This Week's Top Stories About Asbestos Compensation

How to Calculate Asbestos Compensation

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

A knowledgeable attorney can help you determine the best type of claim for you. A lawyer can review the work history as well as the health status, and asbestos exposure to document your claim.

Military Service

Veterans who suffer from asbestos-related ailments such as mesothelioma or lung cancer may qualify for compensation through the Department of Veterans Affairs. A VA-certified mesothelioma attorney can help veterans begin the compensation process.

All military branches used it during the 20th century due to its heat resistance and fireproofing characteristics. However, Navy veterans who spent time on ships were particularly at risk of exposure because asbestos was regularly utilized in boiler systems and as insulation on naval vessels. Air Force veterans who worked with parts of aircraft engines like rotors and hydraulics and fuel systems were exposed to asbestos as a result of the use of asbestos lawsuit in these parts. Marine Corps veterans who were stationed at naval bases or barracks may have been exposed as well.

Many veterans exposed to asbestos during their service in the military didn't realize that this contaminant mineral could cause mesothelioma as well as other serious health issues. As a result, the veterans did not make VA claims or seek compensation after an asbestos-related diagnosis.

A qualified mesothelioma lawyer can assist veterans to obtain VA benefits, including monthly compensation. A lawyer can look over the veteran's medical records to determine their eligibility for compensation.

The amount of compensation is determined by the degree of the veteran and proof of asbestos exposure during military service. A lawyer can assist an individual file the paperwork necessary to prove this connection.

Veterans with mesothelioma that is connected to service receive a monthly payment based on their disability rating. Veterans with non-malignant lung conditions like asbestosis or pleural plaque are entitled to smaller payouts. In certain cases family members of a veteran could be eligible to receive indemnity and dependency payments.

In addition to the compensation, veterans with mesothelioma are eligible for free VA medical care and assistance in paying for their treatment costs. This assistance is essential for families that have been diagnosed with mesothelioma. Financial aid that veterans can receive from VA benefits can alleviate the burden of mesothelioma treatments 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 start the compensation process.

VA Disability Benefits

Veterans who have been diagnosed with asbestos-related illnesses like mesothelioma may be eligible for disability compensation. The VA has a number of programs designed to help disabled veterans. Compensation is based upon the individual's VA Disability Rating and how it affects their daily lives.

A veteran must demonstrate their illness to be linked to their military service prior to being able to receive VA disability benefits. This involves providing an exposure record that outlines the dates, times and locations they were exposed to asbestos during their military career. The VA must also examine medical documentation and perform physical exams that include chest X-rays, laboratory tests, and lung (pulmonary) function tests.

A knowledgeable mesothelioma lawyer will help veterans with the VA claims process. They can help them submit the correct forms and identify the areas of their service-related exposure to asbestos. They can also connect the service members to medical professionals that can confirm the diagnosis and provide evidence in their medical records of asbestos exposure.

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

A mesothelioma lawyer or an asbestosis lawyer can help veterans get the compensation they deserve, no matter which option they select. Compensation can be paid in the form of a lump-sum payment or a monthly benefit. Additionally, they could assist in obtaining additional financial aid from the government in the form of aid and Attendance benefits.

If a veterans VA mesothelioma rating is reduced or denied, they can appeal the decision. They can appeal the decision by requesting an appeal under Supplemental Claims, asking for a higher level review or appeal to a Board of Veterans Appeals. An attorney can provide information on the options and ways to appeal to the VA. In some instances, this can even include the possibility of a trial which could result in a verdict by a jury and a settlement.

Asbestos Trusts

Trust funds established by asbestos-using companies may be used to compensate asbestos victims. As asbestos manufacturers were aware of the dangers associated with their products and the potential to harm people, a lot of them filed for bankruptcy to limit their liability. These companies that were in debt established asbestos trusts in order to pay the medical claims of their victims.

If someone is seeking mesothelioma, or any other asbestos-related disease compensation from a bankruptcy trust, they have to provide the circumstances of their illness and tie it to a specific asbestos product. An asbestos lawyer who is knowledgeable of law can help decide which trust to file a claim with. The lawyer will then assist collect and submit the necessary documentation to prove that the symptoms of an asbestos victim are linked to a specific company, or product containing asbestos.

The asbestos trust will review the claim and assign a value to the case once asbestos victims have submitted it. The trust can use the process of expedited review, which settles cases quickly with a fixed amount of payout. It may also utilize an individual review, which requires a more detailed look at the evidence and could award more money than is awarded through expedited review.

Many asbestos trusts may have payment schedules that range from months to years. During this period, the trusts may examine other cases to determine whether they should be accepted or rejected. This can be frustrating to mesothelioma sufferers, their families and lawyers.

In addition to this, many asbestos lawyers companies use the option of paying percentages, which lowers the value of an claim. This is to ensure that asbestos attorney trusts aren't depleted of funds before all victims have been compensated.

Asbestos victims 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 long and expensive. Most asbestos victims choose to file a claim through asbestos trusts, especially if they have been diagnosed with mesothelioma and other asbestos-related diseases. The best way to ensure the highest possible compensation is to work with an experienced lawyer.

Compensation Damages

Compensation from asbestos lawsuits settlements or awards can help victims and their families with expenses such as prescription medications, in-home medical treatment, travel expenses and much more. However, determining how much your mesothelioma case may be worth is difficult and is highly dependent on personal circumstances.

Mesothelioma attorneys can use their expertise to help you determine the value of your claim. A mesothelioma attorney with experience will have successfully argued thousands of asbestos cases and has secured settlements on behalf of those who are affected by mesothelioma and other asbestos-related illnesses.

There are two types of personal injury claims, and the wrongful death. Both seek financial awards from companies who wrongly exposed victims to asbestos. A personal injury lawsuit is brought by a victim in wrongful-death cases, whereas a wrongful-death suit is brought on behalf of a victim who has passed away from an asbestos related illness such as mesothelioma.

While the majority of mesothelioma lawsuits settle however, some go to trial. The decision to settle or go to trial is based on several factors, including how much evidence the victim's attorney has and how likely it is that the defendant will lose at trial. In most cases, defendant companies choose to settle instead of losing a substantial verdict at trial and the negative publicity that might result.

A mesothelioma lawsuit can provide compensation for the monetary value of the person's suffering and pain as well as future and past medical expenses and lost income, as well as for loss of companionship and other losses to the family. Based on the severity of mesothelioma, or another asbestos-related disease, compensation can also include punitive damages meant to punish the defendant and prevent similar behavior in the future.

Asbestos-related victims are at a higher risk of developing an asbestos-related illness, especially veterans. Veterans account for around 30% of mesothelioma cases filed every year. The Department of Veterans Affairs aids veterans who are eligible to be diagnosed with an asbestos-related disease and offers healthcare and financial compensation dependent on the severity of the illness. To make a VA disability claim, contact the Veterans Affairs Assistance Office in your area or call 1-877-824-774. The law firm LK has represented thousands asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and judgments and are recognized by defendants and insurers as national leaders in mesothelioma litigation.