How to Calculate Asbestos Compensation

Many families afflicted by asbestos-related diseases require compensation. These financial awards help pay for home care, transportation and other expenses.

An experienced attorney will help you determine the best type of claim for you. A lawyer can examine your history of work, health and asbestos exposure to support your claims.

Military Service

Veterans with asbestos-related diseases like mesothelioma or lung cancer may be eligible for compensation from the Department of Veterans Affairs. An attorney certified by VA for mesothelioma can help veterans begin the process of compensation.

All branches of the military utilized asbestos during the 20th century because of its fireproofing, heat resistance 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 as well as insulation on naval vessels. Air Force veterans who worked with parts of aircraft engines like rotors and fuel systems and hydraulics also were exposed to asbestos because of the material's use in these parts. Marine Corps veterans who were stationed at naval bases or barracks could be exposed too.

Many veterans exposed to asbestos during their military service did not know that this toxic mineral could cause mesothelioma and other serious health complications. As a result, many veterans did not file VA claims or seek compensation following an asbestos-related diagnosis.

A mesothelioma lawyer who is qualified can help veterans obtain VA benefits, including monthly payments. A lawyer can examine the medical records of the veteran to determine his or her admissibility to compensation.

Compensation amounts are determined by the veteran's level and proof of asbestos exposure during military service. An attorney can help a veteran file the paperwork necessary to prove this connection.

Veterans with mesothelioma that is connected to service receive a monthly check depending on their disability rating. Veterans suffering from non-malignant lung diseases like asbestosis or pleural plaque are qualified for a smaller amount of payouts. In some instances, a vet's family members may be eligible to receive indemnity and dependency payments.

Patients with mesothelioma could also be eligible for free VA healthcare, as well as financial assistance to pay for their treatment. This support is vital for families that have been diagnosed with mesothelioma. The financial aid a veteran can receive through VA benefits can alleviate the burden of mesothelioma therapies and let them focus on their treatment. A mesothelioma patient needs to discuss his options with an attorney immediately to begin the process of compensation.

VA Disability Benefits

A veteran diagnosed with an asbestos-related condition such as mesothelioma may qualify for disability compensation. The VA provides a range of programs that aid disabled veterans. Compensation is determined by the individual's VA disability rating and how much compensation do you get for asbestosis their medical condition affects their daily activities.

A veteran must demonstrate their illness to be linked to their military service before they can be eligible for VA disability benefits. This is done by submitting a written account of Asbestos related death compensation exposure detailing the time, place and manner in which the individual was exposed during their military career. The VA also needs to review medical records and conduct a physical exam that includes chest X-rays, lab tests and lung (pulmonary) function tests.

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

Asbestos victims may also make a claim through one or more trusts created by companies that manufacture asbestos-containing products. Obtaining compensation from these trusts is different than applying for VA disability benefits. It is a viable alternative for many who are diagnosed with mesothelioma and other asbestos-related illnesses.

A mesothelioma lawyer or asbestosis lawyer can help veterans get the amount of compensation they deserve, regardless of the option they select. Compensation can be paid in the form a lump-sum payment or a monthly benefit. They can also assist you to receive additional financial support from the government, such as a housebound allowance and Aid and asbestos related death Compensation Attendance benefits.

Veterans can appeal a VA mesothelioma decision that is either denied or reduced. They may appeal the decision by requesting a Supplemental Claims, requesting an additional level of review, or appeal to a Board of Veterans Appeals. An attorney can explain the options and how appeal to the VA. In some cases there is the possibility of a trial being held, which would result in a verdict from the jury and compensation.

Asbestos Trusts

Trust funds created by asbestos-using companies may be used to compensate asbestos victims. As asbestos producers became aware of the dangers their products pose to the public they declared bankruptcy to reduce their liability. In the process, these companies that were in debt set up asbestos cancer compensation trusts to pay medical claims made by their victims.

When a person seeks compensation from a bankruptcy trustee they must describe the causes of their condition and connect it to a specific product. A lawyer that is familiar with asbestos law can assist in determining which trust to make your claim. Then, the lawyer can assist in assembling and filing the necessary documents to prove the asbestos compensation claims-related symptoms of the victim and their connection to a particular company or asbestos-containing product.

If asbestos victims submit an claim an asbestos trust will review it and assign a value to the case. The trust may use the process of expedited review, which settles cases quickly and with a fixed payout amount. It also has a procedure known as individual review that examines the evidence in greater detail and could award a higher amount than the expedited review.

Many asbestos trusts can have payment schedules that span from months to years. During this time the trusts will examine other cases to determine if they should be deemed to be approved or rejected. This can be a frustrating experience for mesothelioma patients, their families and their attorneys.

Additionally there are asbestos companies that have an approach called payment percentages, which reduces the total value of a claim. This is to ensure that asbestos trusts aren't depleted of funds before all victims have been paid.

Asbestos victims who do not receive a payment from a bankruptcy trust might be able to file a lawsuit against the asbestos manufacturer responsible for their exposure. The process of suing is costly and long. The majority of asbestos victims prefer filing claims through asbestos trusts, especially when they've been diagnosed with mesothelioma as well as other asbestos-related diseases. Working with an experienced attorney is the best way to get the maximum compensation.

Compensation Damages

Compensation from asbestos settlements or awards can aid families of victims with expenses such as prescription medications, home healthcare, travel expenses, and more. The process of calculating the value of your mesothelioma lawsuit 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 has a proven track record of submitting thousands of winning asbestos lawsuits and settlements for people affected by mesothelioma and other asbestos-related illnesses.

There are two types of mesothelioma cases: asbestos Related death compensation personal injury and wrongful death. Both seek financial compensation from companies who wrongly exposed victims to asbestos. A personal injury lawsuit is brought by an injured person, while a wrongful-death lawsuit is brought on behalf of a person who has died from an asbestos-related illness like mesothelioma.

Some mesothelioma cases go to trial, despite the fact that the majority settle. The decision to either settle or go to trial is based on several factors, including how much evidence the lawyer for the victim has and the likelihood that the defendant will lose at trial. In most cases, defendant companies choose to settle instead of losing a large verdict at trial and the negative publicity that might be the result.

A mesothelioma suit will compensate the victim for pain and suffering as well as medical expenses, loss of income and companionship, as well as other losses for the family. The compensation can also include punitive damages, based on the severity of mesothelioma disease or other asbestos-related diseases. Punitive damages are designed to punish and deter future similar behavior.

Veterans are at greater chance of developing an asbestos-related disease. In turn, veterans account for around 30% of mesothelioma cases that are filed every year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related diseases. Contact the Veterans Affairs Assistance Office located in your region, or call 1-877-824-6774 to file an VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions of dollars in settlements and judgments, and are recognized as national leaders in mesothelioma litigation brought by insurers and defendants.