos-related disease compensation from a bankruptcy trust, they must disclose the circumstances of their condition and link it to the specific asbestos product. A lawyer that is familiar with asbestos law can assist in determining which bankruptcy trust to file your claim with. The lawyer can then help gather and submit the necessary documentation to prove that the symptoms of the asbestos victim are linked to a specific company, or product containing asbestos workers compensation.

Once asbestos victims submit an application an asbestos trust will review it and determine the value of the case. The trust can utilize a process known as expedited review, which allows cases to be settled quickly, with a set amount of payout. It can also use a procedure known as individual review that examines the evidence in greater detail and could award a higher payout than expedited review.

Many asbestos trusts have payment schedules that can take from months to years to finish. During this time, the trusts will look over other cases and may decide to approve or deny them. This can be a frustrating experience for mesothelioma patients, their families and their lawyers.

Many asbestos companies also employ a percentage of payment that reduces the value of the claim. This is so that asbestos trusts don't have to pay out before all victims are paid.

Asbestos sufferers who do not receive a payment from a bankruptcy trust might be in a position to file a lawsuit against the asbestos producer responsible for their exposure. However, the litigation process can be lengthy and expensive. The majority of asbestos victims prefer filing a claim through asbestos trusts, especially when they've been diagnosed with mesothelioma and other asbestos-related illnesses. A lawyer with experience is the best way to get the maximum compensation.

Compensatory Damages

Compensation from asbestos settlements or awards can help victims and their families with expenses like prescription drugs, in-home healthcare, travel expenses, and much more. The process of calculating the value of your mesothelioma claim is complicated and highly dependent on your specific circumstances.

Mesothelioma attorneys can use their knowledge to help determine the worth of your claim. A mesothelioma lawyer who is qualified will have a history of submitting thousands of successful asbestos settlements and lawsuits for those affected by mesothelioma or any other asbestos-related diseases.

There are two types of mesothelioma lawsuits that are wrongful death. Both seek financial compensation from companies that wrongfully exposed victims to asbestos. The difference between them is that a personal injury suit is filed by an individual who has suffered injury and a wrongful death lawsuit is filed on behalf of an individual who died due to asbestos death compensation-related illness, like mesothelioma.

Some mesothelioma cases go to trial, even though most settle. The decision to either settle or go to trial is based upon a number of factors, including the amount of evidence the attorney for the victim has and the probability that the defendant will lose in court. In most cases, defendants choose to settle instead of taking on a large verdict at trial and the possible negative publicity that may be the result.

A mesothelioma suit will compensate the victim for their suffering and pain as well as medical expenses, loss of income and companionship, as as other losses for the family. Depending on the severity a person's mesothelioma or another asbestos-related disease, compensation could include punitive damages to punish the defendant and prevent similar behavior in the future.

Asbestos-related victims are at a higher chance of developing an asbestos-related disease especially veterans. Veterans account for about 30% of mesothelioma cases filed every year. The Department of Veterans Affairs aids eligible veterans diagnosed with an asbestos-related disease and offers financial and medical benefits dependent on the severity of the illness. Contact the Veterans Affairs Assistance Office located in your area or call 1-877-824-774 to file an VA Disability Claim. The law firm LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds millions of dollars in settlements and verdicts and are regarded as the top lawyers in the country in mesothelioma lawsuits filed by insurers and defendants.