Three thousand people are newly diagnosed with mesothelioma each year. Mesothelioma is a type of cancer, caused by exposure to asbestos, and develops in the linings of body cavities, and can affect the different internal organs. The National Cancer Institute also explains that smoking can also increase the risk of the development of the said disease. Research on asbestos exposure and mesothelioma has been conducted as early as the 1970s, and results have shown a connection between the two.
If you have been exposed to asbestos, you may want to consult with an
asbestos and mesothelioma attorney. They can help
you with filing a case against your employer for exposing you to asbestos. If you’re in NYC, head over to http://mesotheliomalawyernyc.com/ to learn more.
The Five Types of Damages Awarded to You
When you file a worker’s compensation claim, you get the chance to be awarded damages. The damages in an asbestos case will of course vary, depending on different factors such as the extent of injury, how old you were when diagnosed with an asbestos-related disease, state laws and many others. The five types of damages you can possibly be awarded are the following:
- Compensatory damages
- Coverage for chemotherapy treatments
- Coverage for medical bills
- Pain and suffering
- Punitive Damages
How Asbestos Cases Get Settled
Asbestos and mesothelioma attorneys help you decide whether to settle or push for a verdict, though usually they prefer settling cases outside of court. These types of cases usually over before anyone ever gets to be heard by a jury.
If, however, your case does come to a trial, your attorney will have to present proof that your employer was responsible for your developing mesothelioma or any of the other asbestos-related illnesses like lung cancer. And once it is proven that the company you worked for was in fact liable, it will then be up to the jury to decide on the damages you will be rewarded.
Amount of Compensatory Damages
After the jury has made their decision and a verdict has been delivered, the jury will be expected to figure out the final amount of compensatory damages the plaintiff will receive. They will have to keep in mind the economic losses the plaintiff has suffered, as well as the rules of the state. This is due to the fact that some states limit the amount of compensatory damages. One can be awarded damages for lost wages or for future loss of income.
This post was written by AJ Byrum, a freelance writer in NYC. AJ writes about topics ranging from metal detectors to chandelier shades.