보도자료
What's Holding Back The Mesothelioma Asbestos Claims Industry?
24.10.02
Many families of victims of mesothelioma receive compensation as the result of a mesothelioma trial settlement or verdict. Compensation can also be derived from asbestos trust funds and the Department of Veterans Affairs.
Mesothelioma lawsuits are usually filed as personal injury lawsuits or wrongful death cases. A mesothelioma lawyer will help you determine the best type of claim to file.
VA Benefits
Mesothelioma lawyers assist veterans and their families to ensure they receive compensation for their asbestos-related injuries. Compensation can be used to pay medical expenses, lost wages, as well as pain and suffering. Asbestos sufferers can claim benefits from various sources, including asbestos companies liable for the harm, trust funds and workers compensation. An attorney experienced in mesothelioma can explain the complex legal system for your case.
A mesothelioma lawsuit is filed against the asbestos company which exposed the victim. This type of claim has to be filed in civil court, and the laws governing the process differ from state to state.
Many asbestos lawsuits are settled out of court, but there are cases that make their way to a jury trial. The amount of money that a victim is awarded is determined by a verdict of a jury. The severity of the injury, the patient's symptoms, and the location of the exposure are all factors that determine the amount of money the jury will give.
A mesothelioma case isn't the only option to submit a claim for disability with the Department of Veterans Affairs. VA disability claims can provide financial support and medical treatment for veterans diagnosed with asbestos lawyer-related ailments.
There are different types of VA claims, but the majority of them are based on a veteran's level of disability and if they have dependents. The VA offers a monthly benefits program which is tax-free and covers the cost of living for a veteran with mesothelioma.
Veterans and their families are able to benefit from the help of an experienced VA mesothelioma lawyer. They can examine the victim's medical records, asbestos exposure history and other information to build an argument for compensation. A mesothelioma lawyer can also work with a veteran's doctor to establish an accurate diagnosis and recommend most effective treatment options.
These claims also include those against the U.S. Air Force Navy and Marine Corps. Asbestos exposure is commonplace within these military branches and a lot of past and current personnel were exposed to asbestos during their service. For example, Marines often worked on ships or in facilities that contained asbestos. Some veterans might have had exposure to asbestos when working at Tinker Air Force Base where private contractors were responsible for the maintenance of homes and buildings that were contaminated by asbestos legal.
Workers' Compensation
In many states the laws governing workers' compensation allow individuals who have been diagnosed with asbestos-related ailments to receive a fixed amount of compensation. This set amount will cover medical expenses, lost wages, and other financial losses.
To determine if they are eligible, asbestos sufferers should consult a mesothelioma lawyer. The legal team at Lanier Law Firm can help those seeking assistance to identify different sources of exposure and maximize their compensation.
In addition, mesothelioma sufferers and their loved ones may be entitled to file a lawsuit against an asbestos company for negligence. This process can result in a settlement, or a verdict which awards compensation.
Mesothelioma lawsuit settlements differ by state and personal circumstances, however, the amount the victim receives will be contingent on the severity of their condition, the location they were exposed to asbestos and the length of time they were exposed to asbestos litigation for.
When a lawsuit is filed, the defendant named in the lawsuit must pay a financial sum or refute the claim and begin the trial process. Mesothelioma lawyers assist patients and their family members gather the evidence needed to prove the claims they make.
Mesothelioma lawsuits typically involve a variety of parties and different types of insurance. Victims and their families can also seek financial compensation through a trust fund or settlement, or through a trial verdict.
The amount of compensation a victim will receive depends on the severity of their condition, the location to which they were exposed, for how long and how much exposure there was, as well as their degree of suffering. The attorneys at Dreyer Boyajian LLP can assist clients with filing claims in multiple venues as necessary.
Asbestos patients should also think about other forms of financial aid for mesothelioma and other asbestos-related diseases, like disability insurance or additional unemployment benefits (SUI). These benefits can be used to pay for expenses for living. An attorney for mesothelioma can help mesothelioma sufferers determine if they qualify for Social Security. If a mesothelioma patient's legal case is pending, they should also consider applying for workers' compensation.
Trust Funds
All asbestos victims must receive full compensation for their losses, which includes medical expenses, lost wages, and pain and suffering. Compensation from asbestos trust funds can help cover these costs. Asbestos trust funds are pools of money that were set aside by manufacturers who produced asbestos lawyer-containing products. The funds were set up in the 1980s when companies knew they were exposing workers to asbestos, which is a dangerous substance, and then filed for Chapter 11 bankruptcy protection to protect themselves from the risk of being sued in.
Typically each trust fund assigns a specific schedule of value to different types of asbestos-related diseases with the more serious conditions being more expensive than others. Each trust also has a percentage of payment, which is the portion of the total claim they will pay out. Asbestos lawyers assist victims in filing claims with multiple asbestos trust funds to maximize their compensation.
It is crucial to make an asbestos trust fund claim as soon as you can after diagnosis to ensure that compensation is received in an efficient manner. The timeframe for filing a claim varies depending on the case, but a majority of victims receive payouts within 90 days of filing their claim. Certain victims are eligible for expedited review, which allows them to receive a predetermined amount of compensation based on the asbestos company's established criteria.
The average mesothelioma trust fund payout is at least $1 million. However, the exact amount depends on which asbestos companies are involved in the individual's claim and also the percentage of each trust's payout.
Mesothelioma victims and their loved ones may also receive additional financial aid sources including VA benefits and disability insurance. The compensation from these sources can help victims and their loved ones pay for treatment-related costs, make up lost income and help pay for living expenses.
Mesothelioma patients as well as their family members may also file lawsuits against the asbestos lawyer-related companies responsible for their exposure. The lawsuits can offer greater compensation than trust fund claims, but it is crucial to speak with a mesothelioma lawyer regarding the best compensation strategy for your particular situation. The most effective mesothelioma lawyers are able explain the nuances between asbestos trust funds and litigation, and develop a legal strategy that will result in maximum payout.
Free Consultation
Mesothelioma lawyers can assist in determining asbestos exposure and offer legal options for compensation. They can also ensure that all paperwork is filed correctly and in accordance to state laws, referred to as statutes. These deadlines vary by state.
Compensation is available to asbestos patients and their families through a range of claims. Mesothelioma compensation usually comes from settlements, trust funds and trial verdicts. It can be used to help families pay funeral costs, medical costs and other costs.
A person who is diagnosed with an asbestos-related disease should consult an experienced asbestos lawyer to make a claim against responsible companies. They can look over medical records and asbestos-related employment history to identify the exposure source. They can also determine the companies responsible and determine the responsibility of a mesothelioma case.
Lawyers can also help asbestos victims and their family members be eligible for other types of financial assistance. Disability insurance and healthcare programs run by the government such as Medicare and Medicaid are two examples. These programs can help offset mesothelioma expenses and other medical expenses, for example, prescription drug plans.
In some cases the person who is diagnosed with an asbestos-related illness may be eligible to receive the wrongful death settlement. This type of claim seeks to hold the companies that make asbestos-related products accountable for a victim's death. Wrongful death lawsuits can result in significant compensation, often reaching a negotiated settlement.
Asbestos lawsuits can be a complicated case. Lawyers can assist their clients in preparing for trial and ensure that all evidence is gathered to prove the asbestos victim’s case. They will construct a strong case to maximize damages and get compensation for the victim's family.
The compensation from a mesothelioma lawsuit will help veterans and family members overcome many of the financial burdens that come with this disease. Asbestos victims and their family members should always speak with an asbestos law firm that has an impressive 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.