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Home > Law mesothelioma > Mesothelioma compensation claims

Mesothelioma compensation claims

Unfortunately, employers and companies knew for decades that working with asbestos on a regular basis was dangerous, but they said nothing and allowed their employees to work with asbestos without protection, putting them at risk for mesothelioma. Because of the long latency period of the cancer, these employees were unaware that they had the disease until now, 30 or 40 years after their exposure, when the symptoms of the disease have started to manifest, and they learn, too late, that they have a deadly cancer that was caused by asbestos many years ago.

As a result, mesothelioma sufferers can file for mesothelioma compensation to help defray the costs of their medical treatment, to compensate them for their pain, suffering, and mental anguish, and to secure their families’ financial future after they are gone. Juries have awarded mesothelioma sufferers billions of dollars in damages. Many companies have set aside funds to compensate people who have been injured by their asbestos products.

Victims of asbestos injuries are entitled to compensation from the manufacturers of asbestos. The amount of compensation varies in each individual case, but it is often a significant amount of money-as much as six or seven figures. This mesothelioma compensation is not a windfall. If you are suffering from an asbestos disease, you are most likely doing so through no fault of your own. Asbestos companies covered up the fact that asbestos is hazardous, and made billions of dollars peddling deadly products. You, the unsuspecting user, are now paying the ultimate price.

Many effects of toxic asbestos exposure are permanent and irreversible. Although the law seeks to place an injured person in the position he or she was in before an injury, this usually is not possible. Instead, economic compensation thought to be equivalent to the victim's damage is awarded.

Some different types of compensation include:

  • The cost of past and future medical care;
  • The cost of necessary rehabilitation;
  • Lost past and future wages;
  • Lost earning capacity;
  • Lost enjoyment of life;
  • Emotional distress; and,
  • Past and future pain and suffering.

Another kind of damages that plaintiffs injured by asbestos may be able to recover are "punitive" damages. Punitive damages are intended not to compensate the victim for his or her losses, but to punish the defendant's wrongful conduct. Although punitive damage awards receive a lot of media attention, they are in fact quite rare. The amount of punitive damages awarded is usually based on the wealth of the defendant and the magnitude of its wrongful conduct. Some states require that a portion of punitive damages awards be paid to the state.

Compensation varies significantly with the average case settling between $750,000 and $8 million. The amount of compensation depends on many factors including:

  • The length of exposure
  • The products exposed to
  • Dates of exposure
  • Locations of exposure
  • Lawyer or attorney resources
  • Amount of documentation

Mesothelioma compensation is determined by a number of factors, including medical expenses, lost wages, pain and suffering, state law and the responsible parties. There have been a number of steps taken to reform the mesothelioma compensation process. Many believe that a global settlement model is needed to ensure that future mesothelioma claimants are able to receive compensation for their suffering. Congress is currently considering the Fairness in Asbestos Injury Resolution Act, legislation prompting the establishment of a $140 billion mesothelioma compensation trust fund through which mesothelioma victims receive compensation for their pain and suffering. The "FAIR" act has evolved from previous attempts at setting up a trust fund, all of which have failed because of the inability of defendant corporations, insurance companies and claimant attorneys to reach a consensus on an acceptable global compensation structure.

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