How to Calculate Asbestos Compensation

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

An experienced lawyer can help you understand all your options and determine which type of claim to submit. A lawyer can examine your work history, health status, and asbestos exposure in order to document your claim.

Military Service

Veterans diagnosed with asbestos-related illnesses like mesothelioma and lung cancer could be eligible for compensation Asbestos through the Department of Veterans Affairs. A mesothelioma lawyer experienced in VA claims can assist veterans begin the process of compensation.

All branches of the military used asbestos during the 20th century because of its heat resistance, fireproofing and durability properties. However, Navy veterans who spent time on ships were especially at risk of exposure because asbestos was used frequently in boiler systems and insulation on naval vessels. Air Force veterans who worked on aircraft engine parts like rotors and fuel systems and hydraulics also were exposed to asbestos because of the material's use in these components. Marine Corps veterans who were stationed at naval bases or barracks could have been exposed to asbestos as well.

Many veterans who were exposed during their service in the military did not realize that this toxic mineral can cause mesothelioma as well as other serious health complications. In the end, many veterans did not submit VA claims or seek compensation following an asbestos-related diagnosis.

A mesothelioma lawyer can assist veterans get VA benefits, such as monthly compensation. A lawyer can examine the medical records of the veteran to determine his or her eligibility for compensation.

The compensation amount awarded depends on the severity of disability and evidence of exposure to asbestos during his military service. A lawyer can help veterans in completing the appropriate paperwork to prove this connection.

Veterans with service-connected mesothelioma receive a monthly payout depending on their disability rating. Veterans with non-malignant lung conditions such as asbestosis or pleural plaque are entitled to smaller payouts. In some cases, the family members of a vet may be eligible for compensation.

In addition to compensation for mesothelioma patients, veterans can receive free VA healthcare and assistance to pay for their treatment expenses. This assistance is essential for families that have been diagnosed with mesothelioma. The financial aid that veterans can get through VA benefits can ease the burden of mesothelioma treatment and allow them to focus on their treatment. A veteran with mesothelioma should discuss these options with a lawyer as soon as they can to begin the compensation process.

VA Disability Benefits

A veteran who has been diagnosed with an asbestos-related disease such as mesothelioma might be eligible for disability compensation. The VA provides a range of programs that aid disabled veterans. Compensation is based on a person's VA Disability Rating and how it affects their everyday life.

To be eligible for VA disability benefits Veterans must first prove that their illness is related to their military service. This requires an exposure history that is written out detailing where, when and how they were exposed to asbestos during their time in the military. The VA also needs to review medical records and conduct physical examinations that include chest X-rays, lab tests and lung (pulmonary) function testing.

An experienced mesothelioma lawyer can assist veterans through the VA claims process. They can help them submit the correct forms and determine the exact location of their service-related exposure to asbestos. They can also connect the service members to medical professionals who can confirm the diagnosis and provide proof in their medical records of asbestos exposure.

Asbestos victims can also make a claim through one or more trusts set up by companies that manufacture asbestos-containing products. The process of getting compensation from these trusts is different from VA disability benefits. It is, however, an option for many people who were diagnosed with mesothelioma and other asbestos-related diseases.

Regardless of which route they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans get the compensation they deserve. Compensation could come in the form of a lump sum payment or a monthly benefit. They can also help you obtain additional financial support through the government, for example a housebound allowance and Aid and Attendance benefits.

If a veteran's VA mesothelioma classification is cut or denied, they are able to appeal the decision. They can request an Supplemental Claim, ask for 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 available and how to appeal to the VA. In some cases it is possible to have a trial conducted that results in a verdict from a jury and compensation for asbestos cancer.

Asbestos Trusts

Trust funds created by asbestos-using companies can compensate asbestos victims. As asbestos producers became aware of the dangers their products posed to people they declared bankruptcy to reduce their liability. These companies that were in debt established asbestos trusts to cover medical expenses of their victims.

When an individual seeks mesothelioma or other asbestos-related disease from an bankruptcy trust, they must be able to describe the circumstances surrounding their condition and link it to the specific asbestos product. A lawyer that is familiar with asbestos law can help in determining which trust to make your claim. The lawyer will then assist collect and submit the necessary documentation to prove that the asbestos compensation lawyers victim's symptoms are related to a particular company or product that contains asbestos.

The asbestos trust will review the claim and assign a value to the case once asbestos compensation lawyers victims have submitted the claim. The trust can utilize an expedited review process, which settles cases with an agreed-upon payout. It can also use a process known as individual review that examines the evidence in greater depth and could award a higher payout than expedited review.

Many asbestos trusts have payment schedules that range between months and years. During this time the trusts will examine other cases to determine whether they should be deemed to be approved or rejected. This can be frustrating for mesothelioma patients as well as their families and attorneys.

Many asbestos companies also utilize a payment percentage that reduces the value of a claim. This is done so the asbestos trusts do not run out of money before all victims are compensated.

If asbestos victims don't receive a payout through bankruptcy trusts they might be able to file a lawsuit to sue the asbestos manufacturer that exposed the asbestos-containing product. However, the litigation process can be long and costly. The majority of asbestos exposure workers compensation victims opt to file a claim with the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or any other asbestos-related illnesses. A lawyer with experience is the best method to receive the maximum amount of compensation.

Compensation Damages

Compensation from asbestos settlements and awards can help victims, their families, and others with costs like prescription drugs, home health as well as travel expenses and more. The calculation of the value of your mesothelioma claim is a complex matter and heavily dependent on your individual circumstances.

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

There are two types of claims: personal injury claims and wrongful deaths. Both seek financial compensation from the companies who exposed victims to asbestos compensation claims in a wrong way. A personal injury lawsuit is brought by a person who has been injured and a wrongful death lawsuit is filed on behalf of a person who died due to an asbestos related illness such as mesothelioma.

Some mesothelioma cases go through trial, Compensation Asbestos despite the fact that most settle. The decision to settle or go to trial is based on a variety of variables which include the amount of evidence the victim's lawyer has as well as the likelihood that the defendant will lose the trial. In the majority of cases, defendants choose to settle instead of taking on the possibility of a huge verdict in court and the possible negative publicity that could be the result.

A mesothelioma lawsuit will compensate the victim for their pain and suffering, medical expenses, lost income and companionship, as well as other losses to the family. Depending on the severity mesothelioma or an asbestos-related disease, compensation could include punitive damages to punish the defendant and deter similar behavior in the future.

Asbestos victims are at increased chance of developing an asbestos-related disease particularly veterans. In turn, veterans account for around 30% of mesothelioma cases that are filed each year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related ailments. To make an VA disability claim make contact with the Veterans Affairs Assistance Office in your area or call 1-877-824-774. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have recovered hundreds of millions in settlements and verdicts, and are recognized by defendants and insurers as national leaders in mesothelioma litigation.