Written By: Devin Golden
Asbestos Lung Cancer Compensation
Asbestos lung cancer is one of the deadliest diseases and a direct result of corporate negligence. Thousands of Americans each year are diagnosed with lung cancer caused by asbestos exposure. They deserve compensation.
Reviewed By
Troy E. Walton
Personal Injury Attorney
Reviewed By
Troy E. Walton
Personal Injury Attorney
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Why People Qualify for Asbestos Lung Cancer Compensation
For most of the 20th century, asbestos was a major part of the manufacturing industry. Automobile brake linings, Navy ships, military aircraft, building insulation, roof tiles and shingles, and more were made using asbestos. The mineral is durable and fire–resistant, which protects buildings, ships, planes, automobiles and more from damage.
During the 1970s and 1980s the public was more aware that asbestos exposure causes cancer. People who worked with or near asbestos could breathe in stray fibers or swallow them without knowing. These fibers can get stuck in lung tissue or the lining near the lungs or abdominal cavity.
Lung cancer also takes 20-30 years to develop, so people exposed during the 20th century may not learn of their diagnosis until now. These victims are owed compensation to pay for lost wages, lung cancer treatment, costs preparing for funerals, debt, dwindling savings or retirement accounts, and legal fees.
Asbestos Lung Cancer Legal Claims
Asbestos lung cancer compensation usually comes from legal claims. These claims, made by the person with lung cancer or the family of a deceased patient, are against the companies that mined, manufactured, sold and used asbestos. These companies are responsible for compensation if they were part of the asbestos industry despite knowing it could cause cancer.
The two types of legal claims for asbestos lung cancer are: lawsuits and asbestos trust funds. These are used in different cases depending on the status of the defendant company. You should find an asbestos lawyer to help navigate the legal system and work on you and your family’s behalf.
Asbestos Lung Cancer Lawsuits
Asbestos lung cancer lawsuits are what most people think of when trying to get compensation for their asbestos disease. Asbestos lung cancer lawsuits are personal injury and wrongful death lawsuits, which are made against the companies or persons that committed harm to another person. Exposure to asbestos leading to lung cancer is considered a personal injury.
Some patients die before their asbestos lung cancer lawsuit begins. The average survival for asbestos lung cancer is 1-2 years, and around 25% of patients live for five years.
When patients die, the companies responsible are not absolved. Their family members can file a lawsuit for the impact caused to the family – and on the patient’s behalf. These asbestos lung cancer personal injury lawsuits for families are wrongful death claims.
Patients or families can file a lawsuit against any company that played a part in their asbestos exposure. This can lead to a lawsuit with claims against numerous asbestos defendants going on.
Asbestos Trust Funds for Lung Cancer
Asbestos trust funds are bank accounts with money set aside for the victims of asbestos exposure. Asbestos trust funds for lung cancer are used when the patient files a claim against a bankrupt company.
The 1980s and 1990s led to an onslaught of asbestos legal claims for people and families affected by lung cancer. These lawsuits were against the companies responsible for asbestos exposure. Those companies elected to avoid full legal and compensation responsibility by filing for Chapter 11 bankruptcy. A bankrupt company cannot be sued in the U.S. court system.
Bankruptcy courts decided to force these companies to create asbestos trust funds. These funds, created when they went bankrupt, would fund future victims of asbestos lung cancer.
Chapter 11 bankruptcy is called “reorganization” bankruptcy. Companies can conduct their businesses as usual even after filing for Chapter 11 bankruptcy. Asbestos manufacturing companies or other companies hit with asbestos claims sometimes use Chapter 11 bankruptcy to reorganize the company and create a trust fund that houses asbestos liabilities.
Veterans VA Compensation for Asbestos Lung Cancer
The VA, short for the U.S. Department of Veterans Affairs, provides healthcare options and monthly benefits to certain U.S. military veterans. VA compensation for veterans affected by asbestos diseases can pay for treatment, lost wages and other costs.
Asbestos was a common element in military ships and planes. Buildings also were made with asbestos, so any military service may have led to asbestos exposure. Veterans quite often develop asbestos lung cancer due to their time in the military.
Disability Compensation is a veterans VA compensation for asbestos lung cancer. This compensation is a monthly benefit for veterans exposed during their service. Veterans get at least $3,000 a month.
Another type of VA compensation for veterans with asbestos lung cancer is VA Pension. This is for veterans who were exposed mostly during civilian life and jobs, not while serving in the military. The monthly amount is less than Disability Compensation but still provides help to veterans with asbestos lung cancer.
Other VA compensation for asbestos lung cancer benefits the surviving loved ones of deceased veterans. This category includes spouses, children and parents.
Filing a VA claim can be difficult for veterans without experience working with the VA’s system. Fortunately, you or your family member with lung cancer can work with a VA claims expert for free.
Our on-staff VA-certified claims representative, retired Navy LCDR Carl Jewett, has helped thousands of veterans to get their claims approved. Reach out to him at this link today to get the help you need and the VA benefits you deserve.
Sources & Author
- Current VA disability compensation rates. U.S. Department of Veterans Affairs. Retrieved from: https://www.va.gov/disability/compensation-rates/. Accessed: 05/24/2022.
- Chapter 11 – Bankruptcy Basics. United States Courts. Retrieved from: https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics. Accessed: 05/24/2022.
