Sage Advice About Asbestos Compensation From A Five-Year-Old

How to Calculate Asbestos Compensation

Many families impacted by asbestos lawyers-related diseases need access to compensation. These financial awards can be used to pay for the cost of home care, transportation and other expenses.

An experienced lawyer can assist you in understanding all options available to you and help you decide which type of claim to submit. An attorney can look over your history of work, health and asbestos exposure to prove your claims.

Military Service

Patients suffering from asbestos attorneys-related diseases like mesothelioma and cancer could be eligible for compensation from the Department of Veterans Affairs. A mesothelioma lawyer who is experienced in VA claims can assist a veteran begin the compensation process.

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

No matter what branch of service, many veterans who were exposed to asbestos during the military did not realize that this harmful mineral could cause mesothelioma or other serious health complications. These veterans did not file VA claims after being diagnosed with asbestos-related illnesses.

A mesothelioma attorney can help veterans get VA benefits, including monthly compensation. A lawyer can review the medical records of a veteran and exposure history to determine eligibility for compensation.

Compensation amounts are determined by the level of the veteran and evidence of asbestos exposure during military service. A lawyer can assist a veteran file the paperwork necessary to prove the connection.

Veterans with mesothelioma that is connected to service receive a monthly payout according to their disability rating. Veterans with non-malignant lung conditions such as pleural plaque or asbestosis can receive smaller payouts. In certain instances, family members of a veteran could be eligible for compensation.

Patients diagnosed with mesothelioma might be eligible for free VA healthcare as well as financial assistance to pay for their treatment. This assistance is essential for families who have been diagnosed with mesothelioma. The financial aid a veteran can receive through VA benefits can ease the burden of mesothelioma therapies and allow them to concentrate on their treatment. A person suffering from mesothelioma should to discuss his options with a lawyer immediately to begin the compensation process.

VA Disability Benefits

A veteran who has been diagnosed with an asbestos-related disease like mesothelioma could be eligible for disability compensation. The VA offers a variety of programs that are designed to aid disabled veterans. Compensation is based on a person's VA disability rating and how their health affects their daily lives.

To qualify for VA disability benefits Veterans 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 also needs to review medical records and conduct physical examinations that include chest X-rays, lab tests and lung (pulmonary) function tests.

Veterans can benefit from the assistance of an experienced mesothelioma attorney during the VA claim process. They can help veterans submit the proper forms and identify the locations where they were exposed to asbestos lawyers during their time of service. They can also connect them with medical professionals who can validate the diagnosis and provide proof of exposure to asbestos in their medical records.

Asbestos victims may also file a claim with one or more trusts set up by companies that produce asbestos-containing products. The process of obtaining compensation from these trusts is different than applying for VA disability benefits. However, it is a viable option for many people who have been diagnosed with mesothelioma and other asbestos-related illnesses.

A mesothelioma lawyer or an asbestosis lawyer can assist veterans get the compensation they deserve, no matter which option they select. Compensation may be in the form of a lump-sum payment or a monthly benefit. They can also assist you to get additional financial assistance from the government, for example an allowance for housebound people and Aid and Attendance benefits.

Veterans can appeal an VA mesothelioma ruling that is either denied or reduced. They can appeal the decision by requesting an appeal through Supplemental Claims, requesting an additional level of review or appeal to the Board of Veterans Appeals. An attorney can provide information on the options and ways to appeal to the VA. In some cases it could be accompanied by an appeal that could result in a jury verdict and a settlement.

Asbestos Trusts

Trust funds set up by asbestos-using companies may be used to compensate asbestos victims. When asbestos producers realized the dangers associated with their products and the potential to harm people, a lot of them filed for bankruptcy to limit their liabilities. In the process, these companies who were in debt created asbestos trusts to pay medical claims from their victims.

When a person seeks compensation from a bankruptcy trustee, they must explain the circumstances of their illness and connect it to the specific product. An asbestos lawyer who is knowledgeable of law can assist in determining which trust to file a claim against. Then, the lawyer can help gather and file necessary documents to prove the asbestos-related symptoms of the victim and their connection to a particular company or asbestos-containing product.

The asbestos trust will review the claim and assign a value for the case after asbestos victims have submitted the claim. The trust can use an expedited review process which settles claims with a fixed amount. It also has an individual review that examines the evidence in greater detail and could award a greater amount than the expedited review.

Many asbestos trusts have payment schedules that span between months and years. In this time the trusts will examine other cases to determine whether they should be deemed to be approved or rejected. This can be a source of frustration for mesothelioma patients, their families and their lawyers.

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

If asbestos victims don't receive a payout through bankruptcy trusts, they may be able file a lawsuit to sue the asbestos manufacturer that exposed them. However, the litigation process can be lengthy and costly. Most asbestos victims prefer filing a claim through asbestos trusts, particularly when they've been diagnosed with mesothelioma and other asbestos-related diseases. The best way to receive the highest possible compensation is to work with a knowledgeable attorney.

Compensation Damages

Compensation from asbestos settlements and awards can assist victims and their families as well as others with costs such as prescription drugs, home care travel expenses, and more. However, determining the amount your mesothelioma case may be worth is difficult and highly dependent on your individual circumstances.

Mesothelioma attorneys can use their experience to help determine the value of your claim. A mesothelioma attorney with experience has filed thousands of successful asbestos lawsuit cases and settlements for those who are affected by mesothelioma or other asbestos-related illnesses.

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

Some mesothelioma cases go through trial, despite the fact that the majority settle. The decision to either settle or go to trial is based upon a number of aspects, including the amount of evidence the attorney for the victim has and the probability that the defendant will lose in court. In the majority of instances, defendants choose to settle rather than risk losing a large verdict at trial and the negative publicity that might result.

A mesothelioma settlement may offer compensation for the financial value of the suffering and pain of a person in the past and future medical expenses and lost income, as well as for loss of companionship and other family losses. Depending on the severity mesothelioma or an asbestos lawsuit-related disease, compensation could include punitive damages to punish the defendant and prevent similar behavior in the future.

Veterans are at greater chance of developing an asbestos-related disease. Veterans account for about 30 percent of mesothelioma-related cases reported every year. The Department of Veterans Affairs offers healthcare and financial compensation to veterans who are diagnosed with asbestos-related ailments. Contact the Veterans Affairs Assistance Office located in your area or call 1-877-824-774 to file a VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have recovered hundreds of millions in settlements and judgments and are regarded by defendants as well as insurers as the top national experts in mesothelioma litigation.