When an individual brings an asbestos lawsuit, whether it’s asbestosis, a nonmalignant claim, whether it’s lung cancer or mesothelioma, you’re looking at the same kind of computation of damages. You’re looking at hospital bills, and medical expenses. Lost wages. But you’re also looking at pain and suffering, and the loss of enjoyment of life.
Remember that mesothelioma is a fatal disease. And we know that lung cancer, unfortunately, also is often a fatal disease. And the diminution of the ability to enjoy life and ultimately the extinction of life itself has great value in our society.
Now I’ve never met a client out of the 10,000 my firm has represented who wouldn’t take back their breath, wouldn’t take back their life, wouldn’t take back their ability to spend time with their family, and give the money up. I can’t do that. And a jury can’t do that. So all we can try to do is see to it that the medical bills are paid, the lost wages are compensated for, and the family has enough money, if there is a death, to protect and support them in the coming years.
Then there’s something known as punitive damages. In American law, punitive damages are a way of punishing companies that did something bad, and we can show in any courtroom – and have shown – that many of these companies knew their product was injurious, understood it was likely to hurt people who came into contact with it, and did nothing to make it safe. Did nothing to warn the people who would be exposed to the asbestos fibers. And we have the right to and a duty to ask juries to punish those companies with what is equivalent of a fine by awarding a punitive damage.
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