Courts of Law Must Do the Impossible: Put a Financial Figure on Lost Life and Health

Many people assume damages in a civil case are like fines in a criminal case. That’s incorrect. Fines in criminal cases punish defendants and fund the criminal justice system. Well, technically the court costs, which are attached to the fines, fund the criminal justice system, but you get the idea. Damages in civil cases, on the other hand, compensate victims and deter future misconduct. This dual purpose often requires two kinds of damages.

Compensatory Damages: “Pay You For What You Lost”

Compensatory damages, wait for it, compensate victims, mostly for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. In these cases, the asbestos exposure wasn’t their fault. So, they shouldn’t pay money out of their own pocket for medical bills and other expenses. They also shouldn’t have to suffer in silence. 

Punitive Damages: “Punish and Deter Careless and Intentional Behavior”

Additional punitive damages are available if the victim proves, by clear and convincing evidence, the defendant intentionally disregarded a known risk. Only a very large amount of punitive damages grabs a large company’s attention and forces it to change the way it does business. A punitive damages cap may apply in some states.

Almost all asbestos exposure claims settle out of court. A few settle almost immediately. But in most cases, the litigation process is long and often frustrating. More on that below. When things get tough, many victims, and many attorneys as well, look for an easy way out. But only the runners that finish the race are eligible for the grand prize, which in this case is maximum compensation for your serious injuries.

Finding the Right Lawyer for Asbestos Compensation

When it comes to damages, the right lawyer makes all the difference in a civil claim. The highly-skilled lawyers on the other side often charge more than $1,000 per hour. Only the best personal injury lawyer has a realistic chance to obtain a favorable settlement. The best asbestos exposure lawyer has a combination of:

  • Litigation Skills: Experienced and dedicated lawyers are usually good litigators. Experienced lawyers know what to expect in asbestos claims and have successful track records. Dedicated lawyers focus exclusively, or nearly exclusively, on asbestos and similar claims.
  • Negotiation Skills: A good negotiator knows when to stand firm and when to compromise. If a lawyer lacks these skills, the victim’s settlement may be unduly delayed, or the victim may settle for less.

Generally, asbestos exposure cases begin in court. Attorneys must file legal paperwork and defend claims against procedural motions. If a lawyer files the wrong kind of paperwork or loses a procedural motion fight, the judge could throw the case out of court.

Regardless of the legal claims the victim makes, most asbestos exposure cases settle out of court. Quite simply, bad negotiators make bad deals.

Evidence in Asbestos Exposure Claims

A current medical diagnosis and a probable asbestos exposure window are usually the evidence cornerstones in an asbestos exposure case. If these cornerstones are shaky, forget about high damages. The case might not even make it past the pretrial motion phase, which was mentioned above.

Asbestos and Cancer

Mesothelioma is probably the most serious asbestos exposure-related illness. Toxic mesothelioma fibers cause a tumor to form in the soft meso lining which separates the lungs and heart. 

These tumors often grow undetected for more than fifty years. These victims usually have no family history of cancer or obvious lifestyle markers, such as smoking. Therefore, doctors simply don’t screen for tumors. Furthermore, since the victim has no visible cancer symptoms, such as pain or weight change, there’s no reason to look further.

A board certified physician should make this diagnosis. An attorney can connect a victim with such a doctor, even if the victim has no insurance or money.

This physician can usually also pinpoint an asbestos exposure window. If the victim worked at a construction or other such job during that window, it’s more likely than not that the victim was exposed to asbestos at that job. 

The burden of proof is only a preponderance of the evidence, which is one of the lowest burdens of proof in the law. So, a little evidence goes a long way.

Additional evidence usually surfaces during discovery. At this time, both sides must place their cards face up on the table. So, if a case settles too quickly, the best evidence, and therefore maximum damages, may be unavailable.

The legal option often dictates the amount of damages available. 

If the asbestos exposure was work or service-related, victims usually file workers’ compensation or VA disability claims. These victims are entitled to limited damages, mostly lost wage replacement and medical bill payment. Punitive damages and full compensatory damages are unavailable in these cases. 

Here’s the tradeoff. VA disability and workers’ compensation claims are no fault claims. Damages are available even if the victim was partially at fault, or entirely at fault, for his/her mesothelioma or other injury.

Environmental exposure victims have additional legal options. For example, if Sam worked with asbestos-laced materials, his brother David might have been exposed to asbestos fibers Sam unwittingly carried on his clothes, in his hair, or in his car.

Usually, manufacturers are strictly liable for the injuries their defective products cause. The defect could be a manufacturing or design defect.

Some victims can obtain an asbestos settlement without going to court. If the asbestos producer is no longer in business, a victim compensation fund claim might be an option. There’s no lawyer on the other side, so it’s easier to make a case. However, fund administrators are very stingy, so VCF claims truly put an attorney’s negotiating skills to the test.

Fortunately, AsbestosChaims.Law has a deep history and experience with these types of claims, and we have helped thousands of clients receive money for their asbestos injuries.

Call us to qualify, so we can help you too.