Veterans generally can’t sue the U.S. military for injuries connected to active-duty service, including illnesses linked to asbestos exposure. However, veterans and their families may still have options for pursuing compensation. Contact The Gori Law Firm for a free consultation to discuss your next steps.
- Veterans generally can’t sue the U.S. military for service-related asbestos exposure because of the Feres doctrine.
- Compensation may still be available through VA benefits, asbestos trust funds, and lawsuits against asbestos product manufacturers.
- To qualify for VA disability compensation, a veteran typically must have a diagnosed condition linked to asbestos exposure during military service.
- If a veteran dies from a service-connected asbestos-related illness, surviving spouses, children and parents may be eligible for benefits or other compensation.
- Our mesothelioma lawyers can file VA claims and help veterans and families explore every available path to recovery.
Can I Sue the Military for My Asbestos Exposure?
No. Veterans generally can’t sue the military for asbestos-related illnesses tied to their service. Under the Feres doctrine, the federal government is typically protected from claims involving injuries that occur during active duty. That said, other paths to compensation may be available. The Gori Law Firm helps veterans and families impacted by asbestos exposure identify their options and pursue financial recovery. Contact us today for a free consultation.
What Types of Compensation Options Are Available for Veterans Diagnosed With Mesothelioma?
Although veterans typically cannot sue the military, they may still pursue compensation through other means, such as VA benefits, asbestos trust fund claims, or lawsuits against responsible third parties.
VA Benefits
Veterans diagnosed with mesothelioma or other diseases caused by asbestos exposure during military service may be eligible for VA benefits. These benefits may include:
- VA disability compensation: Veterans with service-connected mesothelioma, lung cancer, or severe asbestosis may qualify for a 100 percent disability rating.
- VA health care: Provides coverage for routine checkups, specialist visits and other medical needs.
- VA pension benefits: These needs-based payments provide monthly support to wartime veterans aged 65 and older with income and resources below the congressional limits. A service-connected asbestos exposure is not required.
- VA housebound benefits: Veterans who must remain home most of the time due to a permanent disability may receive additional monthly payments.
- VA Dependency and Indemnity Compensation (DIC): This benefit offers monthly compensation to eligible family members when a veteran dies from mesothelioma or other diseases linked to asbestos exposure during service.
Asbestos Trust Fund Claims
Asbestos trust funds are established by bankrupt manufacturers of asbestos-containing products to support individuals who develop illnesses due to asbestos exposure. For veterans diagnosed with mesothelioma, filing a claim with a trust fund can provide a quick path to financial support. Asbestos trust fund claims often resolve more quickly than lawsuits, providing faster access to funds for medical bills and other necessary expenses. While payouts are usually smaller than what a lawsuit may offer, filing a trust fund claim does not prevent veterans from seeking additional potential compensation through a lawsuit.
Asbestos Lawsuits and Wrongful Death Lawsuits
Asbestos lawuits and wrongful death lawsuits give veterans and their families a way to seek compensation for damages that may not be covered or fully covered by VA benefits. Because the military is protected from these claims under the Feres doctrine, the legal actions are directed at other parties, including manufacturers of asbestos-containing products. These lawsuits may provide compensation for medical expenses, medications, pain and suffering, and other related damages.
VA Disability Compensation
To be eligible for disability compensation based on asbestos exposure, a veteran must:
- Have a health condition caused by asbestos exposure
- Experienced asbestos exposure during military service
Who Is Eligible To Collect Compensation?
If a veteran dies from a service-connected asbestos illness, surviving spouses, children, and parents may be eligible for compensation through several benefits programs. These programs include:
- Dependency and Indemnity Compensation (DIC)
- Reimbursement for funeral and burial expenses
- Health care coverage through CHAMPVA
- VA Survivors Pension
For more information on these programs, see our Mesothelioma VA Claims guide.
How Do I File a Claim for Compensation?
Claims can be filed online, by mail, or in person at the VA regional office near you. Claims may also be filed with the assistance of a trained professional, such as an experienced attorney, claims agent, or a Veterans Service Organization (VSO) representative.
Asbestos Manufacturer Lawsuits
In some situations, veterans and their families may find that government benefits are not enough to cover the costs associated with mesothelioma or other illnesses caused by asbestos. Filing a lawsuit against an asbestos product manufacturer or company may provide the financial support and resources necessary to handle the long-term impact of asbestos exposure.
Why File an Asbestos Exposure Lawsuit Against Asbestos Manufacturers or Companies?
Filing a lawsuit over asbestos exposure holds manufacturers and companies accountable for knowingly putting service members at risk and ensures they contribute to the financial and medical support of those affected. Many producers of asbestos-containing products throughout most of the 20th century concealed the dangers of asbestos from the public, allowing them to profit at the expense of those harmed.
Can I Sue for Asbestos Exposure Before Becoming Ill?
You cannot file a lawsuit for asbestos exposure until you receive a diagnosis of an illness related to that exposure. If you know or suspect you were exposed, you can protect your ability to file a future claim by collecting key information now. Consider documenting:
- Where you served and the time periods
- Your job title and responsibilities
- Descriptions of the buildings or assets you worked on
- Any additional relevant details
Why Choose The Gori Law Firm for Your Asbestos Lawsuit?
The Gori Law Firm is a nationally recognized mesothelioma law firm dedicated to providing clients with the support and resources they need throughout their cases. Since 2008, our team has handled thousands of cases, achieving results that have secured over $4 billion in compensation for individuals and families impacted by asbestos exposure. See what our clients say about us.
Contact Our Asbestos Lawyers Today
If you were diagnosed with mesothelioma or another asbestos-related illness after military service, our mesothelioma attorneys can review your case and help you understand your options for compensation.
Contact us online or call 618-659-9833 today for a free consultation.