What Damages Can I Be Awarded In An Asbestos Case?
Every year, about three thousand new people are diagnosed with mesothelioma cancer. Mesothelioma cancer affects the interior lining of a person's lungs and is a very painful form of cancer. According to the National Cancer Institute, smokers who have been exposed to asbestos also face a greater likelihood of being diagnosed with mesothelioma cancer. Since the 1970s, various medical studies have been conducted and show a connection between asbestos exposure and mesothelioma cancer. Call an asbestos lawyer today to determine whether you should file a worker's compensation claim against your employer for exposure to asbestos.
Types of Damages
The types of damages that you can be awarded in an asbestos case will depend on the types of injuries or illnesses you have suffered. One can obtain the following damages in an asbestos exposure case:
- Pain and suffering
- Punitive damages
- Compensatory damages
- Coverage for medical bills
- Coverage for chemotherapy treatments
Settling Outside of Court
Your mesothelioma attorney will likely want to settle your case outside of court. The majority of cases involving asbestos exposure and mesothelioma cancer never go to trial. If a case does go to trial, then your mesothelioma lawyer will prove that your company was liable for the mesothelioma cancer that you experienced as a result of asbestos exposure. If your lawyer is able to convince the jury that your company is liable, then the jury's job is to determine the amount of damages that you should receive.
After the jury has delivered a verdict for the plaintiff, then the jury may be given time to determine the amount of compensatory damages for the plaintiff. The jury will consider all of the economic losses that a plaintiff has suffered as a result of his or her injury. A person may be given compensatory damages for lost wages or for future lost wages. One may also be given funds to pay for loss of earning capacity if he or she can no longer work in a position.