What Damages Cover

Economic damages cover losses that can be measured in dollars. For mesothelioma, that often includes past and future medical bills, travel for treatment, home care, medical equipment and lost wages or benefits. If the illness ended a career early, future lost earnings may be part of the claim as well. Household services the patient can no longer provide, such as home repairs or caring for family members, may also count. Keeping receipts, insurance statements, mileage logs and pay records makes these losses easier to show. Even small, recurring expenses add up over the course of treatment, so it helps to track them from the beginning.

Non-economic damages recognize harms that don't come with a receipt. These can include physical pain, emotional distress, loss of enjoyment of life and the fear and uncertainty that come with a serious diagnosis. Spouses may have claims for loss of consortium, which reflects the impact on the marriage and shared life. In wrongful death cases, family members may seek compensation for loss of companionship, guidance and support. These damages are harder to measure, so personal accounts from the patient and family often play an important role. A journal describing daily life during treatment can help explain these losses later.

In some states, a court may award punitive damages when a company's conduct is found to be especially reckless or wrongful, such as knowingly hiding the dangers of its products. Punitive damages are meant to punish and deter rather than to compensate for a specific loss. Not every state allows them, and those that do may cap the amount or set strict standards of proof. They are also treated differently for tax purposes. Your attorneys can explain whether punitive damages are possible in your case and how they might affect settlement discussions with each defendant.

1. 1

   Start a folder for medical bills, insurance statements and pharmacy receipts.

2. 2

   Keep a log of trips to appointments, including mileage, parking and lodging costs.

3. 3

   Write down tasks you or your loved one can no longer do at home because of the illness.

4. 4

   Consider keeping a simple journal describing how the illness affects daily life and family.