Veterans who have been diagnosed with mesothelioma due to asbestos exposure face unique challenges when it comes to securing compensation. As a veteran, you may be eligible for compensation through the Department of Veterans Affairs (VA) benefits or by pursuing a mesothelioma lawsuit. But which option is best for you? In this FAQ, we’ll compare VA benefits for mesothelioma victims versus lawsuits, helping you understand the differences, pros, cons, and eligibility requirements for each.
What Are Mesothelioma VA Benefits?
Asbestos exposure during military service is a leading cause of mesothelioma among veterans. The VA offers a range of benefits to help veterans diagnosed with mesothelioma, which may include healthcare, compensation, and other financial support.
Pros of VA Benefits
- Guaranteed Eligibility for Veterans: If your mesothelioma diagnosis is linked to military service, you may be eligible for VA benefits.
- No Need to Prove Fault: VA benefits are provided without the need to prove that someone else was at fault for your exposure.
- Ongoing Healthcare: VA benefits provide access to specialized care for veterans with mesothelioma, including treatments not covered by private insurance.
- Monthly Compensation: Veterans can receive monthly disability compensation based on the severity of their condition.
Who Can Qualify for VA Benefits?
To qualify for mesothelioma-related VA benefits, you must meet certain criteria, such as:
- A diagnosis of mesothelioma or another asbestos-related disease.
- Exposure to asbestos during military service (e.g., Navy, Army, or other branches).
“The VA will actually presume with certain trades and occupations that their exposure was a result of their military service. So, if you were an airman or you were a machinist’s mate, you name it, they presume that your exposure was a result of your service.”
What Is a Mesothelioma Lawsuit for Exposed Veterans?
A mesothelioma lawsuit is a legal claim filed against companies responsible for exposing you to asbestos. If you were exposed to asbestos during your military service or in civilian life, you may be eligible to pursue a lawsuit against the negligent parties.
Pros of a Mesothelioma Lawsuit
- Potential for High Compensation: Lawsuits can result in significant financial compensation, especially in cases involving negligence or wrongdoing by companies.
- Ability to Hold Companies Accountable: Filing a lawsuit allows you to seek justice and hold the responsible parties liable for their actions.
- Punitive Damages: If the company’s conduct was egregious, you may be awarded punitive damages in addition to compensatory damages.
Who Can File a Mesothelioma Lawsuit?
Any veteran diagnosed with mesothelioma due to asbestos exposure may be eligible to file a lawsuit, as well as the family members of veterans who have passed away from mesothelioma.
Can You Sue the Military for Asbestos Exposure?
Unfortunately, you cannot sue the military directly for asbestos exposure. However, you can file lawsuits against third-party companies that sold, provided, or distributed asbestos products to the military, such as manufacturers of asbestos-containing equipment or materials.
What’s the Difference Between Mesothelioma VA Benefits and Lawsuits?
While both options provide compensation for veterans, there are some key differences between mesothelioma VA benefits and pursuing a lawsuit.
VA Benefits vs. Lawsuits: Key Differences
- Eligibility and liability: VA benefits are specifically for veterans or their survivors for asbestos exposure during service. If a veteran passes away from a service-connected illness like mesothelioma, their surviving spouse, children, or even parents may be eligible for benefits such as Dependency and Indemnity Compensation (DIC) and monthly compensation. In contrast, lawsuits can be filed by veterans or their surviving family members against companies responsible for asbestos exposure and these may involve non-military exposure.
- Process: VA benefits are typically less time-consuming and involve less paperwork than lawsuits. However, pursuing a lawsuit may allow for higher compensation.
- Compensation Amount: VA benefits offer set compensation rates based on the severity of the illness, while lawsuit settlements or verdicts can result in larger, potentially more flexible payouts.
- Ease of Access: VA benefits are easier to access, as they don’t require proving fault, whereas lawsuits require proving that a company is responsible for your exposure.
Can Veterans Pursue Both VA Benefits and a Mesothelioma Lawsuit?
Yes, veterans can pursue both VA benefits and a mesothelioma lawsuit simultaneously. Many veterans file a claim for VA benefits for immediate healthcare and compensation, while also pursuing a lawsuit against responsible companies to secure additional financial support.
How Do You Know Which Veteran Compensation Option is Right for You?
Choosing between VA benefits and a mesothelioma lawsuit depends on your individual circumstances. Factors like your diagnosis, military service details, and the companies involved in your asbestos exposure will help determine the best course of action.
An experienced mesothelioma attorney can help guide you through this decision, ensuring you understand all the legal options available to you and helping you secure the compensation you deserve.
Why Choose Our Firm for Your Military Asbestos Exposure Case?
The Lanier Law Firm is committed to helping veterans navigate the complex legal process of mesothelioma claims. Our attorneys are experienced in both VA claims and mesothelioma lawsuits, and we will work tirelessly to ensure you receive the maximum compensation available.
We have a proven track record of securing notable settlements and verdicts for asbestos cases, and our clients consistently testify to the highest standard of service provided by our firm.
Our mesothelioma lawyers will travel to you for convenient on-site consultations, providing legal services nationwide.
We charge no fees upfront. You will only pay us if we win your case and secure compensation for you and your family.
For personalized legal care, contact The Lanier Law Firm at 800-723-3216 or visit our contact page to schedule a free consultation.