Mesothelioma Compensation
After being diagnosed with mesothelioma, patients and families are faced with mounting financial and medical expenses. Compensation can offset these expenses and help patients.
Patients and their families could get compensation through lawsuits or a trust fund or the VA. Compensation can be used to pay for medical treatments and travel expenses, living expenses and other costs.
VA Benefits
Veterans who have been diagnosed with an asbestos-related condition could be eligible for compensation from the Department of Veterans Affairs. These benefits can be used to pay for mesothelioma treatments, and other medical costs. In addition, compensation may be offered to surviving spouses and children of deceased veterans who were exposed to asbestos in the military.
Veterans should hire an experienced VA-accredited mesothelioma lawyer to file their claims for compensation. mesothelioma compensation for family members can ensure that the right forms are completed and that the information is correct. Incorrect forms could lead to delays or even rejection of the claim.
The mesothelioma attorneys at Sokolove Law have helped thousands of veterans get their rightful VA benefits. They provide the payment of monetary compensation for asbestos-related diseases as well as monthly financial payments. Compensation for mesothelioma patients is based on the severity of disability.
Asbestos victims who receive VA compensation must prove that their exposure to asbestos during the military caused their mesothelioma or other asbestos-related condition. This is done by filing an VA disability claim, or mesothelioma lawsuit.
VA claims are complex and require an experienced attorney to submit the claims in a proper manner. A mesothelioma attorney will collaborate with the mesothelioma doctor to gather the required information and complete all VA paperwork. This will include the obtaining of an official medical opinion, also known as a nexus statement, that confirms a link between the veteran's service in the military and mesothelioma.
Patients with mesothelioma are able to get treatment at one of the three VA hospitals that specialize in mesothelioma. They can also request a referral to a mesothelioma expert in the civilian sector from their VA doctor. If a veteran is awarded a mesothelioma VA benefit, they may get treatment outside of the VA system through the Veterans Choice Program.
Many veterans who have been exposed to asbestos are unaware of their right to receive compensation for mesothelioma. Many veterans diagnosed with the disease do not submit a claim due to the fact that they believe it's not worth the trouble. However, it is crucial that a mesothelioma claim be filed because the government provides compensation for those who are diagnosed with an asbestos-related disease.
Asbestos Trust Funds
A mesothelioma lawyer can assist veterans make claims for compensation from asbestos trust funds. Trusts like these were established as part of the bankruptcy process when asbestos-related companies applied for protection from class action lawsuits. They put aside funds for compensation of victims with mesothelioma or lung cancer and other asbestos-related diseases. There are billions of dollars in these trusts.
Each asbestos trust fund has their own policies for filing claims and determining compensation amounts. They typically request evidence of exposure to asbestos as well as confirmation of the diagnosis. Depending on the fund, they might ask for information regarding where and when asbestos was exposed. Mesothelioma lawyers can help patients decide which asbestos trust fund to file a claim with and gather the necessary paperwork for each.
Mesothelioma compensation can help pay medical expenses and cover lost income, and help families maintain their quality of life. It also allows a victim to participate in clinical trials for experimental drugs. Asbestos-related victims can use trust funds to cover the cost of travel, lodging and food during these trials.
The compensation paid by asbestos trusts isn't repaid, so victims can keep the entire amount. They must know that the value of mesothelioma claim is calculated by calculating the percentage of payment. Each asbestos trust has its own schedule for the amount they pay each victim.
After a mesothelioma patient accepts the value of their claim they'll go through a liquidation process. The asbestos trust will issue the patient a check after a few weeks.
Any worker who was exposed to asbestos and then developed mesothelioma or another asbestos-related illness is eligible to claim an asbestos trust fund claim. It is also possible for family members to file on behalf of a loved one who died from mesothelioma. An experienced mesothelioma lawyer will determine the eligibility of the victim, and suggest legal options to compensate them.
Settlements
Mesothelioma patients and their families can receive compensation in two ways: through negotiated settlements made with asbestos manufacturers or by juries' verdicts. Each has pros and cons.
A mesothelioma settlement that is negotiated is an agreement between the lawyer representing the victim and the asbestos company, in which the victim agrees not to file any further claims against the defendant. The lawyer for the victim negotiates a monetary award. Settlements are usually awarded to cover medical expenses that have occurred in the past or to come as well as lost wages and other losses documented as a result of the diagnosis of asbestos-related illnesses such as mesothelioma. Patients with mesothelioma may also be awarded non-economic damages for the physical and mental pain they have suffered due to asbestos exposure.
A mesothelioma lawsuit may be filed while the victim is alive or after their death, depending on the state's law. Mesothelioma patients and their heirs typically have one to three years following the asbestos exposure date to file a lawsuit.
Asbestos lawsuits can be complicated and it is essential for families of victims to find a seasoned mesothelioma lawyer. A skilled mesothelioma attorney can review all the options available and explore the best avenues for compensation.
The attorneys at Weitz & Luxenberg are known for their ability to win huge awards for their clients. The firm was awarded the largest asbestos group verdict in the history of New York with a $190 million judgment on behalf of 36 Brooklyn Navy Yard workers diagnosed with mesothelioma following years of exposure to asbestos.
While a mesothelioma settlement offers an efficient and cost-effective method to get compensation, it is not a guarantee that the victim will receive the amount they wish to. On average, a mesothelioma claim is valued between $1 million and $1.5 million, however it depends on the specifics of each case.
The majority of mesothelioma cases are dealt with by trust funds because of the long time period between asbestos exposure and mesothelioma diagnosis. Asbestos companies who exposed asbestos-related diseases declared bankruptcy and, as part of Chapter 11 bankruptcy protection, they set up trust funds to cover future claims. There is currently more than $30 billion in asbestos trust funds that are available to victims.
Trial Verdicts
A mesothelioma case can result in a judgment or verdict that awards victims of asbestos-related losses. Compensation from settlements or trial verdicts may be used to cover medical expenses, loss of income and future expenses such as health care at home and living expenses. Mesothelioma victims can also receive financial assistance from other sources, like the VA pension or Aid & Attendance benefits.
Mesothelioma lawyers can decide on the best strategy for their clients. This could include the negotiation of a fair mesothelioma settlement or pursuing the case all the way to trial. Settlements without court are usually the fastest and easiest option for mesothelioma patients. A knowledgeable mesothelioma lawyer will ensure that the victim receives a fair and reasonable compensation offer that is in their best interest.
If a defendant does not settle the matter, it will be tried. During the trial, attorneys on both sides gather evidence. The jury and judge will decide whether the defendant is accountable and how much they have to pay and whether punitive damages are to be added to the compensatory award.
Before a trial, many lawsuits settle their mesothelioma claims. The amount of money awarded is contingent on a variety of factors such as the degree of the disease and the victim's life expectancy.
Trial verdicts can also be given for future and past lost income, medical bills unpaid as well as pain and suffering and other expenses incurred by the victim and their family. A mesothelioma lawyer can help victims record all the expenses and losses they have suffered.
Asbestos victims and their families can count on the lawyers at Lanier Law Firm for help making a claim or pursuing lawsuits against companies accountable for their asbestos exposure. The firm has secured billions of dollars in settlements and jury verdicts for victims who suffered injuries due to the negligence of asbestos producers who put profits before the safety of their employees. Lanier Law Firm has offices in New York, California and Washington, DC. Contact the firm today to learn more about what a mesothelioma lawyer could do to assist you with your legal matter.