An individual who has developed pleural mesothelioma suffers in many ways, including not only physically but financially. It’s a difficult diagnosis to handle and the repercussions it carries for the victim and his loved ones can be far reaching as the costs of treatment can quickly add up.
Without a doubt, someone is responsible for the victim’s asbestos exposure and, hence, the development of his/her disease. In most cases, this is cause for legal action and the filing of a claim against the responsible party or parties.
Reasons for the pursuit of an asbestos claim might include:
There are many rules surrounding the filing of an asbestos suit. Some involve state requirements or time constraints, so once a pleural mesothelioma diagnosis is made, those who wish to file a claim should do so in a timely manner and with a mesothelioma attorney who is well-versed in handling this type of claim. He/she will be able to best advise you how to proceed and what kind of claim to file.
There are three basic types of mesothelioma claims:
A worker's compensation claim is the most basic claim for compensation due to job-related illnesses or injuries that make it impossible to continue to work. Worker's compensation is governed by a combination of state and federal laws and is intended only to provide temporary assistance. This is a no-fault arrangement, and the worker agrees not to sue his or her employer for the injury and, in return, the employer guarantees the payments.
However, worker's compensation payments generally will not cover the many expenses associated with a pleural mesothelioma diagnosis. Therefore, it is usually not suggested as a way to seek restitution for an illness caused by asbestos exposure.
A personal injury lawsuit is common for those seeking compensation for injury caused by asbestos exposure. In such a suit, the victim can request compensatory damages, pain and suffering awards, and punitive damages.
Compensatory damages are defined as identifiable expenses and costs to the plaintiff, such as loss of income and medical expenses. Compensatory damages are often set by statute (different jurisdictions vary) and will usually withstand any court appeal that does not overturn a verdict entirely.
Pain and suffering awards are a bit trickier and much more subjective. It is this part of the lawsuit that generates the most negotiation between the parties involved in the suit. Though no particular amount is standard, an experienced asbestos attorney is skilled at obtaining a fair dollar amount for the pain and suffering caused by pleural mesothelioma.
Punitive damages may also be awarded to the plaintiff. They are primarily intended to punish the defendant above and beyond their direct culpability. The awarder of the damages is making a statement and hoping to make an example of the defendant, encouraging more responsible behavior in the future. Some states limit punitive damages; others do not allow them at all. The laws governing punitive damages often enter into the decision as to where to file the case.
Punitive damages can be quite large. Unfortunately, in mesothelioma claims where the case goes to trial and is later appealed, punitive damages are the settlement most often reduced or overturned by an appellate court.
A wrongful death claim is filed by the family members of a pleural mesothelioma victim after the person has passed away due to this asbestos-related disease. This happens quite often in mesothelioma cases, even those filed when the victim is alive, because the disease is usually not diagnosed until it has reached a late stage and death often comes within a year of that ominous diagnosis, long before the case can be organized and prepared for presentation.
Laws governing wrongful death suits vary from state to state and it takes an experienced asbestos attorney to handle these claims properly. Generally, these suits will seek monetary compensation for loss of life, loss of income/financial support, loss of prospective inheritance, medical expenses, funeral expenses and more. In addition, wrongful death suits may also sue for loss of companionship and pain and suffering. Punitive damages may be a part of this kind of lawsuit as well.
© 2010 PleuralMesothelioma.com | Last Modified Wednesday, March 24th, 2010 | | Editorial Staff | Disclaimer | Privacy Policy
