In the aftermath of a mesothelioma diagnosis, you and your family likely face financial and emotional difficulties.
There is little the law can do to remedy the emotional burdens, but there are two legal options available to allow access to financial compensation for the victims and their families.
Personal injury lawsuit
Personal injury law allows the victim to sue the company that exposed employees or visitors to asbestos, the only known cause of mesothelioma. As the plaintiff, the burden of proof falls on the victim. If you filed the lawsuit, you must prove to the judge and insurance company that the company exposed you to an amount of asbestos substantial enough to cause your illness. Given the significant timeframe between exposure and diagnosis, collecting evidence without legal representation can be difficult.
Wrongful death lawsuit
The estate of a person who died as a result of mesothelioma can file a wrongful death lawsuit, seeking damages for financial losses as well as non-economic losses.
There are some basic recoverable damages from personal injury and wrongful death cases. Examples include:
- Cost of medical care, including current medical bills and the cost of continued treatment
- Total of present and future lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment in life
In a wrongful death case, the estate can also request the cost of funeral expenses and the loss of inheritance, companionship, and benefits. The family members can even claim the loss of love and nurturing provided by their deceased family member.
The damages may vary depending on the specific circumstances of your case.