How To Explain Asbestos Compensation To A 5-Year-Old
How to Calculate Asbestos Compensation
Many families affected by asbestos-related illnesses require compensation. These financial awards can be used to pay for home care, transportation and other costs.
A knowledgeable attorney can assist you to understand all options available to you and help you decide the type of claim you want to file. A lawyer can examine your work history as well as the health status and asbestos exposure in order to record your claim.
Military Service
Veterans diagnosed with asbestos-related illnesses like mesothelioma or cancer may be eligible for compensation through the Department of Veterans Affairs. A mesothelioma lawyer experienced in VA claims can assist veterans begin the process of compensation.
All military branches used it during the 20th century because of its fireproofing and heat resistance properties. However, Navy veterans who spent time on ships were especially vulnerable to exposure due to the fact that asbestos was used frequently in boiler systems as well as insulation on naval vessels. Air Force veterans who worked on the components of engines for aircraft like rotors, fuel systems, hydraulics and hydraulic systems were also exposed to asbestos as the material was used in these parts. Marine Corps veterans stationed in barracks or naval bases could also have been exposed.
Many veterans who were exposed to asbestos during their military service did not know that this toxic mineral could cause mesothelioma as well as other serious health complications. As a result, these veterans often did not submit VA claims or seek compensation following an asbestos-related diagnosis.
A mesothelioma lawyer who is qualified can assist veterans to obtain VA benefits, which include monthly compensation. A lawyer can look over the veteran's medical records to determine their admissibility to compensation.
The amount of compensation awarded is contingent on the degree of disability and proof of exposure to asbestos during his military service. A lawyer can assist an individual in completing the proper paperwork to demonstrate this connection.
Veterans with mesothelioma arising from service receive a monthly payment depending on their disability rating. Veterans suffering from non-malignant lung ailments like pleural plaque or asbestosis may be eligible for smaller amounts. In some cases, the family members of a veteran could be eligible to receive compensation.
In addition to compensation, veterans with mesothelioma can receive free VA medical care and assistance in with the cost of their treatment. This is a crucial benefit for a family who has been diagnosed with mesothelioma. The financial aid veterans receive through VA benefits can help alleviate the burden of treatment for mesothelioma 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
A veteran diagnosed with an asbestos-related illness such as mesothelioma might be eligible for disability compensation. The VA has a range of programs designed to assist disabled veterans. Compensation is dependent 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 involves providing a written exposure history detailing the dates, times and locations they were exposed to asbestos during their time in the military. The VA must also examine medical records and conduct physical examinations that include chest X-rays, laboratory tests and lung (pulmonary) function tests.
Huntington Beach asbestos lawyers can benefit from the assistance of an experienced mesothelioma attorney in the VA claim process. They can assist in submitting the correct forms and determine the exact location of their service-related exposure to asbestos. They can also connect them with medical professionals who can validate the diagnosis and provide evidence of exposure to asbestos in their medical records.
Asbestos victims can also make a claim through one or more trusts established by companies that make asbestos-containing products. The process of obtaining compensation from these trusts is different than filing for VA disability benefits. However, it is an option for many people who have been diagnosed with mesothelioma or other asbestos-related illnesses.
No matter which path they choose regardless of the choice, a mesothelioma or asbestosis lawyer can help veterans get the compensation they deserve. Compensation can be received in the form a lump-sum payment or a monthly benefit. In addition, they may assist in obtaining additional financial aid from the government in the form of a aid and Attendance benefits.
Veterans may appeal a VA mesothelioma determination that is either denied or reduced. They can appeal the decision by requesting an appeal through Supplemental Claims, asking for a higher level review or appealing to the Board of Veterans Appeals. An attorney can help explain the options available and how appeal to the VA. In certain instances, a trial could be held that would result in a decision by jurors and compensation.
Asbestos Trusts
Trust funds created by asbestos-using companies can compensate asbestos victims. As asbestos manufacturers became more aware of the dangers their products could pose to the public they declared bankruptcy to limit their liability. These debtor companies created asbestos trusts to cover medical expenses of their victims.
When a person seeks compensation from a bankruptcy trustee they must provide the details of their condition and connect it to the specific product. An experienced lawyer with expertise in asbestos law can assist in determining which trust to file a claim against. The lawyer will then assist gather and submit the necessary evidence to show that the symptoms of an asbestos victim are linked to a specific company or product that contains asbestos.
If asbestos victims submit an application an asbestos trust will examine the claim and assign a value to the case. The trust may use a process known as expedited review, which allows cases to be settled quickly, with a set payout amount. It may also utilize an individual review, which takes a more detailed examination of the evidence and could award a higher payout than offered through expedited review.
Many asbestos trusts have payment schedules which take between months and years. During this time, the trusts will review other cases and may accept or reject them. This can be frustrating to mesothelioma sufferers, their family members, and their lawyers.
Additionally to this, many asbestos companies use a process called payment percentages, which lowers the total value of an claim. This is so that asbestos trusts do not have to pay out before all victims have been paid.
If asbestos victims do not receive a payout through bankruptcy trusts or trust, they could bring a lawsuit against the asbestos manufacturer who exposed the asbestos-containing product. The process of suing can be costly and time-consuming. Many asbestos victims opt to file a claim through the asbestos trusts instead, especially when they are diagnosed with mesothelioma, or other asbestos-related diseases. The best way to get the most lucrative compensation possible is to work with a knowledgeable attorney.
Compensatory Damages
Compensation from asbestos settlements and awards can help victims, their families, and others with costs such as prescription medications, home care travel expenses, and much more. However, calculating how much your mesothelioma lawsuit could be worth is complicated and is highly dependent on personal circumstances.
Mesothelioma lawyers can leverage their experience to help determine what your potential claim is worth. A mesothelioma lawyer who is qualified has a proven track record of filing thousands of successful asbestos settlements and lawsuits for those affected by mesothelioma and other asbestos-related diseases.
There are two types of personal injury claims, and wrongful deaths. Both seek financial awards from companies that wrongfully exposed victims to asbestos. The difference between the two is that a personal injury suit is brought by an injured person and a wrongful-death lawsuit is filed on behalf of an individual who died from an asbestos-related illness, like mesothelioma.
Some mesothelioma cases go through trial, even though most settle. The decision to settle or go to trial is contingent on a variety of factors, including the amount of evidence the lawyer for the victim has and the likelihood that the defendant will lose the trial. In most instances, defendants opt to settle rather than risk a large verdict at trial and the negative publicity that could result.
A mesothelioma lawsuit can compensate a victim for pain and suffering as well as medical expenses, loss of income and companionship, as as other losses for the family. Depending on the severity of mesothelioma, or another asbestos-related disease, compensation can include punitive damages to penalize the defendant and discourage similar behavior in the future.
Veterans are at a higher risk of developing an asbestos-related disease. In turn, veterans comprise around 30% of mesothelioma cases that are that are filed each year. The Department of Veterans Affairs offers healthcare and financial aid to veterans who are diagnosed with asbestos-related illnesses. To make an VA disability claim you must contact 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 secured hundreds of millions of dollars in settlements and verdicts, and are regarded as the top lawyers in the country in mesothelioma lawsuits by insurers and defendants.