How to Calculate Asbestos Compensation

Many families impacted by asbestos-related diseases require access to compensation. These financial awards can be used to pay for at-home care, transportation and other expenses.

An experienced lawyer can help you understand the various options available and decide what type of claim you should file. A lawyer can review your history of work, health and asbestos exposure to document your claims.

Military Service

Patients suffering from asbestos-related illnesses like mesothelioma and cancer may be eligible for compensation For asbestos related lung Disease from the Department of Veterans Affairs. An experienced mesothelioma attorney who has experience in VA claims can assist veterans start the process of obtaining compensation.

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

Many veterans who were exposed during their service in the military didn't realize that this toxic mineral can cause mesothelioma and other serious health complications. In the end, these veterans often did not make VA claims or seek compensation following an asbestos-related diagnosis.

A mesothelioma lawyer with experience can assist veterans in obtaining VA benefits, which include monthly payments. A lawyer can look over the medical records of the patient to determine their eligibility for compensation.

The amount of compensation is determined by the level of the veteran and evidence of asbestos exposure during military service. An attorney can assist an individual in completing the proper paperwork to demonstrate this connection.

Veterans with service-related mesothelioma are eligible for a monthly payment depending on their disability ratings. Veterans suffering from non-malignant lung ailments such as pleural plaque or asbestosis can receive smaller amounts. In certain instances, family members of a vet may be eligible to receive compensation.

In addition to the compensation, veterans with mesothelioma are eligible for free VA healthcare and assistance to pay for their treatment expenses. This is a crucial benefit for a family who has mesothelioma as a diagnosis. Financial aid that veterans can receive through VA benefits can help ease the burden of mesothelioma treatment and allow them to focus on their own treatment. A veteran with mesothelioma should discuss these options with a legal representative as soon as they can to begin the compensation process.

VA Disability Benefits

Veterans who have been diagnosed with asbestos-related illnesses like mesothelioma may be qualified for disability compensation. The VA has a range of programs designed to assist disabled veterans. Compensation is based on the person's VA disability rating and how their condition affects their daily life.

To qualify for VA disability benefits, a veteran must first prove that their illness is related to their military service. This involves providing an exposure history that is written out detailing the dates, times and locations they were exposed to asbestos compensation claims during their military career. The VA must also review medical documentation, perform physical examinations that include chest X rays, lab testing and lung function tests.

Veterans are able to benefit from the help of an experienced mesothelioma attorney during the VA claim process. They can assist in submitting the correct forms and identify the areas of their service-related exposure to asbestos. They can also help them connect with medical professionals who can confirm the diagnosis and provide evidence of exposure to asbestos in their medical records.

Asbestos sufferers can also file a claim with one or more of the trusts set up by the companies that made asbestos-containing products. In order to receive compensation from these trusts, it is different from applying for VA disability benefits. However, it is an option for many patients who have been diagnosed with mesothelioma or any other asbestos illnesses.

A mesothelioma lawyer or asbestosis compensation lawyer can assist veterans receive the compensation they deserve, regardless of the method they choose. Compensation could come in the form of a lump sum payment or an ongoing monthly benefit. They can also help you receive additional financial support from the government, for example aid for homebound and Aid and Attendance benefits.

If a veterans VA mesothelioma rating is reduced or denied, they are able to appeal the decision. They can appeal the decision by requesting a Supplemental Claims, asking for a higher level review or appeal to a Board of Veterans Appeals. A lawyer can provide the options available and how to appeal to the VA. In some cases, this can even include the possibility of a trial which could lead to a jury verdict and a settlement.

Asbestos Trusts

Trust funds set up by asbestos-using companies can compensate asbestos victims. As asbestos producers became aware of the dangers their products could pose to people and their families, they declared bankruptcy to limit their liability. These companies that were in debt set up asbestos trusts in order to cover medical expenses of their victims.

If a person seeks mesothelioma or other asbestos-related disease from a bankruptcy trust, they have to provide the circumstances of their illness and tie it to the specific asbestos product. An experienced lawyer with expertise in asbestos law can help decide which trust to file a claim with. The lawyer can help to gather and submit the required documentation to prove that the symptoms of the asbestos victim are a result of a specific firm, or product that contains asbestos.

When asbestos victims file an claim and the asbestos trust review it and assign a value to the case. The trust can utilize a process known as expedited review, which settles cases quickly with a fixed payout amount. It can also use an individual review, which requires an even more thorough review of the evidence and compensation for asbestos related lung disease may award a higher payout than offered by expedited review.

Many asbestos trusts have payment schedules that range from months to years. During this period trusts can look over other cases to determine if they should be deemed to be approved or rejected. This can be very frustrating for mesothelioma patients, their families and their lawyers.

In addition there are asbestos companies that have an approach called payment percentages, which reduces the total value of a claim. This is done so the asbestos trusts don't be unable to pay their bills before all victims have been paid.

Asbestos victims who don't receive a compensation from a bankruptcy trust may be able to file a lawsuit against the asbestos manufacturer accountable for their exposure. However, the process can be long and costly. The majority of asbestos victims opt to file a claim with the asbestos trusts instead, particularly when they are diagnosed with mesothelioma or other asbestos compensation claims-related illnesses. A lawyer with experience is the best way to secure the maximum amount of compensation.

Compensatory Damages

Compensation from asbestos settlements or awards can aid families of victims with costs such as prescription medications, home care, travel expenses and more. Calculating the value of your mesothelioma lawsuit is complicated and highly dependent on your personal circumstances.

Mesothelioma lawyers can leverage their expertise to help you determine the value of your claim. A qualified mesothelioma lawyer has a proven track record of submitting thousands of successful asbestos lawsuits and settlements for people affected by mesothelioma or other asbestos-related illnesses.

There are two types of mesothelioma lawsuits which include personal injury and wrongful death. Both seek financial compensation for asbestos exposure from the companies who exposed victims to asbestos in a negligent manner. The difference between the two is that a personal injury suit is brought by an injured person and a wrongful death suit is filed on behalf of an individual who died due to asbestos-related disease, such as mesothelioma.

While the majority of mesothelioma lawsuits settle, some do go to trial. The decision of whether to settle or to go to trial is based on a variety of factors which include the amount of evidence that the victim's lawyer has and the probability that the defendant will lose the trial. In most instances, defendants choose to settle rather than risk losing a large judgment at trial and the negative publicity that could follow.

A mesothelioma settlement can offer compensation for the financial value of a person's pain and suffering, 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, based on the severity of the mesothelioma disease or other asbestos-related diseases. Punitive damages are intended to deter and punish future similar conduct.

Asbestos sufferers are at greater risk of developing an asbestos-related disease especially veterans. As such, veterans comprise around 30% of all mesothelioma cases that are that are filed every year. The Department of Veterans Affairs offers healthcare and financial compensation to veterans who are diagnosed with asbestos-related illnesses. To submit 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 of asbestos victims and their families. Our lawyers have recovered hundreds millions of dollars in settlements and judgments, and are regarded as the top lawyers in the country in mesothelioma lawsuits by insurers and defendants.