Emotional distress from mesothelioma is often severe and taxing on the whole family. From sleepless nights to anxiety, depression, and a loss of confidence, we take it very seriously.
If you’re like the vast majority of victims, then your asbestos exposure was not your fault. You and your family are entitled to compensation.
One area you deserve compensation for is the emotional distress you endured.
In this guide, we’ll explain the types of emotional distress that qualify for compensation and how you can make a claim to help your family move through these difficult times:
Types of Emotional Distress Damages in Mesothelioma Cases
Emotional distress is a blanket term for almost any psychological impact caused by the cancer. It may also be referred to as ‘mental anguish’.
They all qualify as ‘non-economic damages’, which means they have no fixed valuation. Instead, the valuation is argued in a mesothelioma damages claim.
Typical forms of emotional distress seen in mesothelioma cases include:
- Anxiety and fear about the diagnosis, treatment, disability, and shortened life expectancy.
- Depression and grief over the loss of health, independence, career, and the well-being of your family.
- Mental anguish related to terminal illness, including anger, hopelessness, shock, and trauma.
- Loss of enjoyment of life, such as being unable to do hobbies, social activities, or family roles the way you used to.
- Loss of companionship or consortium for spouses and close family.
These may arise at different times and different moments. Everyone is different.
For example, in occupational asbestos cases, emotional distress is often tied to how toxic work exposure occurred. Veterans, firefighters, and industrial workers usually feel frustrated or angry when they learn that their health has been compromised or overlooked.
Lawsuits involving asbestos and military veterans or mesothelioma claims for firefighters often reflect this added layer of emotional harm. For some, that knowledge changes how they view past decisions. Work they once felt proud of becomes harder to reconcile emotionally, which can deepen long-term distress.
How Emotional Damages in Asbestos Cases Are Proven
Whether your claim is resolved via a settlement or later goes to trial, you’ll need evidence to prove the emotional distress.
It’s not expected that you have a perfect record of your day-to-day mental health or that symptoms arrive instantly. Instead, you’ll need to show a pattern of emotional distress.
In a settlement, this evidence provides leverage and persuasion; whereas in a courtroom, before a jury, your attorney will use it to prove you have suffered emotional distress.
Medical and Therapy Records
In most cases, medical documentation plays a critical role in proving emotional distress.
For example, with a diagnosis of anxiety, depression, or PTSD. Or via treatment notes, prescriptions, or an expert testimony from psychologists or psychiatrists.
Plaintiff’s Testimonies
Your own detailed descriptions of fear, sadness, sleeping issues, panic, or changes to your daily life are also supporting evidence. For example, how has your daily routine changed, and how has it affected your relationships?
Witness Statements
Statements from family, friends, and coworkers who have noticed changes in your mood, behaviour, or functioning can be very worthwhile. For example, has your boss noticed a drop in energy, or has a close friend noticed you becoming tense?
Documentation of Impact
Finally, any supporting evidence that documents what you’re going through can be used, such as emails, texts, photos, work records, missed events, lifestyle changes, videos, or journals.
Settlements vs Trial: The Impact on Emotional Distress Compensation
Most mesothelioma cases are resolved through settlement, but the option of a trial remains essential. Nobody wants to go to court, so having that in the back of their minds can help them fire us.
However, some defending companies may aggressively dispute your emotional damages, which is where careful evidence collection beforehand pays off.
Settlements
In most cases, the aim is to settle, as this provides a quick resolution and fast access to funds for the victim and their family.
In settlements, emotional suffering is factored into the overall claim value and used as leverage for negotiation. Our attorneys present the defendant with a solid, detailed case containing evidence that exerts significant pressure.
Trials
If a settlement does not resolve the matter, a civil trial before a jury is required. They can last months or even years, but can yield far higher payouts than settlements.
The jury plays a direct role and requires that the evidence be very credible to build a link between the asbestos exposure and damages, such as emotional suffering. Our mesothelioma lawyers handle the burden of trial for you while vigorously pursuing your case.
How Emotional Distress Combines with Economic Damages
In asbestos compensation cases, courts often evaluate how emotional and economic losses interact rather than treating them as separate experiences.
Economic damages are those with a fixed value, such as:
- Medical treatment costs
- Lost income or reduced earning capacity
- Home care or assistance needs
- Travel costs for treatment
- Home care or home modifications
Proving that you’ve suffered from emotional distress can provide a fuller picture, which can result in a higher settlement.
For example, you may be compensated for lost wages while also tackling anxiety and a fear for the future of your family.
How Shrader & Associates, L.L.P. Helps Clients Prove Emotional Distress
Many defendants fight aggressively against claims of emotional distress. One overstatement can harm credibility, while one understatement can leave your suffering unrecognized.
At Shrader & Associates, L.L.P., our experience and expertise in handling asbestos cases nationwide enable us to build strong cases presented accurately, respectfully, and evidence-based.
We’ve been collecting evidence of asbestos cases and at-fault companies for decades, providing you with a head start.
We welcome you to a free case evaluation today to determine whether your emotional damages may be part of a claim. Feel free to contact us today if you have any questions or would like to get started.
FAQs on Proving Emotional Distress in Mesothelioma and Asbestos Cases
Can surviving asbestos victim family members claim emotional distress damages?
Yes. Emotional damages can be pursued as part of a wrongful death claim, depending on state law.
How long does it take to prove emotional suffering?
Timelines vary depending on your existing medical records and the input of witnesses and medical professionals. A settlement can be solved very quickly, while a court case can last months.
Is there a time limit on damages for emotional distress?
There is a time limit for filing an asbestos lawsuit in many states, but it is usually measured from the date of diagnosis rather than from the date of exposure (which may have been decades ago).
Can veterans make asbestos claims?
Yes. If you’re a mesothelioma veteran, you can make an asbestos claim through asbestos trust funds, claims against manufacturers, and VA disability compensation. We welcome you to contact us today to learn more.