Key Takeaways
- Veterans have multiple avenues for financial recovery after toxic exposure, including VA benefits, asbestos bankruptcy trust funds, and civil lawsuits.
- Filing a civil lawsuit against product manufacturers does not impact your eligibility for VA disability compensation.
- The PACT Act has expanded VA health care and benefits for veterans exposed to toxic substances during their military service.
- Coordinating these claims requires a comprehensive legal strategy to maximize your overall compensation.
Veterans facing illnesses from asbestos and toxic exposure can pursue compensation through VA benefits, asbestos trust funds, and civil lawsuits; however, navigating these overlapping systems requires strategic legal representation to maximize your financial recovery without jeopardizing your government benefits.
Thankfully, our experienced legal team here at Rogers, Patrick, Westbrook & Brickman, LLC can help you and your family coordinate these claims effectively.
Understanding VA Benefits for Toxic Exposure
Many veterans developed severe health conditions due to exposure to hazardous materials during their service. Hence, the Department of Veterans Affairs (VA) provides disability compensation for veterans who have illnesses directly caused by contact with asbestos and other toxic substances while in the military, with compensation taking the form of tax-free monthly payments.
The passage of the PACT Act significantly expanded VA health care and benefits for veterans exposed to burn pits, Agent Orange, and other harmful substances. This law added over 20 new presumptive conditions, meaning eligible veterans do not have to prove their military service caused their illness to receive VA health care and benefits.
Civil Lawsuits and Asbestos Trust Funds
While VA benefits provide essential support, they are often not the only source of compensation available. While veterans cannot sue the military or the government for their exposures, they can pursue civil action against the private companies that manufactured and supplied the dangerous products.
- Civil Lawsuits: If you were exposed to asbestos-containing products or faulty equipment, you might have grounds for a product liability lawsuit against the manufacturers.
- Asbestos Trust Funds: Many asbestos companies filed for bankruptcy to avoid lawsuits. In response, courts forced these companies to establish multi-billion-dollar trust funds to compensate current and future victims.
Filing a civil claim or receiving money from a trust fund does not reduce or affect your VA disability payments. In fact, pursuing mesothelioma litigation can provide substantial financial relief to cover your medical bills, lost wages, and pain and suffering.
Coordinating VA Claims and Civil Representation
Managing multiple legal and administrative claims simultaneously can be overwhelming; a coordinated approach can help you gather the evidence (such as service records and medical documentation) you need for a VA claim or civil lawsuit.
Rogers, Patrick, Westbrook & Brickman, LLC has documented experience handling high-stakes cases and complex injury claims, such as the lawsuit involving water contamination at Camp Lejeune. We advocate for veterans who were issued faulty equipment or exposed to toxic materials, and by aligning your civil claims with your VA benefits strategy, we can work toward achieving the maximum possible recovery for you and your family.
Frequently Asked Questions
Can I file a civil lawsuit if I am already receiving VA disability benefits?
Yes. Receiving VA disability compensation does not prevent you from pursuing a civil lawsuit against the manufacturers of toxic or defective products.
What types of illnesses are covered by asbestos trust funds?
Asbestos trust funds typically cover mesothelioma, lung cancer, asbestosis, and other related respiratory conditions caused by asbestos exposure.
Do I have to choose between a trust fund claim and a lawsuit?
No. Depending on the products you were exposed to, you may be able to file claims with multiple asbestos trust funds while also pursuing lawsuits against companies that are still actively in business.
Schedule Your Free Consultation – Contact Rogers, Patrick, Westbrook & Brickman, LLC
If you or a loved one suffered harm from toxic exposure during military service, you deserve dedicated legal support. Call Rogers, Patrick, Westbrook & Brickman, LLC at 843-727-6500 or fill out our online contact form to schedule your free personal injury consultation. We have office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina.