Can You Sue the Navy for Asbestos?

Not usually, but you can sue the shipbuilding company that used asbestos, at least in most cases. Other highways to maximum compensation are available as well. More on that below. The Navy began widespread asbestos use in the 1930s, after industrial and mining breakthroughs made a cheap and plentiful mineral even cheaper and more plentiful. The Navy stepped up asbestos use in the 1960s, after a series of onboard fires killed several hundred sailors. Asbestos use continued at that pace until the 1970s.

Asbestos exposure causes a number of diseases, such as mesothelioma, which are normally fatal. Furthermore, these fatal diseases usually blindside victims late in life. Because of the medical and emotional damage that asbestos exposure causes, a nationwide asbestos lawyer can usually obtain substantial compensation for these victims. Usually, these cases settle out of court, and on victim-friendly terms. These resolutions enable victims to obtain compensation faster and move on with the rest of their lives.

VA Disability

Basically, to obtain compensation in a VA disability case, a nationwide asbestos lawyer must prove the applicant has a service-related disability.

The service-related connection is occasionally straightforward in these matters if the applicant was deployed at a known military asbestos hotspot. However, most Naval asbestos cases involve gradual exposure aboard ships.

Assume Joe served aboard the USS Nimitz, an aircraft carrier completed in the early 1970s, when naval asbestos use was at its height. His deployment alone may be enough to establish a service-related connection. However, a nationwide asbestos lawyer probably needs additional evidence, such as buddy statements that prove asbestos exposure.

The VA uses a rating system to determine the percentage of disability (10%, 20%, 30%, etc.). Asbestos exposure diseases are normally fatal, which means they are normally 100% disabling. However, many VA doctors do not properly administer lung function and other tests that determine the degree of disability.

For these reasons, many lawyers partner with independent medical doctors who properly assess applicants and submit written reports.

VA disability benefits usually include a monthly cash stipend and free medical care at any VA medical facility. Usually, the cash benefits are retroactive to the disability onset date, which could be several years before the filing date.

Civil Claim

Asbestos did not magically appear on the Nimitz and other naval vessels. Shipbuilders usually placed it there, mostly in boiler rooms, ammunition storage areas, and other high-risk fire areas. Shipbuilders also used asbestos to insulate pipes and wires.

If the shipbuilder, and/or the company that provided asbestos-laced products to the shipbuilder, did not adequately warn end users about the dangers of asbestos, a nationwide asbestos lawyer can usually obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Substantial punitive damages are usually available in these matters as well.

The federal court litigation process is long, complex, and often frustrating. The good news is that most federal cases settle out of court. These resolutions are final resolutions. When defendants lose court cases, they usually appeal them. When defendants settle cases, they immediately write checks.

Fallback civil options include bankruptcy victim compensation fund claims and Social Security Disability claims.

Bankruptcy VCF claims are obviously an option if the responsible company declared bankruptcy and contributed to a VCF. SSD benefits, which are similar to VA disability benefits, are available if the applicant is disabled. There’s no need to prove a service-related or any other connection.

Contact a Hard-Hitting Attorney

Mesothelioma victims need and deserve significant compensation. For a free consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. Virtual, home, and hospital visits are available.