Mesothelioma Verdicts & the Value of a Case

Depending on the case, a verdict in an asbestos lawsuit can be reached relatively quickly, while others may take more time. Typically, a suit that is settled out of court will attain resolution faster than one that winds its way through the legal process.

Liability is one of the major factors in reaching a verdict. It is the job of the plaintiff's attorney to prove the entity being sued is responsible for the damage to the plaintiff, and this will weigh heavily upon a verdict. What damages should be compensated for is another vital factor in determining a verdict. The plaintiff's attorney must also provide a benchmark for the judge or jury to use when determining compensation. This is achieved through consideration of the compensatory damages, as well as punitive damages. Compensatory damage is money paid to compensate the plaintiff for the loss or harm that was suffered. Punitive damages do not take the plaintiff's condition into account at all, but are used as a preventative measure to deter against the defendant (and other entities that have caused similar harm to people) from performing such injurious actions again. Typically, the more egregious the jury feels the defendant behaved, the larger the punitive damages.

If the jury rules in favor of the plaintiff, they will determine a level of compensation based on compensatory and punitive damages. While compensatory damages may be capped in some instances, most states do not have caps on punitive damages. With no limit on punitive damages, it is not unusual for an asbestos compensation to reach millions of dollars. In many cases this is due to the knowledge that asbestos companies were aware of the dangers of their product and did nothing to protect or warn workers of the associated hazards.