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What types of compensation can be recovered in an asbestos claim or lawsuit? - ReadNews

Bankruptcy trusts usually pay asbestos victims who qualify for payment a set amount of money based primarily on the disease that the person has.

Mesothelioma claims typically receive the highest compensation. However, asbestos bankruptcy claims pay reduced amounts of money and cannot fully compensate asbestos victims for their immense suffering.

In an asbestos lawsuit filed in court, a person can seek �compensatory damages,� which are designed to compensate a person for the injury. Compensatory damages may include a monetary value of pain and suffering, medical expenses, and lost earnings. The spouse of a person who suffers from an asbestos related disease may be able to receive damages for �loss of consortium� or �loss of services�. For all these types of compensation, the plaintiff (person injured or family of the injured person bringing the lawsuit) must first prove that at least one defendant is liable at trial. In some jurisdictions, a plaintiff is able to recover punitive damages, which are designed to punish a company for wrongdoing and deter others from engaging in similar conduct. To prove punitive damages, the plaintiff must prove wrongful conduct beyond negligence. This may require a showing that the defendant acted in reckless disregard to a known risk or acted maliciously or intentionally in harming the plaintiff.

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