Mesothelioma Compensation
If you have developed pleural plaques or mesothelioma due to exposure to industrial chemicals you could be entitled to compensation. A North Carolina asbestos lawyer can examine your case to determine the probability of success.
Long-term exposure to asbestos is associated with lung cancer, mesothelioma and other asbestos-related illnesses. People who work or live with boilermakers, shipbuilders and other asbestos workers could be at risk.
Asbestos Litigation
Asbestos litigation is among the longest-running mass torts in U.S. history. It has resulted in billions of dollars in settlements, juries verdicts and judgments for victims who suffer from asbestos-related diseases such as mesothelioma, asbestosis and pleural plaques.
Lawsuits are filed in federal or state courts. They pay victims for their physical, financial and emotional loss. Compensation can cover medical expenses that are related to ongoing medical care and treatment. Additionally, a successful lawsuit can help families cope with the loss of a loved one who died from asbestos-related diseases.
When an individual is diagnosed with an asbestos-related illness one may file a lawsuit against negligent companies responsible for the exposure. This could include companies that provided the raw asbestos, as well as manufacturers of asbestos-containing products or employers who knew or ought to have known about the dangers associated with workplace asbestos exposure and failed to protect their employees.
A person can file a suit on their own or with attorney's assistance. The process differs depending on the state and asbestos-related condition. When filing a lawsuit against mesothelioma, it's important to hire an experienced lawyer.
Lawyers who specialize in mesothelioma review the patient's health, family and work history to determine whether exposure to asbestos is possible. They have access to databases of thousands of job sites and mesothelioma settlement records to assist in this process. Lawyers can help identify potential asbestos manufacturers and asbestos product lines the victim may have been exposed to and also the potential places where exposure took place.
Asbestos lawyers can also determine whether a case is suitable for punitive damages. These damages are designed to penalize the defendant's company and discourage others from engaging in similar conduct. This could encourage defendants not to fight mesothelioma cases in court, but rather settle them.
Lawyers can also deal with other asbestos claims, like lung cancer lawsuits, or cases involving secondary asbestos exposure. They are able to represent clients with nontraditional asbestos exposure histories, such as those who worked as auto mechanics or in the military. They have experience in filing lawsuits in both state and federal courts across the United States.
Workers' Compensation
If workers exposed to asbestos during their work develop an asbestos-related disease, they could be entitled to compensation. The victims may sue and receive compensatory damages for their physical, financial and emotional loss. Mesothelioma and asbestos-related diseases are costly to treat, and the resulting loss of income can be devastating for families. Additionally, the death of mesothelioma victims can also leave family members in need of financial assistance.
Asbestos attorneys can help victims and their families, decide on the kind or type of asbestos claims they need to pursue. They can begin by looking at the patient's medical records, work history and the kinds of asbestos-containing products to which they have been exposed. A legal team with expertise will have the tools to find old products, employment records, and witness testimony.
Individuals diagnosed with a disease related to asbestos will often need to document their exposure and symptoms, especially if they are suffering from a progressive asbestos-related illness like mesothelioma or lung cancer. As these diseases progress it can be difficult for those suffering from asbestos-related illnesses to remember their past work and the specifics of their exposure. It is therefore important that asbestos victims have an attorney by their side right from the start of their case.
Some victims may need to submit a claim to the asbestos trust fund in addition to pursuing legal action against negligent asbestos companies in order to be compensated for the damages they deserve. Asbestos attorneys can assist in determining whether a victim is eligible for a trust fund claim and help them with the required paperwork.
Veterans who were exposed in the military to asbestos may also seek compensation for their asbestos-related injuries. Veterans who suffer from asbestos-related conditions like mesothelioma could apply for disability benefits through the Department of Veterans Affairs. This could include compensation for mesothelioma or other diseases, as well as reimbursement of travel expenses associated with treatment. An attorney can help veterans fill out the required VA forms and ensure that the application is accurate and complete.
Social Security Disability
A mesothelioma diagnosis could result in patients facing significant medical bills that aren't covered by insurance. This can result in financial hardship and a lack of work, which can lead to more debt. Social disability benefits are offered to patients who cannot hold jobs. A Columbia asbestos claims lawyer can assist those who have been identified as suffering from a debilitating disease receive these benefits.
Based on the type of illness, patients may also be eligible to receive compensation from one of the asbestos trust funds. Since the 1930s, asbestos manufacturers were aware that exposure to asbestos can cause serious health problems including mesothelioma. However they did not take the time to inform their employees. Many asbestos-related exposure victims later developed mesothelioma as well as other asbestos-related diseases.
To be eligible for SSD applicants must have a serious medical condition that is expected to last for a year or more. An asbestos lawyer who has experience can assist clients in understanding how to apply for social security benefits, and how to prepare their mesothelioma claim.
After a claim has been filed, the SSA's disability determination services department (DDS) performs a disability evaluation. This includes a review of the medical records of the individual and an assessment of whether the condition meets, is equal to or exceeds the requirements for any of the SSA's listings. Based on the results of this examination, the DDS can either accept or deny the claim of the patient.
If the claim is denied the asbestos attorney may help in filing a request for reconsideration or appeal. Appeals are usually handled by a separate DDS adjudicative panel, which is different from the initial review.
Asbestos lawyers will consult with medical professionals to ensure all evidence is submitted correctly. This could include documentation of the person's asbestos exposure history, symptoms and how their condition has impacted their life. Other asbestos-related illnesses include lung cancer, chronic obstruction of the lung, pleural plaques and atelectasis. People suffering from these conditions can file mesothelioma suits, asbestos trust fund and VA claims. The sooner a victim can speak with an experienced mesothelioma lawyer the better their chances of getting the disability benefits they need.
Veterans' Benefits
Patients suffering from an asbestos-related disease like mesothelioma, for instance, are entitled to benefits from the Department of Veteran Affairs (VA). Individuals may be eligible for a variety of VA claim and compensation options based on their unique circumstances. Veterans who have been diagnosed with mesothelioma could be eligible for monthly disability payments. These payments assist with medical expenses as well as lost wages. If mesothelioma is diagnosed as related to service, the spouses who survive can receive a monthly allowance called DIC or Dependency and Indemnity Compensation.
Those exposed to asbestos while in the military have a high chance of developing mesothelioma or other asbestos-related illness. Their jobs often involve handling and insulating equipment that contains asbestos. Many veterans also were employed outside of the military, and may have been exposed to asbestos in different occupations. These occupations included refinery and asbestos lawsuit compensation mill workers, railway workers, asbestos miners, auto mechanics and construction workers.
In addition to a mesothelioma, veterans could also be suffering from other asbestos-related diseases like asbestosis or asbestos lung cancer. Mesothelioma symptoms can be similar to other ailments and are often misdiagnosed particularly in the beginning stages of the disease. Veterans need to seek a mesothelioma diagnosis from an asbestos specialist.
A mesothelioma diagnosis can result in financial difficulties for veterans. There are many resources available to mesothelioma sufferers and their families, such as VA claims asbestos trust funds, and lawsuits.
A mesothelioma patient must demonstrate that asbestos exposure is the reason for their condition to be eligible for VA benefits. The VA considers mesothelioma and other asbestos-related illnesses to be service-connected illnesses when they can be traced back to the time that a veteran was in the military.
A mesothelioma victim can also seek compensation from a solvent asbestos business through lawsuits, which are usually separate from VA or pension benefits. To discuss options for compensation asbestos sufferers should speak with an experienced mesothelioma lawyer. An attorney can review the veteran's medical records as well as other evidence to determine the best method to seek compensation.