Loss of Wages Claims and Mesothelioma
What is Loss of Wages (past and future) Claims?
Future loss of wages or earnings damage awards is in cases where the injury has permanently limited a Mesothelioma plaintiff’s ability to earn wages.
Future loss of earnings damages is often referred as “loss of future earning capacity” or “impairment of earning power”.
Loss of wages Awards are for loss of future earnings and are based on the person’s potential to make money, even if they have never actually exercised that potential.
The court will estimate the Mesothelioma victim’s earning capacity before the diagnosis, then compare it to the reduced earning capacity resulting from the diagnosis.
Loss of wages claims can be very powerful, as it may allow the Mesothelioma plaintiff to be compensated for losses spread over the remainder of their working years.
Future loss of earnings is not calculated based on the Mesothelioma plaintiff’s actual earnings, either before or after the injury. Instead, the damages are calculated based on the person’s ability to earn money.
A plaintiff may recover compensatory damages for both present and future physical pain and suffering. Compensation for future pain is permitted when there is a reasonable likelihood that the plaintiff will experience it.
The measure of compensatory damages must be real and tangible, although it can be difficult to fix the amount with certainty, especially in cases involving claims such as pain and suffering or emotional distress.
Types of Compensation Damages
Punitive Damages: Awarded to punish the wrongdoer.
Nominal Damages: Awarded to a plaintiff who successfully establishes that they have suffered an injury caused by the wrongful conduct of a defendant.
Treble Damages: Awarded by a judge to multiply the amount of monetary damages awarded by a jury by three for the plaintiff to receive the triple the amount.
Liquidated Damages: Compensation agreed upon by the parties entering into a contract to be paid by a party who breaches the contract to a non-breaching party.
It is very important to contact a Mesothelioma lawyer soon after you have been diagnosed with Mesothelioma. The only known cause of this Mesothelioma is exposure to asbestos. Mesothelioma is a progressive disease, with a 10-50 year latency period developing over years or even decades in many patients. Therefore, your statute of limitations does not begin with the time of exposure. Rather, it begins with your diagnosis that you have Mesothelioma.
If you have been diagnosed with Mesothelioma, you have legal rights. But you need to act quickly, because the statute of limitations in most states is 1-3 years.
Mesothelioma and Asbestos Exposure
- Malignant Mesothelioma is commonly diagnosed in people between the ages of 50 and 75 years old.
- There are 2,500-3,000 malignant Mesothelioma cases diagnosed each year in the United States.
- 1 in 3 U. S. military veterans will develop an asbestos related disease in their lifetime.
Malignant Mesothelioma has been linked to workplace asbestos exposure.
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A person diagnosed with Mesothelioma may be entitled to recover compensation for the following:
Other Factors that May Affect the Value of Your Mesothelioma case Include:
- Age, Gender, Location, and Work History
- History of Military Service
- Pain and Suffering
- Where Asbestos Exposure Occurred
- How Many Asbestos Products are involved with Your Exposure
There Are 4 Primary Types of Mesothelioma Claims:
- Product Liability– Can be filed against companies that manufactured and distributed asbestos products.
- Medical Malpractice– Can be filed against doctors or hospitals if they misdiagnose, or delay your diagnosis of Mesothelioma.
- Workers Compensation– Can be filed against an employer if you were exposed to asbestos while on the job.
- Wrongful Death– Can be filed against asbestos manufacturers, asbestos distributors, or an employer of a product containing asbestos that directly caused a person’s death if their actions constituted gross negligence for a deceased worker’s safety.
How a Mesothelioma Attorney Can Help
An Experienced Mesothelioma attorney will take the following steps to ensure that you receive just and fair compensation for your injuries:
- A Mesothelioma lawyer will help you recover costly mesothelioma medical expenses.
- A Mesothelioma lawyer will help you recover loss of income.
- A Mesothelioma lawyer will help you get diagnosed with proper medical testing.
- A Mesothelioma lawyer will help you sort out which asbestos companies are liable in your Mesothelioma claim.
- A Mesothelioma lawyer will help you obtain old records, legal documents and work records that are important to your case.
- A Mesothelioma lawyer will help you identify asbestos-containing products used in your workplace or home.
- A Mesothelioma Lawyer will guide you through each step of the legal process and answer any questions you may have.
- A Mesothelioma lawyer will provide expert witnesses that have testified in other Mesothelioma cases.
- A Mesothelioma lawyer will make sure that your claim is filed within your states statute of limitations.
- A Mesothelioma will check your eligibility to see if you qualify for asbestos bankruptcy trust funds.
An experienced Mesothelioma lawyer will help you to file a Mesothelioma lawsuit to hold negligent asbestos manufacturers and asbestos companies accountable for the severe pain and suffering that comes with a Mesothelioma cancer diagnosis.
Recent Mesothelioma Verdicts
- $4.6 Million Mesothelioma Settlement: For a union insulator that developed malignant Mesothelioma from asbestos exposure.
- $10.2 Million Mesothelioma Verdict: For a Paper Mill worker suffering from pleural Mesothelioma.
- $8 Million Mesothelioma Award: For a man diagnosed with Mesothelioma. Noneconomic damages and $1.5 Million for Loss of Wages.
- $1.2 Million Mesothelioma Settlement: For a 76 year old carpenter that developed malignant Mesothelioma.
- $1.1 Million Veteran Mesothelioma Settlement: For a Navy veteran machinist that developed malignant Mesothelioma at age 71.
- $245,000 Asbestosis Settlement: For a Paper mill worker suffering from Asbestosis.
- $2.5 Million Mesothelioma Settlement: For a union pipefitter man who died from malignant Mesothelioma.
- $2.6 Million Shipyard Worker Mesothelioma Settlement: For the family of a 72-year old shipyard worker with Mesothelioma who suffered second hand exposure.
- $5 Million Navy Veteran Mesothelioma Verdict: For a Navy Boilerman who developed Mesothelioma during his service.
- $1.8 Million Mesothelioma Settlement: For a carpenter that developed malignant Mesothelioma at age 68.
- $7.5 Million Mesothelioma Verdict: For a woman that developed peritoneal Mesothelioma from laundering her husband’s work clothes.
Malignant Mesothelioma has been linked to workplace asbestos exposure.
TO GET HELP – Our Nationwide Toll Free Mesothelioma Helpline Number is 888.640.0914
Malignant Mesothelioma is rare form of cancer that affects lining of the lungs, abdomen, heart, and major organs in the body. Mesothelioma is a disease in which malignant cancer cells are found in the sac lining the chest (pleura) or the abdomen (peritoneum). There are about 3,000 new malignant Mesothelioma cases diagnosed each year in the U. S. If you are experiencing any Mesothelioma symptoms you should contact a doctor immediately.
Diagnosed With Mesothelioma?
If you or a family member has been diagnosed with malignant Mesothelioma you are going to have a lot of questions about living with Mesothelioma and what legal options you have against asbestos manufacturers and asbestos companies for your asbestos exposure. Mesothelioma is a seriously deadly disease. According to the American Cancer Society with the average survival time for people with Mesothelioma is 4-18 months.
Call TOLL FREE 888.640.0914 right now to talk with a live Mesothelioma Counselor that can answer many of your questions and give you the peace of mind that you need.
Family Member Died From Mesothelioma?
If you have a family member that has died from Mesothelioma cancer you should immediately consult with an experienced Mesothelioma diagnosis lawyer about what compensation may be available to you from asbestos trust funds that total more than 30 billion dollars.
It is VERY IMPORTANT that you file your Mesothelioma claim within your states Statute of Limitations.
We have seen many families lose their right to file a lawsuit because their Statute of Limitations had expired while they were grieving. We know it is a tough time to grieve the loss of a loved one, but please do not let your Statute of Limitations expire for filing your Mesothelioma lawsuit. In most states the Statute of Limitations is 2-3 years. Some states have 6 year Statute of Limitations.
Mesothelioma Latency Period
Mesothelioma has a long latency period of 10-50 years. Many Veterans, Shipyard Workers, Construction Workers, Power Plant Workers, Mill Workers, Steel Workers, Railroad Workers, Pipefitters, Insulators, Electricians, Carpenters, Welders, Auto Mechanics, Veterans, Factory Workers, and laborers are living in the early stages of a variety of asbestos related diseases. Many Mesothelioma lawyers will not accept asbestosis, asbestos lung cancer, pleural plaques, pleural thickening, colon cancer and esophageal cancer cases.
There is More Than 30 Billion Dollars Set Aside for Mesothelioma and Asbestos Victims in Asbestos Bankruptcy Trusts
Need a Mesothelioma Lawyer?
If you or a family member has been diagnosed with Mesothelioma or an asbestos related disease, we can help you start a Mesothelioma lawsuit against asbestos companies responsible for your injuries. Our experienced nationwide Mesothelioma lawyers will come to you.
Call our Mesothelioma Toll Free Helpline at 888.640.0914 and get help today!
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We can usually tell within a few minutes whether we can help you, and if we can’t, maybe direct you to someone who can. We are always accessible by phone, email and online chat.
We are always available to answer your questions with a phone call and will always keep you informed. We will do everything we can to ensure that you receive the highest compensation for your injuries.
If you have a legal question about a Mesothelioma lawsuit, you don’t have to come into our office. Call us, and you’ll speak directly to a lawyer, and if a lawyer is not available, your call will be returned as quickly as possible.
Workers and Asbestos Containing Products
People that worked in shipyards, refineries, power plants, mills, factories, plants, salvage yards, engine rooms, installing brakes, gaskets, insulation, valves and pipes have a higher risk of developing an asbestos related disease in their lifetime.
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