Types of Compensation Available for Mesothelioma Patients: Pain and Suffering
A mesothelioma diagnosis changes nearly every part of a person’s life. Beyond medical bills and lost income, patients often face significant physical discomfort, emotional distress, and a reduced ability to enjoy daily activities. In Missouri, as in other states, the legal system recognizes these non-economic losses through a category of damages commonly called pain and suffering. Understanding the types of compensation available can help patients and families know what to expect as they consider their options.
What Pain and Suffering Compensation Covers
Pain and suffering damages are intended to address the human toll of an illness, not just its financial costs. For mesothelioma patients, this can include:
- Physical pain from the disease itself and from treatments such as surgery, chemotherapy, or radiation
- Emotional distress, including anxiety, depression, and fear about the future
- Loss of enjoyment of life, such as giving up hobbies, travel, or time with loved ones
- Loss of consortium, which compensates a spouse or family member for the loss of companionship and support
These damages are separate from economic compensation, which covers concrete expenses like medical bills, travel to treatment, and lost wages.
Where Compensation Comes From
Mesothelioma patients in Missouri may pursue compensation through several different channels, and the type of claim often affects how pain and suffering damages are calculated.
Personal Injury Lawsuits
When a patient files a personal injury lawsuit against the companies responsible for their asbestos exposure, pain and suffering is typically a central part of the claim. In Missouri, juries or judges may award non-economic damages based on the severity of the illness, the extent of the suffering, and how the condition has changed the patient’s life. Missouri law does place caps on non-economic damages in some medical malpractice cases, but asbestos personal injury claims generally are not subject to the same caps.
Wrongful Death Claims
If a mesothelioma patient passes away before their case is resolved, a wrongful death claim may be filed by family members. In these cases, pain and suffering compensation can take two forms: damages for the pain the patient experienced before death, and damages for the family’s own loss, including loss of companionship and guidance. Missouri’s wrongful death statute allows surviving spouses, children, parents, and in some cases other relatives to seek these damages.
Asbestos Trust Funds
Many companies that manufactured or used asbestos products have established trust funds through bankruptcy proceedings. These trusts were created to compensate people injured by asbestos even after the companies could no longer face lawsuits. Trust fund claims are typically processed through an administrative review rather than a court trial. While trust funds often focus on medical and economic losses, some trusts do include provisions for pain and suffering or general damages. The amount available from a trust may be limited by the trust’s payment percentage, which can change over time.
Veterans Benefits
Veterans who developed mesothelioma after military service may be eligible for disability benefits through the U.S. Department of Veterans Affairs. These benefits provide monthly payments based on disability ratings but generally do not include separate pain and suffering damages. However, veterans can often pursue both VA benefits and a separate legal claim against asbestos companies, which may include non-economic damages.
How Pain and Suffering Is Calculated
There is no fixed formula for pain and suffering damages in Missouri asbestos cases. Factors that may influence the amount include the patient’s age, the duration and intensity of pain, the number and invasiveness of treatments, and the overall impact on quality of life. Because mesothelioma is an aggressive disease, courts and juries often recognize that the suffering involved is substantial.
Statutes of Limitations in Missouri
Missouri law sets time limits for filing asbestos claims. Generally, a personal injury claim must be filed within a certain number of years from the date of diagnosis, and a wrongful death claim within a certain number of years from the date of death. These deadlines can vary based on when the exposure occurred and other factors, so it is important for patients and families to act promptly and seek guidance from a qualified professional.
Getting Help
Mesothelioma patients and their families in Missouri do not have to navigate this process alone. Legal professionals who focus on asbestos cases can explain which types of compensation may be available in a specific situation. While no outcome can be guaranteed, understanding the range of potential damages—including pain and suffering—can provide a clearer picture of what to expect. Patients should also discuss their medical and financial needs with their healthcare team and trusted advisors as they make decisions about their future.
This page is for general informational purposes only and is not legal or medical advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney or physician about your specific situation.
