August 27, 2018

Asbestos Claims Against the Navy

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Asbestos
Lung Cancer
Mesothelioma
Veterans

Pursuing Justice: Asbestos Claims Against the Navy

Delving into the legal landscape, this article explores the complex realm of asbestos claims against the Navy. Unraveling the impact of asbestos exposure among Navy personnel and the ensuing legal actions, we navigate through the challenges and opportunities for those seeking compensation.

During the 1930s through the 1970s, asbestos was desired for its fire and heat-resistant properties, which happened to be a key need on naval ships. From pipes across the ships to boiler rooms, floor tiles to insulation, asbestos was used everywhere it could be on Navy ships.

The unfortunate thing about this widespread use is that it meant that decades later, there would be thousands of U.S. Navy veterans who discovered they had mesothelioma and other asbestos-related diseases. Asbestos product manufacturers hid the knowledge they had about the harmful effects of asbestos, and it wasn’t until the late 1900s that the United States military was made aware.

The United States military made a point to halt the use of asbestos in future builds, but there is still asbestos remaining in many buildings and ships to this day. The presence of asbestos in ships and buildings continues to affect those currently in the United States Navy and its veterans.

Many veterans still do not know about the full implications of asbestos use in naval ships. This article will tell you everything you need to know about asbestos, asbestos-related diseases, and filing a claim to recoup financial losses caused by asbestos exposure.

The Navy’s Asbestos Efforts After 1970

When the United States Navy became aware of the harmful effects of asbestos, they started the Asbestos Medical Surveillance Program (AMSP). This was enacted to monitor the health of all veterans, merchant marines, and civilians who worked on Navy ships and who had likely been exposed to asbestos. The earlier an asbestos-related illness can be diagnosed, the better the prognosis could be.

Veterans Affairs (VA) also provides benefits and compensation for any Navy veterans exposed to asbestos during their military service and who became ill as a result. This can include:

  • Healthcare coverage
  • Disability compensation
  • Dependency and indemnity compensation
  • Special and monthly disability

These benefits can usually be obtained after providing the following to the VA:

  • Medical records that show your illness or disability
  • Service records that show your military job or specialty
  • A doctor’s statement that says there is a connection between your military service and your diagnosis

The only reason that veterans may not receive compensation for these things is if they were dishonorably discharged.

Asbestos diseases that are recognized and typically covered by the VA include:

How to File Mesothelioma or Asbestos Claims Against the Navy

Filing mesothelioma or other asbestos-related claims with Veterans Affairs isn’t as simple as filling out some paperwork. How everything is compiled and written matters a great deal. You could experience some disappointing results if you don’t have an experienced asbestos lawyer to help you get everything organized properly. Our lawyers can help you with this process and walk alongside you until you get results.

Why File in the First Place?

Mesothelioma and other asbestos-related illnesses are expensive. Between doctor’s appointments, treatments, and long-term care, there’s a lot of money involved in these cases. Getting compensation ensures that finances aren’t an added burden. These can typically be resolved within eight months to a year.

Compensation is determined by a veteran’s disability level and is interpreted on a percentage scale. Mesothelioma and other cancers are automatically granted a 100% disability rating. This disability compensation is then paid monthly. In December 2019, Veterans Affairs increased compensation, and the disability benefit for mesothelioma sufferers now starts at around $3,100 a month. This increases depending on the number of dependents. This disability compensation isn’t affected by a veteran’s age or household income, and it’s paid tax-free.

If a veteran is approved for disability, they are also usually granted access to free cancer treatment through the VA healthcare system.

How Filing with the VA Helps You File Asbestos Claims Against the Navy

According to the Feres Doctrine and the Federal Tort Claims Act, the United States military is protected from mesothelioma and asbestos lawsuits. While you can’t sue the United States Navy for their role in your exposure to asbestos and diagnosis, you can sue the companies liable for supplying the military with asbestos.

Many veterans have been compensated with thousands to millions of dollars by filing and winning lawsuits against the companies responsible for their asbestos-related illnesses. Having a knowledgeable and experienced asbestos lawyer provides you with the best chance to receive the same level of compensation for what you’ve endured. You have every right to seek this compensation, and we can help.

If a loved one passed away from mesothelioma or another asbestos-related illness, we can help you file a wrongful death claim, in which you could potentially receive compensation for:

  • Funeral and burial expenses
  • Remaining healthcare expenses
  • Lost wages
  • The value of the lost support your loved one provided
  • Inheritances lost by children
  • Loss of care felt by children
  • Pain and suffering that you’ve experienced

While we understand this doesn’t bring back your loved one, it can help relieve the financial burdens associated with their passing.

How We Can Help

At Serling & Abramson, P.C., we have spent the last 40+ years advocating and fighting for mesothelioma and asbestos claims against the Navy.

We have successfully recovered financial compensation for them that relieved the burden that they had felt previously. We pride ourselves on being the first and finest in Michigan for mesothelioma and asbestos litigation. We know the asbestos products that were used throughout Michigan and where the exposures occurred.