Mesothelioma Lawsuits - Asbestos Law Firm Legal Specialization
Until the early 1990's, the cause of mesothelioma was highly disputed by defendants. Because of the
dramatic prevalence of asbestos, exposure, disease, and mesothelioma lawsuits, the attention of US medical
institutions was necessarily focused upon a final determination of the cause of mesothelioma. The results
are in - the malignant forms of this rare form of cancer are almost always caused by exposure to asbestos
and asbestos tainted products. Peritoneal mesothelioma and pleural mesothelioma are the two most common
variants of malignant infection.
Despite clear causation, defendant's nevertheless persist contesting use, exposure, diagnosis, and
procedural aspects related to claims. After personal injury lawyers prove liability, professional defendants
virtually always dispute the amount of damages caused.
Damages in Mesothelioma Lawsuits
A liable defendant may be responsible for actual and consequential damages. Actual damages are those
items which are paid out of pocket up to the time of trial. Consequential damages are ordinarily considered
to be those items which occur as natural consequence of harm, including pain, suffering, mental anguish,
future lost earning capacity, loss of consortium, lost companionship, and diminution in quality of life.
Punitive damages are also available in many states, yet are reserved for limited circumstances. When a
defendant acts with gross recklessness or wanton disregard for the rights and safety of others, punitive
damages may be assessed which are designed to deter future egregious conduct.
See also: Personal injury law - mesothelioma lawsuits - board certified specialization.
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