What Compensation Can I Get If I Sue For Talcum Powder Caused Ovarian Cancer Or Mesothelioma?
- Casey Hamm
- September 3, 2019
You can sue talcum powder companies to receive compensation for any and all losses you have suffered or will experience in the future due to your talc-caused ovarian cancer or mesothelioma. The compensation you can recover depends on your circumstances. For instance, the Guardian reported that a California woman was awarded $29 million dollar settlement for her asbestos-related cancer.
Types of Damages You Can Recover in Your Lawsuit
The intent of a product liability lawsuit (which is what you would file against a manufacturer for the damages related to your ovarian cancer or mesothelioma) is to restore your life to how it was prior to your talc-induced illness. Although it is understood that several aspects of your life might never return to “normal,” the compensation you receive from your lawsuit is meant to equal what you have lost.
The losses that result from your ovarian cancer or mesothelioma will translate to something called “compensatory damages.” You will likely claim many types of these losses in your lawsuit.
These actual damages consist of both economic losses and noneconomic losses.
Also known to as “special damages,” economic damages incorporate all the actual money or property that you lost due to your ovarian cancer or mesothelioma, as well as any monetary sums you would have gained in the future but for your illness. Examples of special damages include the following:
- Lost income. This accounts for your illness causing you to miss work and corresponding wages from your job. Business owners could receive compensation for income they lost from running their business. Furthermore, if your ovarian cancer or mesothelioma prevents you from potential income opportunities in the future, you are entitled to receive those damages, which are typically estimated by an expert economist.
- Medical expenses. These damages include money you spent on medical care or treatment from doctors and surgeons, hospitalization costs, physical therapy or rehabilitation. The damages will encompass both bills you have already paid, as well as those that are estimated to arise from ongoing and future treatment or care.
- Replacement costs. Your ovarian cancer or mesothelioma might leave you unable to carry out your former lifestyle. These damages will compensate you for having to replace your role in these areas (e.g., hiring a housekeeper, lawn maintenance professional, or cook, paying for childcare or home repairs).
- Home modifications. If you need to modify your home to accommodate various aspects of your condition, for example, by making it wheelchair accessible, the associated costs will be compensated with these damages.
- Assistive mobility devices. These damages account for your need to buy or rent any technology that helps you live with any physical impairments that correspond with your illness. Such devices might include wheelchairs, scooters, and lift chairs.
Also called “general damages,” this compensation covers the losses you experience that are less quantifiable than your economic damages.
- Pain and suffering damages are known to vary broadly from one case to the next. Your lawyer will use previous amounts awarded for guidance in assigning a dollar value to pain and suffering in your case. Generally, this loss accounts for physical and emotional pain, mental anguish, and diminished quality of life.
- Loss of consortium is an important acknowledgment of the negative impact your ovarian cancer or mesothelioma has had on your relationship with your spouse. Among the effects considered here are loss of emotional support, companionship, affection, and sexual relations.
Calculating Your Recoverable Damages
After your lawyer has documented all your economic and noneconomic losses, they will assign dollar values to each loss, then add them to arrive at a total amount of actual damages you will seek in your lawsuit.
No two product liability cases are exactly alike. The compensatory damages you are eligible to receive will be determined by your specific set of circumstances. Furthermore, as each state sets its own product liability laws, your damages will also depend upon the forum you select for your legal action.
Call Zanes Law Today for a Free Case Review
Zanes Law will do everything from A to Z to ensure that you receive the maximum possible compensation for your talcum powder-caused ovarian cancer or mesothelioma. Call us today at (866) 499-8989 for a free case review.
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