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You may be eligible for compensation as a victim of an asbestos disease. There are different types of asbestos compensation available and you might be eligible for more than one. The amount of compensation you may receive will depend on the type of asbestos disease involved, the extent of the losses you suffered because of that disease and the knowledge, skill and talent of the asbestos compensation lawyer or law firm you retain to represent you.
You may be eligible to receive asbestos compensation if you have suffered an asbestos-related injury. One type of compensation available is for the pain and suffering and loss of life’s pleasure due to a disease that develops following exposure to asbestos. Asbestos exposure diseases include, but are not limited, to mesothelioma, lung cancer and asbestosis. Another type of compensation available is for the loss suffered by the spouse or child of an asbestos disease victim who passes away.
You can initiate a lawsuit to receive asbestos compensation if you have a diagnosed asbestos-caused disease or if that disease has claimed your loved one. Depending on your exact circumstances, you also may be able to file other types of asbestos compensation claims.
However, your eligibility will not last indefinitely. There is a time window within which you must file your claim. This window is set by the laws applicable in your state. The time limit may also be determined by the type of claim you file. Awareness of this time limit is therefore crucially important – as is making sure your claim is properly filed before the time runs out.
One type of compensation you can receive is that which is produced by a lawsuit. A lawsuit produces compensation for you either by a courtroom trial verdict or by a settlement reached through negotiation. In most cases, filing an asbestos lawsuit is a strong preference, as it applies legal pressure on the defendants to come forward with an adequate compensation offer.
Another type of compensation you can receive comes from asbestos bankruptcy trusts. Many companies that caused asbestos injuries have chosen to avoid future asbestos lawsuits by establishing an asbestos bankruptcy trust. However, while such an arrangement allows a company to avoid a lawsuit, it does not allow it to avoid liability – and the obligation to pay compensation – if a claimant can prove that his or her asbestos injury was caused by exposure to that company’s products.
The workers’ compensation claims system in your state may provide an additional source of asbestos compensation. Workers’ compensation is paid monthly to people injured or sickened on the job. It is intended mainly as a source of replacement income for a statutorily defined amount of time and to help pay medical bills. The amount of compensation paid is also set by law, but will usually make up for only a portion of your lost wages. Veterans Administration (VA) benefits are a type of asbestos injury compensation available only if you served in the U.S. military or are the spouse or child of a former member of the armed forces. There are two VA benefits programs for which you as a victim of an asbestos-exposure injury might be eligible. The first is Disability Compensation. This pays a monthly sum to veterans who meet certain criteria concerning their asbestos exposure. The second is Dependency and Indemnity Compensation. This also pays a monthly sum, but to surviving spouses and dependent children.
Various considerations determine the amount of compensation you will receive. The most important is your asbestos-related injury and the circumstances surrounding it. You will need to prove with a medical diagnosis that an asbestos-related disease is the cause of your harm. You will need to demonstrate the extent of that harm. You will also need to identify the companies responsible for the asbestos exposure that caused the disease. Additionally, you must explain when and how the exposure occurred. Another consideration is the type of compensation you seek. The largest sums are usually available through verdicts and settlements. The smallest sums typically come from benefits programs.
The timing of your receipt of compensation depends on multiple factors. Most determinative is the type of asbestos compensation you seek.
You probably will wait the longest to receive compensation from a lawsuit resolved by trial – anywhere from under a year to several years. However, many courts try to expedite mesothelioma lawsuits where the cancer-stricken plaintiff is at risk of passing away before he or she has an opportunity to take the witness stand and testify. On the other hand, compensation from a settlement is usually received within 2 to 8 weeks after the agreement is reached.
Compensation from asbestos trusts, workers compensation and VA benefits may be received within 6 to 26 weeks after submission of compensation claims. Your actual experience may vary.
Probably yes. Other types of financial assistance that may be available to you include private health insurance, Medicare and Medicaid, private disability insurance, Social Security disability and nonprofit aid.
Private health insurance (obtained on your own or provided through an employer) or its public counterparts (Medicare and Medicaid) can pay for many of the medical costs associated with the diagnosis and treatment of an asbestos-exposure injury. Ordinarily, insurance pays a specified percentage of those costs after you meet an out-of-pocket deductible ranging from a few hundred to several thousands of dollars during each calendar year.
Private and Social Security disability insurance are each intended to compensate you for lost wages after you are diagnosed with an asbestos illness that prevents you from working. The compensation payments come monthly and usually continue for as long as you are disabled. However, they seldom, if ever, fully compensate you for the income you are no longer able to generate.
Depending on the type of financial assistance you obtain and the dates of your exposure to asbestos, you may be required to pay back a portion of that money if you file a lawsuit and are compensated from that lawsuit.
Nonprofit assistance is financial support you receive from charitable groups and organizations in your community. These nonprofits may offer modest cash assistance to you or your loved ones to help pay for food, shelter, clothing and other necessities. Nonprofits sometimes also send volunteers to your home to provide no-cost caregiving and other services in order to make your situation more bearable.
You can obtain asbestos compensation by first filing a claim. Whether from lawsuits, insurance, benefits – compensation from these sources all begin with the filing of a claim. However, you must make sure you submit your claim by the applicable filing deadline. You also should seriously consider retaining the services of a skilled asbestos compensation lawyer or law firm to assist you with the claims process.
The filing deadline, formally known as the statute of limitations, is a law that establishes how much time you have to file your claim after diagnosis of or death caused by an asbestos-related illness. A statute of limitations deadline is usually very short and easy to miss unless you act promptly.
Missing a claim-filing deadline will likely cause you to lose your right to seek compensation. However, that is unlikely to happen if you are represented by an asbestos compensation lawyer or law firm with a record of handling a very large number of compensation claims filings over a long time. Weitz & Luxenberg P.C. is just such a firm. It is considered a top asbestos compensation law firm.
Asbestos lawyers at Weitz & Luxenberg P.C. have more than a quarter century of experience helping thousands of asbestos-injury victims like you obtain all types of asbestos compensation.
We take great pride in the caring and personalized attention each of our asbestos compensation clients receives.
We also take pride in the fact that our asbestos attorneys have obtained billions of dollars in various forms of asbestos compensation on behalf of our clients.
For a free consultation, please complete a contact form on this page, and a representative of our law firm will contact you as soon as possible.
For questions about asbestos compensation anywhere in the U.S., please call 800-476-6070.
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