The most common question that people have when they consult an injury lawyer is what kind of compensation they are entitled to and what type of damages they should seek in a lawsuit. Without a thorough examination of your case, it is hard to give a definitive answer to this question, but there are two main forms of damages that may be awarded to plaintiffs by the court. The first is referred to as compensatory damages and is the most common type of damages awarded. Punitive damages may be awarded in addition to compensatory damages as well, but punitive damages are not always sought or awarded.
All of the costs that are incurred as a result of an injury are classified as compensatory damages. Compensatory damages sought in mesothelioma cases include bills for medical care, the cost of medication, compensation for time off of work and any other cost that may be attributed to the victim’s illness. By definition compensatory damages are never awarded in excess of the actual cost of the injury or illness, which means that the plaintiff will seek damages in the amount of the total financial cost and no more. The only exception to this is when damages are awarded for pain and suffering, which cannot be measured by financial means.
If an employer failed to provide workers with masks that would protect them from exposure to asbestos and employees developed medical conditions as a result, the failure of the employer to act is defined as negligence, but if the company was aware that its employees were becoming ill and refused to inform them of the hazard or to provide a safer working environment, the plaintiff may pursue punitive damages. When the plaintiff is able to argue that the liable party has committed especially heinous acts with ill intent, punitive damages are sought as a token measure to make an example of the company or individual who is being sued. These damages are awarded in addition to compensatory damages and the amount of compensation awarded in the form of punitive damages may vary greatly from case to case.
How much is my Case Worth?
Because each case is unique it is impossible to predict the value of your case or the type of damages that you may be entitled to without gathering more details. For this reason, it is important to discuss the circumstances of your case with a reputable mesothelioma lawyer who has prior experience to lean on when estimating the value of your case and the amount of compensation that should be sought. If punitive damages come into play, your case may be worth much more than originally thought.
Understanding the local and national laws applicable to asbestos & mesothelioma cases
We are dedicated to seeking the maximum amount of compensation for our clients that may be awarded under law. We will fight on your behalf to recover the cost of your medical care, time lost on the job and the costs that you are liable to incur in the future due to your condition. It is our mission to hold the parties responsible for mesothelioma accountable and to see that the victims of negligence and their families are compensated appropriately. To learn more, contact us today and we will set up a consultation free of charge in order to go over the details of your case and determine the appropriate course of action.