What Types of Compensation Are Available in a Mesothelioma Lawsuit?

A mesothelioma diagnosis can create significant financial and personal challenges for patients and their families. Compensation in a mesothelioma lawsuit may help address losses related to medical treatment, lost income, pain and suffering, and other damages caused by asbestos exposure. The specific types of compensation available depend on the facts of the case, the applicable law, and the evidence establishing liability.

In Pennsylvania, asbestos cases can involve multiple defendants, and current Pennsylvania law addresses how liability may be apportioned in exposure-related tort cases.

What Types of Compensation Can a Mesothelioma Lawsuit Provide?

Compensation in a mesothelioma case generally falls into several categories.

These can include:

• Medical expenses
• Lost wages and earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress and other noneconomic losses
• Loss of consortium in appropriate cases
• Certain damages suffered by surviving family members after a death
• Punitive damages in cases where the legal requirements are met

Not every case will involve every category. A lawyer evaluating a claim will look at the patient’s diagnosis, exposure history, financial losses, family circumstances, and the conduct of the companies involved.

Compensation for Medical Expenses

Mesothelioma treatment can involve substantial medical expenses.

Depending on the circumstances, damages may account for medical costs associated with diagnosing and treating the disease. These can include expenses related to:

• Doctor appointments
• Hospital stays
• Surgery
• Chemotherapy
• Immunotherapy
• Radiation
• Prescription medications
• Rehabilitation
• Supportive and palliative care
• Transportation related to medical treatment

Medical expenses may include both past expenses and reasonably expected future expenses, depending on the evidence presented in the case.

Pennsylvania courts recognize medical expenses as a category of damages in civil injury cases.

Compensation for Lost Wages

Mesothelioma can make it difficult or impossible for someone to continue working.

A patient may need to reduce their hours, take extended time away from work, or stop working entirely while undergoing treatment.

A mesothelioma claim may seek compensation for income lost because of the disease.

This can include lost wages from the time of diagnosis and, depending on the circumstances, losses related to future earning capacity.

The financial impact can be especially significant when mesothelioma affects someone who was still working or supporting a family.

Compensation for Pain and Suffering

Mesothelioma can cause significant physical symptoms and can require extensive medical treatment.

Compensation for pain and suffering is intended to address the physical and emotional effects of an injury or disease rather than a specific bill.

Pennsylvania courts recognize pain and suffering as a potential category of compensatory damages in appropriate civil cases.

The severity of the disease, treatment, symptoms, limitations, and overall impact on a person’s life may be relevant when evaluating these damages.

Compensation for Loss of Enjoyment of Life

Mesothelioma can interfere with activities that were once an ordinary part of someone’s life.

A person may no longer be able to:

• Work normally
• Travel
• Participate in hobbies
• Exercise
• Spend the same amount of time with family
• Perform everyday activities independently

Loss of enjoyment of life may be considered as part of noneconomic damages when supported by the applicable law and facts of the case. Pennsylvania court decisions recognize loss of life’s pleasures among potential categories of damages in civil injury cases.

Loss of Consortium

A serious illness can affect more than the person who was diagnosed.

In some cases, a spouse may have a claim related to the loss of companionship, support, or other aspects of the marital relationship resulting from the injury.

This type of claim is commonly referred to as loss of consortium.

Whether this type of compensation is available depends on the specific circumstances and applicable Pennsylvania law.

Compensation After a Mesothelioma Death

Mesothelioma can be fatal, and legal claims can sometimes continue or be brought after a patient’s death.

There are important distinctions between claims involving the losses suffered by the person before death and claims brought by eligible family members because of the death.

Pennsylvania courts have recognized damages in survival actions that can include a decedent’s pain and suffering and loss of earning power, depending on the circumstances.

Wrongful death claims may involve different categories of damages and different requirements.

Because these claims can be legally complex, families should have an attorney evaluate the circumstances rather than assuming that a particular type of compensation is automatically available.

Punitive Damages in Mesothelioma Cases

Punitive damages are different from ordinary compensatory damages.

Compensatory damages are intended to compensate a person for losses caused by an injury. Punitive damages are intended to punish particularly wrongful conduct and deter similar conduct in the future.

Punitive damages are not automatically awarded in mesothelioma cases.

Whether they are available depends on the facts of the case and the applicable legal standards. Pennsylvania courts have addressed punitive damages in asbestos-related litigation, including cases involving allegations that asbestos exposure caused mesothelioma.

The evidence concerning a company’s conduct can therefore be important when evaluating whether punitive damages may be an issue.

How Is Mesothelioma Compensation Determined?

There is no standard compensation amount that applies to every mesothelioma lawsuit.

The value of a claim can depend on factors such as:

• The severity of the illness
• The patient’s age
• Medical expenses
• Lost income
• Future earning capacity
• Physical pain
• Emotional effects
• Impact on daily activities
• The patient’s prognosis
• The strength of the evidence
• The number of potentially responsible companies
• The conduct of the defendants
• Whether the case settles or proceeds to trial

Every mesothelioma case has different facts.

A settlement amount in one case should not be treated as a prediction of what another patient will receive.

How Asbestos Exposure Evidence Can Affect Compensation

Before compensation can be pursued against a particular company, the evidence generally needs to establish the connection between the defendant’s conduct or products and the asbestos exposure that contributed to the disease.

This can involve investigating a person’s entire work and exposure history.

Evidence may include:

• Employment records
• Union records
• Product information
• Worksite records
• Co-worker testimony
• Company documents
• Medical records
• Expert testimony

Mesothelioma can develop decades after asbestos exposure, which can make reconstructing a person’s exposure history particularly important.

Can Multiple Companies Be Responsible?

A person may have encountered asbestos from more than one source during their lifetime.

Pennsylvania law addresses allocation of liability in exposure-related tort cases involving multiple persons who contribute to an indivisible injury, including asbestos cases. The law provides for apportionment based on relative contribution to the plaintiff’s asbestos exposure, subject to the statute’s provisions.

This means identifying every potentially relevant exposure can be an important part of investigating a mesothelioma claim.

Mesothelioma Settlements vs. Trial Compensation

Mesothelioma cases can resolve through a settlement or proceed to trial.

A settlement is an agreement in which the parties resolve the dispute without completing a trial. A jury verdict occurs when a case proceeds through trial and a jury determines liability and damages.

Neither outcome is guaranteed.

A settlement may provide a resolution without the uncertainty of a trial, while a trial can result in a larger award, a smaller award, or no award at all.

The right approach depends on the specific circumstances of the case.

What About Asbestos Trust Funds?

Asbestos trust funds are another potential source of compensation for some people diagnosed with asbestos-related diseases.

These trusts were established by certain companies as part of bankruptcy proceedings to compensate eligible people who were harmed by asbestos exposure.

Trust claims are different from traditional lawsuits.

Depending on the circumstances, a person may have potential claims involving both asbestos trusts and companies that remain subject to litigation. An attorney can evaluate the available options and determine whether additional claims may be appropriate.

Does Compensation Cover Future Losses?

Mesothelioma can affect a person’s finances long after the initial diagnosis.

Treatment may continue for months or years, and some patients may be unable to return to their previous employment.

When supported by appropriate evidence, a claim may seek damages related to future medical expenses and future loss of earning capacity.

Pennsylvania courts have recognized future medical expenses and future loss of earnings as potential components of damages in civil injury cases.

The amount must be supported by evidence rather than simply estimated.

What Should You Do After a Mesothelioma Diagnosis?

A mesothelioma diagnosis can make it difficult to know what to do next.

From a legal perspective, preserving information about your exposure history can be important.

Consider gathering:

• A list of previous employers
• Job titles and responsibilities
• Approximate dates of employment
• Work locations
• Names of coworkers
• Information about products used at work
• Military service records, if applicable
• Medical records related to your diagnosis
• Information about previous asbestos exposure

You do not need to know exactly which asbestos product caused your mesothelioma before speaking with an attorney.

An investigation can help identify potential sources of exposure.

Understanding Mesothelioma Compensation

There is no single type of compensation available in every mesothelioma lawsuit.

Depending on the circumstances, compensation may address medical expenses, lost wages, loss of earning capacity, pain and suffering, loss of enjoyment of life, loss of consortium, and other damages. In certain cases, punitive damages or compensation through asbestos trust funds may also be relevant.

The amount and types of compensation available depend on the individual case and applicable law.

If you or a loved one has been diagnosed with mesothelioma after asbestos exposure, understanding your legal options early can help protect important evidence and allow you to evaluate potential sources of compensation.

For more than 35 years, we have represented Pennsylvania workers and families affected by asbestos exposure and mesothelioma. If you or a loved one has been diagnosed with mesothelioma and has questions about compensation or your legal options, call (800) 505-6000 for a free consultation or fill out our online contact form to learn more.

Sources:

Mesothelioma – NCI

PAlegis.us