Mesothelioma Lawyer Questions 36-40
Can I Apply for Veterans Benefits in Addition to Filing a Lawsuit?
Yes, veterans can apply for veterans benefits in addition to initiating a mesothelioma lawsuit against manufacturers and suppliers who supplied asbestos to the military. The payment of veterans benefits will be decided by a rate table that takes into consideration the severity of the veteran’s disability and whether the veteran has any dependent loved ones. To qualify for veterans benefits, a person must prove that their mesothelioma or related illness is related to asbestos exposure during the course of service. A seasoned attorney can prove particularly helpful in applying for these benefits. Once granted, these benefits provide veterans several advantages including compensation to free VA medical care.
Will Filing a Mesothelioma Lawsuit Hurt the Military?
No, a mesothelioma lawsuit will not hurt the military because a mesothelioma claim will likely not be filed directly against the military. Federal rules almost always bar people who are injured during military service from initiating a legal action against the military or any other part of the federal government. Instead of initiating a legal action against the government, an attorney will often commence legal action against the party that manufactured or supplied the military with asbestos. Because the military will not be involved directly as a party in a mesothelioma lawsuit, a mesothelioma claim against asbestos manufacturers will not have any impact to the military.
Will I Be Suing My Former Commanding Officer?
No, it is very unlikely that a person who files a mesothelioma lawsuit will bring a claim against a former commanding officer or that the former commanding officer will even be named in the lawsuit. It is also very unlikely that a person will file a claim directly against the military, since with very few exceptions, the constitution does not allow individuals to initiate these types of claims. Instead, a lawsuit will be directed to the company that manufactured or supplied the military with asbestos, which led to the veteran’s diagnosis of mesothelioma or other type of asbestos related disease. An attorney knowledgeable in these matters will respect the great service our veterans provided to the country and will answer any questions they might have about the relationship between a mesothelioma lawsuit and the military.
If I Pass Away Before My Lawsuit Is Complete Will My Family Receive the Compensation?
Yes, a family will receive compensation if a person passes away from mesothelioma or a related illness prior to the conclusion of a lawsuit. Lawsuits that are brought by the survivors of a person who has passed away are referred to as wrongful death cases because in this case asbestos manufacturers and suppliers were responsible for failing to tell the person about the dangers of asbestos exposure. Wrongful death lawsuits can be particularly helpful in providing compensation for the financial hardship caused by the death of a loved one. If a lawsuit is not already underway, survivors of a person who died from mesothelioma or another related illness must remember to initiate the lawsuit as soon as possible after the death of the loved one. A strong mesothelioma attorney will be able to explain how wrongful death lawsuits work and the manner in which a deceased mesothelioma victim’s loved ones will collect compensation.
What Happens If the Person Responsible for My Asbestos Exposure Is Bankrupt?
While a person might not be able to directly initiate a lawsuit against a company that has filed for bankruptcy, there are often still ways for a person with mesothelioma to receive compensation if the responsible company declared bankruptcy. In many cases, manufacturers of asbestos were required to create a fund so the people who were diagnosed with mesothelioma or other associated illnesses could receive compensation. The only downside to receiving compensation from a trust is that individuals frequently receive only a percentage of what the person would have received if the company had not declared bankruptcy. A skilled lawyer, however, can make sure that a person receives the maximum amount possible for compensation of mesothelioma.
