What Are the Factors That Determine Mesothelioma Compensation?
When we are contacted by clients for representation in an asbestos-related case whether it be lung cancer or mesothelioma, one of the considerations, in addition to establishing the liability, that is the responsible parties for the disease, we also have to evaluate the damages sustained by the client, the monetary damages. So in lawsuits, in these kinds of lawsuits, particularly, we cannot make the mesothelioma go away. We cannot bring back the health of our client. What we can do for our client is recover monetary damages to help with the strain, the financial strains that frequently go along with this type of diagnosis. So in that, in evaluating the damages, there are several factors that we look at. One is the pain and suffering and mental anguish that the person suffers as the disease progresses. Mesothelioma is a horrible, horrific disease, and it’s painful, and there is a lot of suffering that goes on to the final day. And so that is one of the elements of damage sustained by the client that we take into consideration. Another element of damage would be that of the loved ones. So not only has the person who has the diagnosis suffered, the wife and the children of the client have also suffered and they are entitled to recover damages for wrongful death. So we evaluate the relationship between the client and their family members and evaluate the damages sustained by them. Another factor that we look at in these cases is punitive damages. These companies knew as early as 1942 that asbestos was carcinogenic, and despite that knowledge, they continued to put this deadly toxic material out in the stream of commerce and subjected millions of Americans to exposure to a deadly toxin. They knew it was carcinogenic and because it was a cheap product and they could make money doing it, they did it anyway. So an element of damage that is seriously considered and a big part of every case is making those companies accountable for that conduct. You know, in criminal cases, accountability is jail time. In a civil case, we can’t put a company in jail. So in civil cases, accountability is money, and that’s how we attempt to hold these companies responsible and accountable for this gross conduct of exposing millions of Americans to a deadly toxin.
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