The No. 1 Question Everyone Working In Asbestos Compensation Needs To Know How To Answer
How to Calculate Asbestos Compensation Many families afflicted by asbestos-related diseases require compensation. These financial awards can be used to pay for home care and transportation, as well as other costs. An experienced attorney can assist you to understand all your options and determine the type of claim you want to submit. A lawyer can examine your work history, health and asbestos exposure to support your claims. Military Service Patients suffering from asbestos-related diseases such as mesothelioma or lung cancer may be eligible for compensation through the Department of Veterans Affairs. An experienced mesothelioma attorney who has experience in VA claims can help veterans start the compensation process. Apple Valley asbestos attorneys of the military utilized asbestos during the 20th century due to its insulation, heat resistance and durability qualities. However, Navy veterans who spent time on ships were particularly vulnerable to exposure due to the fact that asbestos was regularly utilized in boiler systems and insulation on naval vessels. Air Force veterans who worked with parts of aircraft engines such as rotors, hydraulics and fuel systems were exposed to asbestos because of the use of asbestos in these parts. Marine Corps veterans who were stationed at naval bases or barracks might have been exposed to asbestos as well. Whatever the branch of service, a lot of veterans who were exposed to asbestos in the military didn't realize that this toxic mineral could lead to mesothelioma or serious health issues. These veterans did not submit VA claims after being diagnosed with asbestos-related illnesses. A mesothelioma lawyer can assist veterans get 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 veteran's level and proof of asbestos exposure during their military service. A lawyer can help a veteran in filing the appropriate paperwork to prove this connection. Veterans with mesothelioma arising from service receive a monthly check according to their disability rating. Veterans who suffer from non-malignant lung diseases such as pleural plaques or asbestosis are eligible for smaller payouts. In some instances the family members of a vet may be eligible for indemnity and dependency compensation. In addition to compensation, veterans with mesothelioma can receive free VA medical care and assistance in paying for their treatment costs. This assistance is essential for families dealing with mesothelioma-related diagnosis. The financial aid veterans get from VA benefits can help ease the burden of mesothelioma treatments and allow them to concentrate on their own treatment. A mesothelioma patient needs to discuss his options with an attorney as soon as possible to begin the process of obtaining compensation. VA Disability Benefits A veteran who has been diagnosed with an asbestos-related illness like mesothelioma could be eligible for disability compensation. The VA has a number of programs designed to help disabled veterans. Compensation is dependent on the person's VA disability rating and how their health affects their daily lives. To receive VA disability benefits veterans must first prove that their illness is linked to their military service. This means submitting a written exposure history detailing where, when and how they were exposed to asbestos during their time in the military. The VA must also review medical documentation, conduct a physical examination that includes chest X-rays, lab testing and lung function tests. A knowledgeable mesothelioma lawyer will assist veterans through the VA claims process. They can assist in submitting the correct forms and identify the locations of their service-based exposure to asbestos. They can also help connect service members to medical professionals that can confirm the diagnosis and provide proof in their medical records of asbestos exposure. Asbestos victims may also file a claim through one or more trusts established by the companies that manufactured asbestos-containing products. The process for obtaining the compensation these trusts provide differs from the VA disability benefits. It's a viable option for many who are diagnosed with mesothelioma and other asbestos-related illnesses. A mesothelioma lawyer or an asbestosis lawyer can help veterans get the compensation they deserve, regardless of the option they select. Compensation could come in the form of a lump-sum payment or a monthly benefit. They can also assist you to obtain additional financial support through the government, like a housebound allowance and Aid and Attendance benefits. If a veteran's VA mesothelioma rating is reduced or denied, they may appeal the decision. They can request a Supplemental Claim, request an appeal to a higher-level review, or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. A lawyer can help explain the options available and how to appeal to the VA. In certain cases, a trial could be held that would result in a verdict by the jury and compensation. Asbestos Trusts Trust funds established by asbestos-using companies may be used to compensate asbestos victims. As asbestos manufacturers became more aware of the dangers their products posed to people they filed for bankruptcy to reduce their liability. These companies, which were debtors, established asbestos trusts to cover medical expenses of their victims. If a person files for mesothelioma or another asbestos-related disease, compensation from an bankruptcy trust, they have to provide the circumstances of their illness and tie it to a specific asbestos product. A lawyer experienced in asbestos law can assist in determining which trust to file a claim with. The lawyer can help gather and file necessary documentation to prove the asbestos victim's symptoms and their link to a specific company or asbestos-containing product. If asbestos victims submit a claim an asbestos trust will review it and assign a value to the case. The trust may use a process known as expedited review, which settles cases quickly, with a set payout amount. It can also use an individual review, which requires a more detailed review of the evidence and may award a higher payout than offered by expedited review. Many asbestos trusts have payment schedules which can take anywhere from months to years to finish. During this time, the trusts will be reviewing other cases and decide whether to accept or reject them. This can be a frustrating experience for mesothelioma patients as well as their families and lawyers. In addition, many asbestos companies have an approach called payment percentages, which lowers the value of a claim. This is to ensure that the asbestos trusts don't run out of funds before all victims have been paid. Asbestos sufferers who do not get a payout from a bankruptcy trust may be able to file a lawsuit against the asbestos manufacturer accountable for their exposure. However, the process can be lengthy and costly. Most asbestos victims choose to file a claim through asbestos trusts, particularly those who have been diagnosed with mesothelioma or other asbestos-related diseases. A lawyer with experience is the best way to get the most compensation. Compensatory Damages Compensation from asbestos settlements and awards could help victims and their families as well as others with costs such as prescription medications, home care, travel expenses, and much more. The process of calculating the value of your mesothelioma lawsuit is a complex matter and heavily dependent on your personal circumstances. Mesothelioma lawyers can leverage their knowledge to help determine the worth of your claim. A mesothelioma lawyer who is qualified will have a history of filing thousands of successful asbestos settlements and lawsuits for those affected by mesothelioma or other asbestos-related illnesses. There are two kinds: personal injury claims and wrongful deaths. Both seek financial compensation from businesses who exposed victims to asbestos in a negligent manner. 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 an individual who died from an asbestos-related illness, like mesothelioma. Some mesothelioma cases go to trial, despite the fact that most settle. The decision to decide whether to settle or go to trial is based upon a number of factors, including how much evidence the victim's attorney has and how likely it is that the defendant will lose at trial. In the majority of instances, defendants choose to settle instead of losing a substantial judgment in trial and the negative publicity that could result. A mesothelioma settlement can provide compensation for the monetary value of the suffering and pain of a person in the past and future medical expenses and income loss, in addition to loss of companionship and other losses in the family. Based on the severity of mesothelioma or an asbestos-related disease, compensation could be accompanied by punitive damages to penalize the defendant and discourage similar conduct in the future. Veterans are at a greater chance of developing an asbestos-related disease. As such, veterans make up about 30% of mesothelioma lawsuits submitted each year. The Department of Veterans Affairs aids veterans who are eligible to be diagnosed with an asbestos-related disease. They provide healthcare and financial compensation according to the severity of the disease. To submit a VA disability claim, contact the Veterans Affairs Assistance Office in your area or call 1-877-824-6774. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and verdicts and are recognized by defendants and insurers as the top national experts in mesothelioma litigation.