As we honor the brave men and women who served our country, we must also acknowledge the dangers they faced while performing their duties. Among the risks encountered by our military personnel is exposure to asbestos, a toxic mineral known to cause mesothelioma, a rare form of cancer that affects the lining of the lungs, heart, and abdomen.
Veterans with mesothelioma are entitled to seek justice against the entities responsible for their exposure to asbestos. However, many veterans and their families are unaware of their legal rights and how mesothelioma lawsuits work. In this article, we will discuss the eligibility of veterans for a mesothelioma lawsuit and provide essential information that can help them pursue the compensation they deserve.
What is Mesothelioma?
Mesothelioma is a type of cancer that develops in the lining of the body’s internal organs. The most common form is pleural mesothelioma, which affects the lining of the lungs. The second most common type is peritoneal mesothelioma, which affects the lining of the abdomen. Other types of mesothelioma include pericardial mesothelioma and testicular mesothelioma, which affect the lining of the heart and the testicles, respectively. Mesothelioma is primarily caused by exposure to asbestos, a naturally occurring mineral once widely used in various industries, including construction, manufacturing, and shipbuilding.
How does Asbestos exposure affect veterans?
Veterans are among the high-risk groups for asbestos exposure. Asbestos was widely used in military installations and ships, and many veterans were exposed to the toxic mineral during their service. According to the Department of Veterans Affairs (VA), veterans who served in the following branches and capacities are at higher risk of asbestos exposure:
| Branch of Service | Occupations |
|---|---|
| Army | Construction, demolition, and mechanic work |
| Navy | Shipbuilding and repair, boiler rooms, and firefighting |
| Air Force | Mechanic work, construction, and demolition |
| Marines | Demolition, machine operators, and vehicle maintenance |
Asbestos exposure can cause mesothelioma, lung cancer, asbestosis, and other respiratory diseases. Symptoms of mesothelioma may not appear for up to 50 years after exposure, making diagnosis difficult. However, early detection and treatment can improve a patient’s prognosis.
Can Veterans with Mesothelioma file a Lawsuit?
Yes, veterans with mesothelioma can file a lawsuit against the companies that exposed them to asbestos. Mesothelioma lawsuits typically seek compensation for medical expenses, lost wages, pain and suffering, and other damages incurred by the patient and their family.
Eligibility for Filing a Mesothelioma Lawsuit
To be eligible for a mesothelioma lawsuit, veterans must fulfill the following requirements:
Proof of Asbestos Exposure
Patients must provide evidence of their exposure to asbestos during their military service, such as service records, medical records, and witness statements. Asbestos manufacturers and distributors may also be held liable for their negligence in exposing veterans to the toxic mineral.
Diagnosis of Mesothelioma
Patients must have a medical diagnosis of mesothelioma, confirmed through imaging tests, biopsies, and other medical procedures. A mesothelioma specialist can provide an accurate diagnosis and suggest treatment options.
Statute of Limitations
The statute of limitations for filing a mesothelioma lawsuit varies depending on the state and the circumstances of the case. Generally, patients have between one and five years from the date of diagnosis or discovery of their illness to file a lawsuit. It is crucial to consult an experienced mesothelioma attorney to determine the appropriate statute of limitations for a specific case.
Compensation for Veterans with Mesothelioma
Veterans with mesothelioma may be eligible for compensation from the companies that exposed them to asbestos. Mesothelioma lawsuits can result in substantial settlements or verdicts that can help cover the medical costs and other damages incurred by the patient and their family.
The amount of compensation awarded to veterans with mesothelioma depends on various factors, including the severity of the illness, the extent of the exposure to asbestos, the patient’s age and health condition, and the degree of negligence on the part of the asbestos company. An experienced mesothelioma attorney can provide a realistic estimate of the compensation that a patient may receive based on their specific case.
FAQs
Can veterans receive VA benefits for mesothelioma?
Yes, veterans with mesothelioma may be eligible for VA benefits, including disability compensation, healthcare, and vocational rehabilitation. The amount of benefits depends on the veteran’s disability rating and the severity of their illness. Veterans and their families can apply for VA benefits through the VA website or by contacting their local VA office.
How do I find out if I have been exposed to asbestos?
If you served in the military or worked in an industry that used asbestos, you may have been exposed to the toxic mineral. Symptoms of mesothelioma may not appear for decades, so it is essential to monitor your health and seek medical attention if you experience respiratory problems, chest pain, or other symptoms. You can also request medical screening for mesothelioma and other asbestos-related illnesses through the VA or a private healthcare provider.
What is the average settlement for a mesothelioma lawsuit?
The average settlement or verdict for a mesothelioma lawsuit varies widely, depending on the factors mentioned earlier. However, mesothelioma lawsuits have resulted in awards ranging from thousands to millions of dollars, with some cases reaching the hundreds of millions.
How long does a mesothelioma lawsuit take?
The duration of a mesothelioma lawsuit depends on various factors, such as the complexity of the case, the number of defendants involved, and the court’s schedule. Some mesothelioma lawsuits can be resolved within a few months, while others may take several years. An experienced mesothelioma attorney can provide a realistic timeline for a specific case.
Can I file a mesothelioma lawsuit on behalf of a deceased family member?
Yes, family members of a deceased person who had mesothelioma can file a wrongful death lawsuit against the companies responsible for their loved one’s asbestos exposure. Wrongful death lawsuits seek compensation for the financial and emotional damages incurred by the family, such as funeral expenses, medical bills, and loss of income.
Do I need to go to court for a mesothelioma lawsuit?
Not necessarily. Many mesothelioma lawsuits are settled out of court through negotiations between the parties involved. However, if an agreement cannot be reached, the case may go to trial, where a judge or jury will decide the outcome.
What should I look for in a mesothelioma attorney?
When looking for a mesothelioma attorney, it is essential to consider their experience, track record, and reputation in handling mesothelioma cases. You should also look for an attorney who offers a free consultation and works on a contingency fee basis, meaning they only get paid if you receive compensation. Additionally, you should feel comfortable communicating with the attorney and confident in their ability to represent you in court.
Can I afford a mesothelioma attorney?
Yes, many mesothelioma attorneys work on a contingency fee basis, meaning they do not charge upfront fees and only get paid if you win compensation through a settlement or verdict. The attorney’s fee typically ranges from 25% to 40% of the compensation amount.
What should I do if I have been diagnosed with mesothelioma?
If you have been diagnosed with mesothelioma, the first step is to seek medical attention from a mesothelioma specialist who can provide an accurate diagnosis and recommend treatment options. You should also consult an experienced mesothelioma attorney who can help you understand your legal rights and options for seeking compensation.
How can I prove my asbestos exposure?
To prove your asbestos exposure, you must provide evidence, such as service records, medical records, and witness statements, that show you worked in a job or served in the military where you were exposed to asbestos. Additionally, an experienced mesothelioma attorney may conduct investigations and gather information to support your case.
Can I file a mesothelioma lawsuit if I smoked?
Yes, you can still file a mesothelioma lawsuit if you smoked or had a history of smoking. However, smoking may affect the amount of compensation you receive, as it can increase your risk of lung cancer and other respiratory diseases.
What is the difference between a settlement and verdict?
A settlement is an agreement between the parties involved in a lawsuit, where the defendant agrees to pay a certain amount of compensation to the plaintiff. A verdict, on the other hand, is a decision reached by a judge or jury after a trial. Verdicts can result in higher compensation amounts than settlements but involve more time, resources, and uncertainty.
Can mesothelioma be cured?
Currently, there is no known cure for mesothelioma. However, treatment options such as surgery, chemotherapy, and radiation therapy can help manage the symptoms and prolong a patient’s life. Mesothelioma patients can also participate in clinical trials of new treatments and therapies.
What is the outlook for mesothelioma patients?
The outlook for mesothelioma patients depends on various factors, such as the stage of the illness, the patient’s age and overall health, and the response to treatment. The five-year survival rate for mesothelioma is around 15%, but some patients have lived for several years or even decades after diagnosis.
Conclusion
Veterans with mesothelioma have the legal right to seek compensation for the damages caused by their exposure to asbestos. It is crucial for veterans and their families to be aware of their eligibility for a mesothelioma lawsuit and to consult an experienced mesothelioma attorney who can provide guidance and representation. By taking action and pursuing their legal rights, veterans with mesothelioma can obtain the financial support and justice they deserve.
If you or a loved one is a veteran with mesothelioma, do not hesitate to contact a mesothelioma attorney today. Your legal rights and health are worth fighting for.
Closing/Disclaimer
This article is for informational purposes only and should not be considered legal advice. The information provided does not create an attorney-client relationship and should not be relied upon as a substitute for professional legal advice. The facts and circumstances of each case may differ, and the laws and regulations governing mesothelioma lawsuits may vary by state. It is essential to consult an experienced mesothelioma attorney who can evaluate your case and provide accurate legal advice based on your specific circumstances.
