14 Common Misconceptions About Mesothelioma Asbestos Claims
Mesothelioma Lawyers Can Help You File Mesothelioma Asbestos Claims
Many families of mesothelioma patients receive compensation through mesothelioma lawsuits or 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 lawsuits. A mesothelioma attorney can help you decide what type of claim is best to bring.
VA Benefits
Mesothelioma attorneys work with veterans and families to ensure that they get compensation for their asbestos-related injuries. Compensation can be used to pay medical expenses as well as lost wages and pain and suffering. Asbestos patients may be eligible for benefits from multiple sources, including asbestos companies that are liable trust funds, trust funds, and workers' compensation. A mesothelioma attorney with experience can explain the complicated legal system in your case.
A mesothelioma claim involves the filing of a lawsuit against an asbestos-related company that is responsible for the victim's exposure. This type of claim 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 go to the jury trial. The amount the victim receives is determined by a verdict from a jury. The severity of the injury, patient's symptoms, and the location of the injury are all factors in determining the amount of money that a jury will decide to award.
In addition to a mesothelioma suit, an individual may make a veterans' disability claim with the Department of Veterans Affairs (VA). Veterans who have been diagnosed as suffering from asbestos-related diseases may receive financial aid and medical treatment through VA disability claims.
VA claims are dependent on the severity of disability for the veteran as well as whether or not they have dependents. The VA offers monthly benefits that is tax-free and covers the cost of living for a person who suffers from mesothelioma.
An experienced VA mesothelioma lawyer can assist veterans and their family members with submitting claims. They can review the medical records of the victim, asbestos exposure history and other details to make an effective case for compensation. A mesothelioma attorney can also collaborate with the veteran's physician to establish a diagnosis and recommend 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 as a large number of former and current personnel were exposed to asbestos during their time in service. For example, Marines often worked on ships and in buildings that contained 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 buildings that were contaminated by asbestos.
Workers' Compensation
In many states workers' compensation laws permit people who have been diagnosed with asbestos-related ailments to receive a set amount of compensation. This fixed amount of money can cover medical expenses, lost wages, and other financial losses.
Asbestos victims should speak with an experienced mesothelioma lawyer to determine whether they are qualified for this kind of financial aid. The Lanier Law Legal team of the firm can help clients maximize their compensation by identifying the multiple sources of exposure.
In addition, mesothelioma patients and their families may be able to file an asbestos lawsuit against the company for negligence. The process could result in a settlement, or a verdict that provides compensation.
Mesothelioma lawsuit settlements vary by state and personal circumstances, but the compensation a victim receives will depend on the severity of their condition, the location they were exposed to asbestos and the length of time they were exposed for.
If a lawsuit has been filed, the defendant has to either pay the amount demanded or contest it and begin the trial. Mesothelioma attorneys help patients and their families gather the evidence needed to support the claims they make.
Mesothelioma lawsuits usually involve multiple parties and a variety of insurance. Families of victims can also seek financial compensation via a trust fund or settlement or trial verdict.
The amount of compensation the victim receives is contingent on the severity of their illness, where they were exposed, how long and how much exposure was, and the degree of suffering. The lawyers at Dreyer Boyajian LLP can assist clients with filing claims in multiple venues, if needed.
Asbestos patients should also think about other sources of financial aid for mesothelioma as well as other asbestos-related illnesses, such as disability insurance or the supplemental unemployment benefits (SUI). These kinds of benefits can help with living expenses. A mesothelioma attorney can also assist mesothelioma patients to determine if they qualify for Social Security. If mesothelioma patients' legal battle is in progress, they should also consider applying for workers' compensation.
Trust Funds
Asbestos victims must be fully compensated for their losses, which includes medical expenses, lost income, suffering and pain. Compensation from asbestos trust funds could help them pay for these costs. Asbestos Trust funds are reserves set aside by the manufacturers of asbestos-containing products. These trust funds were established in the 1980s when companies knew they were exposing workers to the dangerous material and filed for Chapter 11 bankruptcy protection to stay out of liability in lawsuits.
Typically the trust fund assigns a set of guidelines of value to various types of asbestos-related ailments with the more serious conditions being valued higher than others. Each trust also has a percentage of payment that is the percentage of the total claim they'll pay out. Asbestos lawyers assist victims in filing claims with multiple asbestos trust funds to maximize their compensation.
To ensure that compensation is received as quickly as possible, it is important to submit a claim to the asbestos trust fund when you are diagnosed. The timeline varies depending on the case, but most victims receive their compensation within 90-days of filing their claim. Some victims may qualify for an expedited review, which enables them to receive a set amount of compensation that is determined by the asbestos company's established standards.
The average mesothelioma trust fund payout is $1 million or more. The exact amount is contingent on which asbestos companies are involved in the individual's claim and the trust's percentage of payment.
Mesothelioma patients and their loved ones can also receive additional sources of financial assistance, such as VA benefits and disability insurance. Compensation from these sources can aid victims and their families pay for treatment-related expenses, pay for the loss of income and also cover other living costs.
Mesothelioma patients as well as their family members can also file lawsuits against asbestos companies responsible for their exposure. It is important to consult a mesothelioma attorney about the best compensation option for your particular situation. Trust fund claims can be more extensive than lawsuits. The best mesothelioma attorneys are able to explain the nuances of asbestos trust funds and lawsuits and create an appropriate legal strategy that is likely to yield the maximum compensation for each client.
Free Consultation
Mesothelioma attorneys can help determine asbestos exposure and offer legal options for compensation. They can also ensure that all paperwork is filed properly and in accordance with state laws, known as statutes. These deadlines vary by state.
Asbestos victims and their families members may be eligible for compensation through several types of claims. Mesothelioma compensation usually comes from trust funds, settlements and trial verdicts. It can be used to help families pay for funeral costs, treatment and other expenses.
A person who has been diagnosed with an asbestos-related disease should work closely with an asbestos lawyer who is skilled in order to file a suit against the responsible companies. They can examine medical documents and asbestos-related work histories to identify the source of exposure. They can determine the responsible companies and establish the liability of a mesothelioma lawsuit.
Lawyers can aid asbestos victims and their family members to be eligible for other forms of financial assistance. Disability insurance and healthcare programs run by the government like Medicare and Medicaid are two examples. These programs are able to offset mesothelioma costs and other medical expenses for example, prescription drug plans.
In some cases, an asbestos-related condition could result in wrongful death compensation. This kind of claim is designed to hold asbestos-related product manufacturers accountable for the death of a victim. The lawsuits for wrongful death could result in substantial compensation, usually resulting in a settlement that is negotiated.
Asbestos cases are complicated. Lawyers can assist their clients prepare for trial and make sure all the evidence needed is collected to support the asbestos victim's case. They will build a solid case to maximize damages for the victim as well as obtaining compensation for their families.
Veterans and their families could get compensation from mesothelioma cases. This will help them overcome the financial burdens associated with this disease. Asbestos patients and their families must seek the advice of a mesothelioma attorney who has a track record of success. At Riddle & Brantley Attorneys Gene and Chris Riddle have recovered over $665 million in compensation for asbestos victims. Contact us today to discuss your legal options.