Mesothelioma Compensation
Patients and their families are faced with rising medical costs and financial burdens following a mesothelioma diagnosis. Compensation can help offset these expenses and help victims.
Patients and their families can receive compensation through lawsuits, a trust fund, or the VA. Compensation can be used to pay for medical expenses, travel, living costs, and other costs.
VA Benefits
Veterans who have been diagnosed with asbestos-related illnesses could be eligible for compensation from the Department of Veterans Affairs. These benefits can be used to pay for mesothelioma treatment in addition to other medical costs. Also, compensation can be granted to survivors of spouses and children of deceased veterans who were exposed to asbestos in the military.
Veterans should employ a seasoned mesothelioma lawyer accredited by the VA to file their claims for compensation. A lawyer can ensure that the correct forms are completed and that the information is accurate. Incorrect forms could lead to a delay or even rejection of the claim.
Sokolove Law's mesothelioma lawyers have helped thousands veterans receive their VA benefits. These include financial compensation for asbestos-related illnesses as well as monthly financial payments. Compensation for mesothelioma victims is determined by their disability level.
Asbestos victims who receive VA compensation must prove that exposure to asbestos during the military triggered mesothelioma, or any other asbestos-related illness. This can be done by filing a VA mesothelioma claim or disability lawsuit.
VA claims are complicated and require an experienced attorney to file the claims in a proper manner. A mesothelioma attorney will work with a mesothelioma doctor to gather all the necessary details and complete all VA paperwork. This will include obtaining an official medical opinion, known as a nexus statement which confirms the connection between the veteran's military service and mesothelioma.
Veterans suffering from mesothelioma could be treated at any of three VA hospitals that are mesothelioma specialists. They can also ask for an appointment with mesothelioma experts in the civilian field from their VA doctor. If a veteran receives mesothelioma VA benefit, they are able to receive care outside the VA system through the Veterans Choice Program.
Many asbestos-exposed veterans do not know that they have the right to mesothelioma compensation. Many veterans diagnosed with this cancer do not make a claim as they believe it's not worth the effort. It is important to file a mesothelioma lawsuit because the government compensates those who are diagnosed with asbestos-related diseases.
Asbestos Trust Funds
A mesothelioma lawyer can help veterans claim compensation from asbestos trust funds. These trusts were established as part of the bankruptcy process when asbestos-related businesses filed for protection from class-action suits. They set aside funds to compensate victims of mesothelioma and lung cancer, and other asbestos-related diseases. There are billions of dollars in these trusts.
Every asbestos trust fund has its own guidelines for filing and determining the amount of compensation. They typically require evidence of exposure to asbestos and confirmation of a diagnosis. Depending on the trust, they may also request information on the location and time when exposure to asbestos occurred. Mesothelioma lawyers can help patients decide which asbestos trust fund they should file a claim with, and gather all necessary documents.
Compensation for mesothelioma could help a family pay medical expenses and replace income lost while preserving their standard of life. It can also enable the victim to participate in clinical trials of experimental treatments. Asbestos sufferers can make use of trust fund money to cover the cost of transportation, lodging and meals during these trials.
Compensation from asbestos trusts do not require payment back, meaning that a victim is able to keep all the compensation they receive. However it is important to know that the value of a mesothelioma claim is calculated on the basis of rates called payment percentages, and each asbestos trust has its own schedule of what it pays each victim.
Once a mesothelioma patient has accepted the value of their claim they'll undergo a liquidation procedure. This typically takes a few months and the patient will then receive a check from the asbestos trust.
Workers who were exposed asbestos and later diagnosed with mesothelioma or another asbestos-related illness, are able to make a claim to the asbestos trust fund. Families may also file a claim on behalf of a loved ones who has died from mesothelioma. A top mesothelioma attorney can examine the victim's eligibility and offer legal options to compensate them.
Settlements
Mesothelioma patients and their families may receive compensation in two main ways: through asbestos mesothelioma compensation negotiated settlements made with asbestos manufacturers, or through jury verdicts. Each has pros and cons.
A negotiated settlement for mesothelioma is an agreement reached between the attorney representing the victim and the asbestos company, where the victim agrees not to file any future claims against the defendant. The lawyer of the victim negotiates a monetary award. Settlements are usually awarded to cover the past and future medical expenses or lost wages, as well as other losses that are documented in connection with the diagnosis of mesothelioma, or another asbestos-related disease. Patients with mesothelioma may also be awarded non-economic damages in recognition of the physical and mental pain they have suffered due to asbestos exposure.
Depending on the state law, a mesothelioma suit may be filed while the victim is alive or after they have passed away. Mesothelioma patients or their heirs typically have one to three years to file a mesothelioma lawsuit following the date of asbestos exposure.
It is essential that the victims or their families hire an skilled asbestos lawyer. A mesothelioma lawyer can help you explore all your options and determine the best compensation for you.
Weitz & Luxenberg is known for its ability to secure large awards for clients. The firm won the largest asbestos group verdict in the history of New York, a $190,000,000 judgment on behalf 36 Brooklyn Navy Yard workers diagnosed mesothelioma resulting from decades of exposure to asbestos.
A mesothelioma settlement is an efficient and cost-effective way to receive compensation. However, it does not guarantee that the victim receives the amount they want. A mesothelioma case is usually worth between $1 to $1.5 million. However, it is contingent on each individual case.
The majority of mesothelioma cases are handled through trust funds due to the lengthy time between asbestos exposure and a mesothelioma diagnosis. Asbestos companies responsible for the exposure of asbestos-related diseases filed for bankruptcy, and as part of their Chapter 11 bankruptcy protection they set up trust funds to pay for future claims. More than $30 billion is available as asbestos trust funds to help victims.
Trial Verdicts
A mesothelioma-related case could result in a verdict or a judgment which is awarded to victims of asbestos-related losses. Settlements or verdicts from trials can be used to cover medical costs, lost income and future expenses, such as home healthcare and living expenses. Mesothelioma sufferers can also get financial aid from other sources, such as the VA pension or Aid and Attendance benefits.
Mesothelioma attorneys can determine the best option for their clients. This could involve negotiations for an equitable mesothelioma deal or taking the case to trial. However, settling out of court is often the most efficient and simple option for mesothelioma patients. An attorney for mesothelioma will ensure that the victim receives an offer of compensation that is fair and reasonable, and in their best interest.
If a defendant does not settle the case the case will be heard. During the trial, attorneys from both sides will gather and present evidence. The jury and judge will decide whether the defendant is liable and how much money they must pay. They also decide if punitive damages should be added to compensatory damages.
Before a trial, a majority of lawsuits settle their mesothelioma claims. The amount of money awarded is contingent on a variety of factors such as the severity of the disease as well as the life expectancy of the victim.
Trial verdicts may also be given for future and past lost income, medical bills that are not paid, pain and suffering and other costs incurred by the victim and their family. A mesothelioma lawyer can assist victims track all expenses and losses they've suffered.
Asbestos victims and their families can rely on the attorneys at Lanier Law Firm for help filing a claim or pursuing lawsuits against companies accountable for their exposure to asbestos. Lanier Law Firm has recovered billions of dollars in settlements and verdicts on behalf victims harmed by the negligence of asbestos producers who prioritized profits over the safety of their workers. Lanier Law Firm has offices in New York, California and Washington, DC. Contact the firm today to learn more about how a mesothelioma attorney can assist you with your legal case.