8 Forms of Damages You Can Claim in a Mesothelioma Lawsuit

If you’ve been diagnosed with mesothelioma after exposure to asbestos, you’re likely facing overwhelming physical, emotional, and financial challenges. Besides dealing with a life-threatening illness, you’re also confronted with the high costs of medical treatments and lost income. 

Fortunately, if your mesothelioma is the result of asbestos exposure due to negligence or wrongdoing by a company or employer, filing a lawsuit may provide you with much-needed financial compensation. Below, we’ll take a look at eight key types of compensation you may be able to claim through a mesothelioma lawsuit.

Medical Expenses

The most immediate financial concern for mesothelioma victims is the high cost of medical treatment. From diagnostic tests to surgeries, chemotherapy, radiation, and ongoing care, mesothelioma treatment can run into the hundreds of thousands of dollars. Fortunately, a mesothelioma lawsuit can help recover these costs.

You may be entitled to compensation for both past and future medical expenses. Past expenses refer to the medical treatments you’ve already received, while future expenses account for any ongoing treatments you will need, such as regular follow-up visits, pain management, or experimental treatments.

Lost Wages

Mesothelioma can severely affect your ability to work. Whether you’ve had to reduce your hours or stop working altogether, lost wages are a significant financial burden. In a mesothelioma lawsuit, you can claim compensation for wages you’ve already lost due to your diagnosis, as well as any future loss of earnings if your illness prevents you from working in the future. For individuals who are unable to work at all due to the severity of their symptoms, the compensation can cover the entire loss of income moving forward.

Pain and Suffering

One of the most distressing aspects of mesothelioma is the excruciating pain and suffering that accompanies the disease. A mesothelioma compensation aims to acknowledge the physical pain, emotional distress, and diminished quality of life you experience as a result of the illness. 

Pain and suffering are often assessed based on the severity of your symptoms, the impact on your daily life, and the duration of your illness. A judge or jury will determine an appropriate amount for this type of compensation based on these factors.

Emotional Distress

Along with physical pain, mesothelioma often leads to significant emotional distress, including anxiety, depression, and feelings of hopelessness. Being diagnosed with a terminal illness can cause severe psychological trauma, not only for the individual but for family members as well. Compensation for emotional distress is designed to help address the psychological toll the disease takes on your mental well-being and to ease the burden on you and your loved ones.

Loss of Consortium

If you are married or in a long-term relationship, your spouse may be entitled to loss of consortium damages. These damages compensate for the loss of companionship, emotional support, and physical intimacy that is often impacted when one partner is diagnosed with a serious illness like mesothelioma. While this claim is generally made by the spouse of the individual diagnosed, it may also extend to other family members who suffer a loss of support.

Funeral and Burial Costs (Wrongful Death)

In the unfortunate event that a mesothelioma patient passes away, their surviving family members may be entitled to funeral and burial costs as part of a wrongful death claim. These expenses can quickly add up, with funeral services, burial plots, and related fees often reaching thousands of dollars. In addition to these immediate costs, the surviving family members may be eligible for additional compensation to cover their own emotional and financial hardships caused by the loss.

Punitive Damages

Punitive damages are intended to punish the defendant for particularly egregious behavior, such as knowingly exposing workers to asbestos or failing to warn employees about the risks. Unlike other forms of compensation that focus on making the victim whole again, punitive damages are designed to deter the defendant and others from engaging in similar reckless actions in the future.

Not every mesothelioma case will result in punitive damages, but if the defendant’s conduct was exceptionally negligent or malicious, they could be awarded in addition to other compensatory damages.

Asbestos Trust Fund Compensation

In some cases, companies that manufactured or used asbestos have established trust funds to compensate victims without the need for a lengthy lawsuit. These funds were created after many companies filed for bankruptcy due to the large number of asbestos claims they faced.

If you were exposed to asbestos by a company that has a trust fund in place, you may be able to file a claim directly with the trust, bypassing the court system. While compensation from asbestos trust funds can be a faster way to receive financial relief, the amount you can claim will depend on the specific trust fund and its financial resources.

Endnote

A mesothelioma lawsuit can be a significant financial compensation to help cover for every cost associated with your diagnosis and treatment. However, every mesothelioma case is unique and the amount you can claim will depend on various factors. These factors include the details of your exposure, the severity of your illness, and the financial resources of the defendant.

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