Damages

Damages are the money a court or settlement awards to compensate a person for harm they suffered because of someone else's conduct. In an asbestos case, damages are meant to make up, as far as money can, for the losses caused by an asbestos-related disease. They can cover things you can count, like medical bills and lost income, as well as harms that are harder to put a number on, like pain and loss of enjoyment of life.

Origin

The word comes from the Latin damnum, "loss" or "harm," through the Old French damage. The idea that a wronged person should be compensated in money is one of the oldest principles in the common law.

Significance in Asbestos Context

For an asbestos patient or family, damages are what a lawsuit or trust claim actually seeks to recover. They usually fall into a few groups: economic damages such as medical costs, lost wages, and future care; non-economic damages such as pain, suffering, and loss of companionship; and in some cases punitive damages, which punish especially reckless corporate conduct. If a patient has died, close family members may recover different categories through a wrongful death or survival claim. Because asbestos diseases often bring high treatment costs and a shortened life, documenting every loss carefully is key to a full recovery, so your legal team will ask for detailed records.

Example Sentence

The jury awarded damages covering his medical expenses, lost earnings, and the pain caused by his mesothelioma, plus punitive damages against the manufacturer.

Related Terms

Economic Damages, Non-Economic Damages, Punitive Damages, Wrongful Death, Survival Action, Compensation

Notes

• Keep every medical bill, receipt, and record of missed work, since these support your economic damages.
• Keep a personal journal of symptoms and how the illness affects daily life, which can support non-economic damages.
• Ask your attorney how your state treats punitive damages and any caps on non-economic damages, since rules vary widely.