A previous article discussed the link between compensation and damages; however, more is required from the plaintiff. It is not just about representing numbers and stating that such is needed for compensation. This article will discuss other elements that are taken into consideration before a mesothelioma case can be said to be successful.
The starting point of any personal injury claim requires that the plaintiff file a claim with the court. Such a claim would state how the plaintiff was wronged by the defendant and thus requires compensation for their losses. However, in the case of mesothelioma it is necessary to have a direct link between the cancer and asbestos. Thereafter, the plaintiff moves to prove his or her case that asbestos inhalation or contact caused mesothelioma cancer.
Successful Meso Cases
The main point of filing a personal injury claim is to get compensation for the losses that the plaintiff suffered. These losses are referred to as damages. Such damages may be economic and/or non-economic damages. While compensation depends on the damages owed, it is necessary for there to exist a link to negligence or intentional harm on the part of the defendant. When considering the element of negligence, it is important to realize that negligence refers to the standard duty of care. With mesothelioma, this speaks to what the defendant did or failed to do in protecting the plaintiff from asbestos exposure.
Another important element that must be taken into consideration is the types of damages suffered by the plaintiff. Types of damages that may be suffered include the following:
- Pain and suffering
- Medical bills and treatment
- Future and current expenses
- Loss or lack of wages, etc.
Even small issues such as transportation costs for chemotherapy or a doctor’s visit may be included in the mesothelioma claim. Because of the difficulty linked to mesothelioma lawsuits you will need a lawyer to support you through the claims process. Contact the Vinson Law Office today for legal advice and representation in your mesothelioma case.