How to Calculate Asbestos Compensation

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

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

Military Service


Patients suffering from asbestos-related illnesses like mesothelioma and cancer could be eligible for compensation from the Department of Veterans Affairs. A mesothelioma lawyer who is experienced in VA claims can help veterans begin the process of compensation.

All military branches used asbestos in the 20th century because of its fireproofing, heat resistance and toughness. However, Navy veterans who spent time on ships were especially susceptible to exposure since asbestos was used frequently in boiler systems and insulation on naval vessels. Air Force veterans who worked on components of aircraft engines like rotors and hydraulics, fuel systems and hydraulic systems were also exposed to asbestos since asbestos was used in these components. Marine Corps veterans stationed in barracks or naval bases could have also been exposed.

Whatever the service branch, many veterans who were exposed to asbestos in the military did not realize that this toxic mineral could cause mesothelioma or other serious health issues. In the end, many veterans did not submit VA claims or seek compensation following an asbestos-related diagnosis.

A mesothelioma lawyer can help veterans receive VA benefits, including monthly compensation. A lawyer can look over the medical records of the patient to determine their admissibility to compensation.

Compensation amounts are determined by the degree of the veteran and proof of asbestos exposure during military service. A lawyer can help veterans file the paperwork necessary to prove this connection.

Veterans with mesothelioma arising from service receive a monthly payment based on their disability rating. Veterans with non-malignant lung conditions like pleural plaque or asbestosis are eligible for smaller amounts. In some cases, the family members of a vet may be eligible to receive compensation.

In addition to compensation for mesothelioma patients, veterans are eligible for free VA medical care and assistance in paying for their treatment costs. This assistance is essential for families dealing with a mesothelioma diagnosis. The financial assistance a veteran receives through VA benefits can alleviate the burden of mesothelioma treatment and let them focus on their treatment. A veteran with mesothelioma needs to discuss his options with an attorney immediately to begin the process of obtaining compensation.

VA Disability Benefits

Veterans who have been diagnosed with asbestos-related illnesses such as mesothelioma might be qualified for disability compensation. The VA offers a variety of programs designed to help disabled veterans. Compensation is based upon the person's VA Disability Rating and how it affects their everyday life.

To qualify for VA disability benefits, a veteran must first prove that their condition is related to their military service. This requires an exposure history that is written out detailing where, when and how they were exposed to asbestos during their time in the military. The VA must also examine medical documentation and perform physical examinations that include chest X-rays, lab tests, and lung (pulmonary) function tests.

Veterans are able to benefit from the help of a mesothelioma lawyer who is experienced during the VA claim process. They can assist them in submitting the correct forms and identify the exact location of their service-related exposure to asbestos. They can also connect the service members to medical professionals who can confirm the diagnosis and provide proof 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 of getting the compensation these trusts provide differs from the VA disability benefits. It's a viable option for a lot of people who have been suffering from mesothelioma and asbestos-related illnesses.

Regardless of which route they choose whether asbestosis or mesothelioma, a lawyer can help veterans get the justice they deserve. Spokane Valley asbestos lawsuits could come in the form of a lump-sum payment or a monthly benefit. They can also help you obtain additional financial support through the government, for example aid for homebound and Aid and Attendance benefits.

Veterans can appeal the decision of a VA mesothelioma ruling which is lowered or denied. They can apply for an Supplemental Claim, request an additional level of review or appeal the decision to a Board of Veterans Appeals or a Veterans Law Judge. An attorney can provide information on the options available and how appeal to the VA. In certain instances it is possible to have a trial conducted that results in a verdict by a jury and compensation.

Asbestos Trusts

Asbestos victims can get compensation from trust funds put by companies that made use of asbestos products. As asbestos manufacturers became more aware of the dangers their products posed to the public and their families, they declared bankruptcy to reduce their liability. These companies that were in debt created asbestos trusts in order to pay medical claims of their victims.

If a person seeks mesothelioma or other asbestos-related disease from an bankruptcy trust, they must disclose the circumstances of their illness and tie it to an asbestos-related product. A lawyer experienced in asbestos law can assist in determining which trust to file a claim against. The lawyer can then help gather and submit the necessary documentation to prove that the asbestos victim's symptoms are a result of a specific company or product that contains asbestos.

The asbestos trust will assess the claim and assign a case value after asbestos victims have submitted it. The trust can use an expedited review, which allows cases to be settled quickly and with a fixed amount of money. It can also use a procedure known as individual review, which analyzes the evidence more thoroughly and may award a larger payout than expedited review.

Many asbestos trusts may have payment schedules that range from months to years. During this period, trusts will look over other cases and may approve or reject them. This can be very frustrating for mesothelioma sufferers, their family members, and their lawyers.

Many asbestos companies also utilize a percentage of payment that reduces the value of an claim. This is to ensure that the asbestos trusts aren't depleted of funds before all victims have been paid.

If asbestos victims do not receive a payment through bankruptcy trusts they might be able to start a lawsuit to sue the asbestos manufacturer who exposed them. However, the process can be long and costly. Many asbestos victims opt to file a claim with the asbestos trusts instead, particularly when they are diagnosed with mesothelioma, or other asbestos-related illnesses. The best way to ensure the highest possible compensation is to work with an experienced attorney.

Compensation Damages

Compensation from asbestos settlements and awards can help victims and their families as well as others with expenses like prescription drugs, home care, travel expenses, and more. However, determining the amount your mesothelioma claim could be worth is complicated and is highly dependent on personal circumstances.

Mesothelioma lawyers can draw on their experience to help determine what your claim is worth. A mesothelioma lawyer with experience will have a history of submitting thousands of winning asbestos lawsuits and settlements for those affected by mesothelioma and other asbestos-related diseases.

There are two kinds of mesothelioma cases: personal injury and wrongful death. Both seek financial compensation from businesses who exposed victims to asbestos in a wrongful manner. A personal injury lawsuit is filed by a person who has been injured and a wrongful death lawsuit is filed on behalf of a person who died due to an asbestos-related illness such as mesothelioma.

While most mesothelioma lawsuits settle but some do go to trial. The decision to decide whether to settle or go to trial is based on several factors, including how much evidence the victim's attorney has and the probability that the defendant will lose at trial. In the majority of instances, defendants opt to settle instead of taking on the possibility of a huge verdict in court and the negative publicity that might result.

A mesothelioma suit can compensate a victim for their pain and suffering as well as medical expenses, loss of income and companionship, as well as other losses to the family. Based on the severity of a person's mesothelioma or another asbestos-related illness, compensation may also include punitive damages meant to punish the defendant and prevent similar behavior in the future.

Asbestos victims are at increased risk of developing an asbestos-related disease, especially veterans. This is why veterans comprise around 30% of mesothelioma claims filed each year. The Department of Veterans Affairs offers financial and healthcare compensation to eligible veterans who have been diagnosed with asbestos-related diseases. Contact the Veterans Affairs Assistance Office located in your region, or call 1-877-824-6774 to file a VA Disability Claim. The law firm of LK has represented thousands of asbestos victims and their families. Our lawyers have secured hundreds of millions in settlements and judgments and are regarded by defendants and insurers as the top national experts in mesothelioma litigation.