Many families of those who have been affected by mesothelioma receive compensation as the result of a mesothelioma court verdict or settlement. Compensation can also be received from asbestos trust funds or the Department of Veterans Affairs.
Mesothelioma lawsuits are usually framed as personal injury suits or wrongful death claims. A mesothelioma lawyer can help you choose the most appropriate type of claim to submit.
VA Benefits
Mesothelioma attorneys work with veterans and families to ensure that they receive compensation for their asbestos related injuries. Compensation can be used to cover medical expenses, lost wages, as well as suffering and pain. Asbestos victims can get benefits from a variety of sources, including asbestos companies liable for the harm as well as trust funds and workers compensation. An experienced mesothelioma lawyer can understand the complex legal system and how it relates to your particular situation.
A mesothelioma lawsuit is filed against the asbestos company that exposed the victim. This type of lawsuit is filed in civil court and the laws that govern this process differ from state to state.
Many asbestos lawsuits are settled outside of court, however there are cases that go to an appeal to a jury. The amount a victim receives is determined by a jury verdict. The severity of the injury, victim's symptoms and the location of the injury are all factors that determine the amount a jury will award.
A mesothelioma lawsuit is not the only way to file a claim for disability through 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.
VA claims are dependent on the level of disability for the veteran and whether or they have dependents. The VA provides a tax-free monthly benefits program that can cover the cost of living for veterans suffering from mesothelioma.
A seasoned VA mesothelioma lawyer can assist veterans and their family members with filing these claims. They can examine the patient's medical records as well as asbestos exposure records and other information to build an argument for compensation. An attorney for mesothelioma can collaborate with the veteran's doctor to get an diagnosis and suggest treatments.
Some of these claims comprise claims against the U.S. Air Force, Navy and Marine Corps. Asbestos exposure is commonplace within these branches of the military, and many past and current personnel were exposed to asbestos during their time in service. Marines for instance typically work on ships or in facilities that contain asbestos. Some veterans may have also been exposed to asbestos during their time at Tinker Air Force Base where private contractors were responsible for housing and buildings that were contaminated by asbestos.
Workers' Compensation
Workers compensation laws in a variety of states permit those diagnosed with asbestos-related illnesses to receive a predetermined amount of compensation. This fixed amount of money will cover medical expenses, lost wages, and other financial losses.
Asbestos victims should consult an experienced mesothelioma attorney to determine if they are qualified for this kind of financial assistance. The Lanier Law Firm's legal team can assist those seeking compensation to the maximum extent possible by identifying multiple sources of exposure.
Additionally, mesothelioma victims and their families may be entitled to bring an asbestos lawsuit against the company for negligence. This process may result in a settlement or trial verdict awarding compensation.
Mesothelioma lawsuit settlements vary by state and individual circumstances, however, the amount a victim receives is contingent on the severity of their condition, the location they were exposed to asbestos, and how long they were exposed for.
If a lawsuit is filed, the defendant named in the suit must either pay a monetary amount or deny the claim and commence the trial process. Mesothelioma lawyers aid patients and their families collect the necessary documentation to support the claims that are submitted.
Mesothelioma litigation usually involves multiple parties and several types of insurance. Victims and their families can also seek financial compensation via an agreement or trust fund or trial verdict.
The amount of compensation the victim will receive is contingent on the severity of their illness, the place they were exposed, how long and how much exposure was, and their level of suffering. The attorneys at Dreyer Boyajian LLP are able to assist clients with filing claims as often as needed.
Asbestos patients should also consider other forms of financial aid for mesothelioma or other asbestos-related diseases, such as disability insurance or supplemental unemployment benefits (SUI). These types of benefits can assist with living expenses. A mesothelioma attorney can also assist mesothelioma patients to determine if they are eligible for Social Security. If mesothelioma patients' legal case is in progress, they should consider filing for workers' compensation.
Trust Funds
All asbestos victims are entitled to full compensation for their losses, including medical expenses, lost wages and pain and suffering. Compensation from asbestos trust funds could assist them in paying these costs. Asbestos trust funds consist of money that were set aside by manufacturers who produced asbestos-containing products. These trust funds were created in the 1980s after companies exposed workers to asbestos and filed for Chapter 11 bankruptcy to avoid liability.
Each trust fund will assign a value to the different types of asbestos-related illnesses, with the more serious diseases being given a higher value. Each trust also has a payment percentage, which is the portion of the total claim they'll pay out. Asbestos lawyers aid victims to file claims involving multiple asbestos trust funds to maximize their compensation.
It is essential to make an asbestos trust fund claim as soon as is possible after diagnosis to ensure compensation is received in time. The timeline varies depending on the circumstances, but most victims receive their payouts within 90-days of filing their claim. Certain victims are eligible for expedited review, which permits them to receive a predetermined amount of compensation determined by the asbestos company's established guidelines.
The average payout from a mesothelioma fund is $1 million or more. The exact amount will depend on the asbestos-related companies involved in each case and the trust's percentage of payment.
Mesothelioma sufferers and their families can also avail additional financial assistance like VA benefits and disability insurance. The compensation from these sources can help the victims and their families pay for treatment-related costs as well as replace income lost and cover living expenses.
Mesothelioma patients and their family members may also bring lawsuits against asbestos-related companies responsible for their exposure. The lawsuits can offer greater compensation than trust fund claims, however it is vital to speak with a mesothelioma attorney about the most appropriate compensation option for your particular situation. The best mesothelioma attorneys are able to explain the intricacies of asbestos trust funds and lawsuits, and devise an effective legal strategy that is likely to result in maximum compensation for each client.
Free Consultation
Mesothelioma lawyers can help determine the extent of exposure to asbestos and help with legal options for compensation. They can also make sure that all paperwork is filed in a timely manner and is in compliance with state laws, also known as statutes of limitations. These deadlines differ by state.
Asbestos victims and their families members may be eligible for compensation under various types of claims. Compensation for mesothelioma is usually resulted from settlements and trusts as well as verdicts. It can be used to help families pay funeral expenses, treatment costs, and other expenses.
Anyone who is who is diagnosed with an asbestos-related disease should work closely with an experienced asbestos attorney to bring a lawsuit against responsible companies. These lawyers can review medical records and asbestos-related employment records to determine the exposure source. They can also help identify the companies that are responsible and determine a mesothelioma case's legal liability.
Lawyers can also assist asbestos victims and their families get other forms of financial assistance. Disability insurance and government-run healthcare programs such as Medicare and Medicaid are two examples. These programs are able to offset mesothelioma costs and other medical expenses, like prescription drug plans.
In some instances, a person 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 companies that manufacture asbestos products accountable for a victim's death. The lawsuits for wrongful death can result in substantial settlements, and often result in an agreement to settle.
Asbestos cases are complex. Lawyers can help their clients prepare for trial and make sure that all the relevant evidence is gathered to prove the asbestos victim's case. They will put together a solid case to maximize damages and get compensation for the family of the victim.
Compensation from a mesothelioma lawsuit will help veterans and family members overcome the financial burdens that come with this illness. Asbestos victims and their family members should always consult a mesothelioma law firm that has an established record of success. 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.
