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Showing posts with label Mesothelioma Compensation. Show all posts
Showing posts with label Mesothelioma Compensation. Show all posts

Wednesday 6 June 2012

Mesothelioma Compensation

Mesothelioma Compensation

Scales of justice
In addition to holding companies that may be responsible for asbestos exposure accountable for their negligence, a mesothelioma lawsuit can serve another practical purpose. It can compensate people financially and help people take care of a loss of income and medical bills.
Compensation differs for each mesothelioma claim. It can range from small amounts to sums in the millions of dollars. It can be hard to predict how much compensation can come with each case or even how a case will be resolved. An experienced mesothelioma lawyer can help gauge a potential client's eligibility for compensation.
If you believe you may be a candidate to receive financial compensation because of exposure to asbestos or if you are already battling with mesothelioma, get The Mesothelioma Center's free informational packet. Fill out the form on the right side of the page and get more information about mesothelioma and your legal options.

What Type of Compensation Can You Receive?

Costs related to your asbestos-induced illness can include:
  • Physical and mental distress (also known as "pain and suffering")
  • Lost wages
  • Medical expenses, including expenses not covered by health insurance
  • Group support for you and your loved ones
  • Funeral expenses
  • Expenses because of travel for medical treatments

When Will You Receive Compensation?

Compensation from a mesothelioma lawsuit usually comes after a settlement is reached or after a winning trial verdict. In certain instances, you may need to file a claim with a bankruptcy trust fund or with the Veterans Administration to be compensated financially. A mesothelioma attorney can help you.

Workers' Compensation

The number of employees suffering from respiratory illnesses resulting from asbestos exposure began to rise in the early 1900s. Asbestos companies and their insurers soon started to worry about their future profits. To protect themselves from lawsuits filed by employees, those companies began requesting new workers' compensation laws to shield them from lawsuits stemming from various diseases linked to asbestos exposure. Those diseases included mesothelioma and asbestosis. By the late 1930s, numerous states had established compensation laws related to asbestos.
Workers' compensation laws can vary by state. Some of them change from year to year. If you have been diagnosed with an asbestos-related illness, you may be able to file for compensation to cover medical bills, pain and suffering. But being eligible to file and receiving compensation are two different things. Your state's workers' compensation board can provide more information, and you should also speak with an experienced asbestos and mesothelioma lawyer.
If your illness was caused by asbestos exposure on the job, you may have the opportunity to file a personal injury lawsuit and receive fair compensation for injuries. If a loved one has died from an asbestos-related illness, you may instead wish to file a wrongful death lawsuit. In the case of a personal injury caused by asbestos exposure, attorneys usually don't file a claim against your employer unless the employer is an asbestos company. Instead, attorneys typically file lawsuits against the manufacturer(s) of asbestos products. These manufacturers are generally held liable. Many times they were aware of the health hazards caused by their products.
Some of these asbestos manufacturers are no longer in business but have bankruptcy trust funds set up to pay off asbestos-related claims. In part, that is why people who sue reach a financial settlement before their case goes to trial.

Bankruptcy Trust Funds

A number of companies who mined asbestos or manufactured asbestos-included products no longer exist. Some were bought by other companies, while others went out of business. Some declared bankruptcy because of the large number of asbestos lawsuits filed against them. This does not mean these companies have no money. In bankruptcy protection, many companies were ordered to set up funds specifically to compensate asbestos victims. These funds are known as mesothelioma compensation funds or trust funds. They can play a key role in the settlement process because the funds can quickly dispatch a case.

Settlement

Some defendants in asbestos-related lawsuits decide that settling a claim is cheaper than racking up more legal fees and risking a loss at trial. Most mesothelioma attorneys are paid only if their clients' claims are successful. Defendants' attorneys, on the other hand, are usually paid monthly throughout the lawsuit, and that cost is not tied to the case outcome.
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.

Trial Verdicts

If your case goes to trial and does not settle, there are two likely outcomes: guilty or not guilty. If the defendant is found guilty, money is usually awarded to you. Each mesothelioma case is unique, and there are no set guidelines for claim compensation. If you win, the amount owed to you depends on the facts of your case and also such things as medical costs and lost income.
If you win, the defendant has the right to appeal any award. If the appeal is successful, the defendant could owe you a lesser amount or nothing at all. Although the appeals process will stall receipt of any money, the defendant will need to post a bond during the appeal for the amount awarded.

VA Claims

VA claim
Many people who served in a branch of the U.S. Armed Forces were exposed to asbestos - especially those who worked in shipbuilding during World War II. Veterans have a right to file a claim with the VA seeking compensation for any injuries or illnesses developed while serving their country. Paperwork can be confusing and complicated, but The Mesothelioma Center's Veterans Assistance Department offers free assistance with filing claims. For more information, contact our Veterans Assistance Department.