Damages are the money a court can award when an asbestos exposure has harmed you or someone you love. This category breaks down the kinds of recovery a claim may seek and the rules that shape them. The main split is between economic damages, like medical bills and lost income, and non-economic damages (also written noneconomic damages), which cover pain, suffering, and reduced quality of life.
Some awards go further. Punitive damages, sometimes called exemplary damages, are meant to punish especially reckless conduct, and treble damages can multiply an award under certain statutes. Loss of consortium compensates a spouse for the companionship an illness takes away, and survivor damages address a death caused by asbestos disease.
You'll also find the limits: damage caps that restrict certain awards, and remittitur, where a judge reduces a verdict seen as excessive. Together these terms show what a claim might realistically recover. Every term below links to a full plain-language definition.
Terms in this category
- Compensatory DamagesCompensatory damages are money awarded to make up for the actual harm a person suffered. In an asbestos case …
- Damage CapsDamage caps are laws, usually passed by state legislatures, that set a maximum dollar amount a jury can award…
- DamagesDamages are the money a court or settlement awards to compensate a person for harm they suffered because of s…
- Economic DamagesEconomic damages are the out-of-pocket and financial losses caused by an injury or illness that can be calcul…
- Fear of Cancer DamagesFear of cancer damages compensate the emotional distress a person suffers from a reasonable fear of developin…
- Loss of ConsortiumLoss of consortium is a legal claim brought by the spouse (and in some states, a child or parent) of an injur…
- Medical MonitoringMedical monitoring is a remedy that pays for future diagnostic testing for people whose toxic exposure has ra…
- Medicare Set-AsideA Medicare set-aside is a portion of a settlement reserved to pay for future medical care related to the inju…
- Noneconomic DamagesNoneconomic damages are money awarded to compensate for harms that don't come with a receipt or pay stub, the…
- Prejudgment InterestPrejudgment interest is interest added to a damages award for the period before judgment, usually running fro…
- Punitive DamagesPunitive damages are money a jury awards on top of compensation for medical bills, lost income, and pain and …
- RemittiturRemittitur is a court order that reduces the amount of money a jury awarded, when the judge concludes the ver…
- Settlement CreditA settlement credit is a reduction of a jury verdict to account for money the plaintiff already received from…
- Survivor DamagesSurvivor damages are money awarded to a deceased person's family members or estate after a death caused by as…
- Treble DamagesTreble damages are a court-ordered award that multiplies the plaintiff's actual (compensatory) damages by thr…
Terms in this category
Browse the full Lexicon, or talk it through with a member of our litigation team, not a screener, at 833-4-ASBESTOS.