Many families of mesothelioma patients are awarded compensation via mesothelioma settlements or a trial verdict. Compensation can also be derived from asbestos trust funds or the Department of Veterans Affairs.
Mesothelioma suits are usually filed as personal injury lawsuits or wrongful-death cases. A mesothelioma lawyer can help you choose the most appropriate kind of claim to file.
VA Benefits
Mesothelioma attorneys work with families and veterans to ensure that they receive compensation for their asbestos related injuries. Compensation can be used to pay medical expenses along with lost wages as well as suffering and pain. Asbestos victims may qualify for benefits from several sources, including asbestos-related companies that are liable as well as trust funds and workers' compensation. A mesothelioma attorney with experience will be able to explain the complicated legal system for your case.
A mesothelioma lawsuit is filed against the asbestos company that exposed the victim. This type of lawsuit must be filed in civil court and the laws that govern this procedure differ from state to state.
Many asbestos lawsuits are settled out of court, but there are also cases that make their way to the jury trial. A jury verdict determines the amount the victim will receive. A victim's symptoms, the location and extent of their exposure and the severity of their injury are all factors that determine the amount a juror awards them.
A mesothelioma lawsuit is not the only way to file a claim for disability with the Department of Veterans Affairs. VA disability claims can provide financial assistance and medical treatment for veterans who have been diagnosed with asbestos-related ailments.
There are different types of VA claims, but the majority of them are based on a veteran's level of disability and whether they have dependents. The VA offers a tax-free monthly benefits program that covers the costs of living for a veteran with mesothelioma.
An experienced VA mesothelioma lawyer can assist veterans and their families in submitting these claims. They can examine the patient's medical documents and asbestos exposure history to build a solid compensation case. A mesothelioma attorney can also work with the veteran's doctor to get a diagnosis and recommend treatments.
Some of these claims include claims against the U.S. Air Force, Navy and Marine Corps. Asbestos exposure is common in these military branches as a large number of former and present personnel were exposed to asbestos during their service. Marines for instance, often work on ships or in buildings that contain asbestos. Some veterans may have also had exposure to asbestos when working at Tinker Air Force Base where private contractors were responsible for housing and other facilities that were contaminated with asbestos.
Workers' Compensation
Workers compensation laws in a variety of states permit those diagnosed with asbestos-related illnesses to receive a set amount of compensation. This fixed level of money could be used to pay medical expenses as well as a portion of lost wages, and other financial losses resulting from the illness.
Asbestos victims should speak with an experienced mesothelioma lawyer to determine whether they are qualified for this kind of financial aid. The legal team at Lanier Law Firm can help clients identify the various sources of exposure, and help maximize their compensation.
In addition, mesothelioma patients and their loved ones may be able to bring an asbestos lawsuit against a company for negligence. This process can result in a settlement, or a verdict that provides compensation.
The amount of compensation for mesothelioma cases varies by state, and based on the particular circumstances of the victim. Compensation will be based on the severity and duration of the victim's health condition, and the time and place they were exposed to asbestos.
When a lawsuit is brought and a defendant is named in the suit must either pay a monetary amount or refute the claim and begin the trial process. Mesothelioma lawyers aid patients and their families to gather the necessary documentation to support the claims filed.
Mesothelioma lawsuits typically involve a variety of parties and a variety of insurance. The victims and their family members may also seek financial compensation through trust funds, settlement or trial verdict.
The amount of compensation a victim receives will be dependent on how severe their condition is, the location they were exposed to asbestos, the length and extent of exposure and the severity of their suffering. The lawyers at Dreyer Boyajian LLP can assist clients in filing claims at multiple venues, if needed.
Asbestos sufferers should also think about other sources of financial aid for mesothelioma or other asbestos-related diseases, such as disability insurance or additional unemployment benefits (SUI). These benefits can help pay for living expenses. An attorney for mesothelioma can help mesothelioma sufferers determine if they are eligible for Social Security. If mesothelioma patients' legal case is ongoing, they must also think about filing for workers' compensation.
Trust Funds
Asbestos victims must be compensated for their losses, which include medical expenses, lost income, pain and suffering. Compensation from asbestos trust funds can assist them in paying these costs. Asbestos trust funds are pools of money that were set aside by manufacturers who produced asbestos-containing products. These trust funds were established in the 1980s when companies knowingly exposed workers to the dangerous material and applied for Chapter 11 bankruptcy protection to avoid legal liability in lawsuits.
Typically each trust fund assigns a schedule of value to different kinds of asbestos-related ailments with the more serious conditions being more valuable than other conditions. Each trust is allocated a percentage of the total claim they will pay. Asbestos attorneys help victims maximize their payouts by filing claims through multiple asbestos trust fund.
To ensure that compensation is received in the shortest time possible, it is important to submit a claim to the asbestos trust fund immediately after you've been diagnosed. The timeframe for filing a claim varies depending on the case, but a majority of victims receive compensation within 90 days of submitting their claim. Some victims can qualify for expedited review, which permits them to receive a predetermined amount of compensation that is dependent on the asbestos company's established criteria.
The average mesothelioma payout from a fund is $1 million or higher. The exact amount depends on which asbestos companies are involved in the individual's claim and also the percentage of each trust's payout.
Mesothelioma victims and their families can also benefit from additional financial aid sources including VA benefits and disability insurance. The compensation from these sources can help the victims and their families to pay for medical expenses and replace lost income and pay for living expenses.
Mesothelioma patients as well as their family members may also file lawsuits against asbestos companies responsible for their exposure. Legal actions can offer more comprehensive compensation than trust fund claims, however it is essential to talk with a mesothelioma lawyer regarding the best compensation strategy for each case. The best mesothelioma attorneys can explain the intricacies of asbestos trust funds and lawsuits and develop an effective legal strategy that is most likely to result in maximum compensation for each client.
Free Consultation
Mesothelioma lawyers are able to help determine a person's asbestos exposure and assist with legal options for compensation. They can also make sure that all paperwork is filed properly and in compliance with state laws - also known as statutes of limitations. These deadlines vary by state.
Compensation could be offered to asbestos victims and their families through a variety of claims. Compensation for mesothelioma is typically resulted from settlements, trusts and verdicts. It can assist families in paying for treatment, funeral costs and other costs.
Anyone who has been diagnosed with an asbestos-related disease must work closely with an experienced asbestos lawyer to file a lawsuit against the responsible companies. These lawyers can review medical documents and asbestos-related work histories to trace the source of exposure. They can also help determine which companies are liable and establish a mesothelioma claim's responsibility.
Lawyers can help asbestos victims and family members to get other types of financial assistance. These include disability insurance, as well as government-run health care programs such as Medicare and Medicaid. These programs can help offset mesothelioma costs as well as other medical expenses, like prescription drug plans.
In certain instances an individual diagnosed with an asbestos-related illness may be eligible to receive an award of compensation for wrongful death. This type of claim seeks to hold the companies that make asbestos-related products accountable for the victim's death. The wrongful death lawsuits could result in significant settlements. Most often, a settlement is reached through negotiations.
Asbestos cases can be complicated. Lawyers can assist their clients prepare for trial and make sure all the appropriate evidence is gathered to prove the asbestos victim's case. They will put together a solid case to maximize damages for the victim and obtain compensation for their family.
Veterans and their families can benefit from compensation in mesothelioma cases. This will help them deal with the financial burdens associated from this illness. Asbestos patients and their families should seek out a mesothelioma lawyer that has a proven track record. At Riddle & Brantley Attorneys Gene & Chris Riddle have recovered over $665 million in compensation for asbestos victims. Contact us today to discuss your legal options.