Mesothelioma Lawyer

“Loss of enjoyment of life” is one of the damages for which plaintiffs can recover compensation from a defendant in personal injury cases. Courts generally hold that loss of enjoyment of life is part of general damages. That is because it’s difficult to put a monetary value on such an intangible asset. Yet, in 2006 the Louisiana Supreme Court made a ruling in a mesothelioma lawsuit that may make a difference to that. In the case McGee vs. A C and S, Inc, the Louisiana Supreme Court ruled that “loss of enjoyment of life is recoverable as a separate element of general damages that may be included as a separate item on a jury verdict form.”

Mesothelioma is a rare form of cancer that has only a single known cause: exposure to asbestos. The tragic history of asbestos in the United States highlights the greed of the corporate world and its disregard for the safety and health of its customers and employees. In one mesothelioma lawsuit after another, juries and judges heard how the defendants conspired to cover up the dangers of asbestos and hide it even from the workers who were in daily contact with the deadly substance. These defendants included some of the wealthiest and most successful companies in the country.

When compensation is considered in mesothelioma lawsuits, factors that may be considered include medical expenses, lost wages, pain and suffering and loss of consort. For a parent, they may include loss of support to the minor children and loss of moral support. These items can be listed separately as a line item in a jury ballot so that juries may vote on whether it has been proven that the loss was suffered and was the fault of the defendant and at what level it should be compensated.These minute distinctions have become a large part of mesothelioma lawsuits because every tiny detail has the potential for becoming a new flood of litigation for the defendants. If one plaintiff is awarded loss of enjoyment of life damages, a precedent is set for cases future cases. 

In Louisiana, those precedents will be tested even further in the coming years. It is strongly suspected that the destruction caused by hurricane Katrina, and the resulting demolition and clean-up efforts, will expose thousands more to asbestos: the single known cause of mesothelioma. Will it result in an increase of mesothelioma cases in a decade or twenty years? Only time will tell.To learn more, contact a Mesothelioma Lawyer at Williams Kherkher by calling 1.800.220.9341.