Legal Options / Compensation for Victims Compensation & Financial AssistanceWorkers’ compensation and VA benefits can provide modest resources for victims of asbestos exposure. For many people stricken with mesothelioma, however, filing a personal injury or wrongful death lawsuit is the best way to obtain enough compensation to cover the high costs of cancer treatment. Find a Mesothelioma Attorney.
Other defendants are willing to risk a trial. Even if a case goes to trial, a defendant can opt to negotiate a settlement, particularly if the case seems to be favoring you.
If your claim is successful, expenses for accessing treatment (medications, in-home nursing care, parking for medical appointments, additional assistance required in the home due to illness) may be paid. If you need to equip your home to accommodate your changing physical abilities related to the illness, those expenses may also be paid. Additionally, monthly or lump sum payments may be made to compensate you (subject to restrictions that apply in some provinces to people over 65) or your spouse/dependants for lost income and loss of life.
VA benefits are tax-free benefits, including disability benefits, for veterans who served in any branch of the armed forces and became injured or ill as a result. VA claims are paid by the U.S. Department of Veterans Affairs, which has recognized mesothelioma and some other asbestos diseases as eligible for coverage. For asbestos victims, veterans will need to prove exposure occurred during their years of service, have documentation of their diagnosis, and must have been discharged in any manner other than dishonorable.
Compensation for Mesothelioma Victims of asbestos exposure deserve compensation from negligent asbestos companies. Compensation can pay for treatment and financially support a victim’s family. Several types of compensation are available for victims of asbestos exposure. The most common type comes from lawsuits filed by victims and their families against negligent asbestos companies. Asbestos Trust Funds. Asbestos companies set aside billions of dollars in trust funds for mesothelioma patients and their families. Mesothelioma Lawsuits. Many companies wrongfully exposed their employees to asbestos.
Victims of exposure often get settlements that help pay for treatment and other expenses. VA Claims. Most veterans with service-connected mesothelioma qualify for disability benefits and subsidized treatment through the VA. Worker’s Compensation. In some cases, mesothelioma patients can file for worker’s compensation for residual income. Disability payments may be temporary or permanent. Asbestos Trust Funds The mounting number of asbestos-related lawsuits initiated since the 1980s has forced many companies to file bankruptcy. As a condition for filing their bankruptcy, most of these companies were required to establish trust funds to ensure that victims of asbestos exposure could still receive fair compensation.
The total amount of compensation available in these trust funds is currently over 30 billion dollars. A recently published bankruptcy report estimated that this amount is expected to rise by another 12 billion within the next few years. As more and more pending bankruptcies complete, more and more compensation will be made available for victims of asbestos exposure. These funds are available to help pay for mesothelioma treatment and financial support for patients’ families. In order to qualify for compensation from an asbestos trust fund, patients must provide detailed evidence of their asbestos exposure to the trust.
Compensation from Lawsuits Patients with asbestos-related mesothelioma are well within their rights to file a lawsuit against the company (or companies) that increased their risk of developing the disease. Many victims of asbestos exposure are, however, uncertain about filing a legal claim. Some may not believe that they would benefit from litigation, while others may not welcome the added stress of a lawsuit. Filing a legal claim against a company is a matter of justice. Asbestos companies were negligent in their use and distribution of asbestos-containing products. They endangered the lives of their employees and customers alike.
Patients diagnosed with mesothelioma resulting from this negligence deserve compensation that can help pay for treatment and secure the financial future of their family. The main goal of an experienced mesothelioma lawyer is to obtain just compensation for victims of asbestos exposure. To accomplish this, a good mesothelioma lawyer conducts detailed research into your work history and makes sure that every single source of asbestos exposure is brought to light so that you get the compensation you deserve. Mesothelioma Settlements
The majority of mesothelioma lawsuits end in a settlement before going to trial. A settlement occurs when you, your lawyer and the asbestos company reach an agreement on a certain amount of compensation. Several factors determine the amount, including medical expenses, lost wages and the extent of the company’s negligence. Settlements are also private. No personal information about the victim or the amount of the settlement can be made public after the process finishes. Settlements are beneficial because they help victims of exposure and their families: Avoid a possibly lengthy trial and multiple court appearances Keep their personal information, including the amount of the settlement, private Receive a guaranteed sum of money Compensation for Veterans Currently, veterans account for about 30 percent of all mesothelioma diagnoses.
This disproportionately large share is due to the military’s extensive use of asbestos-containing products from the 1930s to the 1970s. Asbestos is a versatile, fire-resistant material the military used to protect its service men and women from fire-related injury and death. Asbestos-containing materials were used in everything from the boiler rooms of ships to the walls of sleeping quarters. It’s important for veterans to understand that the military itself did not intentionally expose its servicemen and women to asbestos. It purchased products containing asbestos from companies that neglected to disclose the danger posed by exposure to the cancer-causing mineral. The Veterans Administration (VA) officially recognizes the connection between asbestos exposure and mesothelioma. It considers the disease a service-connected disability and allows veterans to file claims for special benefits and disability compensation related to mesothelioma. The amount of disability compensation the VA pays out is determined using a “disability scale,” which rates a veteran’s disability from 0 (least disabling) to 100 (most disabling). The
VA uses this scale to determine the severity of the service-connected disease and always rates mesothelioma as 100 percent disabling. If you’re a veteran who has been diagnosed with service-related mesothelioma, you can access compensation by filing a claim with the VA. Worker’s Compensation Mesothelioma caused by work-related asbestos exposure can be covered by worker’s compensation. A worker’s compensation claim does not involve a lawsuit and is determined outside of court. The claim itself is filed directly with the worker’s employer, not the manufacturer or supplier of the asbestos-containing product.
It’s important to note that a worker diagnosed with mesothelioma can still file a claim against their employer, even if exposure to asbestos occurred a long time ago. However, the amount of time allowed to file from varies from state to state and should be verified before filing a claim. If you’ve been diagnosed with mesothelioma and suspect work-related asbestos exposure is to blame, it’s best to file a claim as soon as possible to preserve your legal right to compensation. Getting Compensation Learning about the different types of compensation available for victims of asbestos exposure is just the first step. If you’ve been diagnosed with mesothelioma resulting from asbestos exposure in the military, at work or from a negligent company, you deserve compensation that can pay for treatment. The next step is speaking to an experienced mesothelioma attorney who can help you get compensation. Our Patient Help Team can provide you with more information about compensation and can help you finding legal assistance to do so. Speak with a representative from our team today.
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