If you developed silicosis after exposure to silica dust, you may be entitled to multiple forms of compensatory damages. Economic damages, for example, can compensate you for things like medical bills and lost wages. Meanwhile, non-economic damages can provide financial relief for your pain and suffering as well as your other personal losses. In rare cases that involve egregious misconduct, punitive damages might also be awarded.
Silicosis is a serious lung disease that can develop after working with engineered stone and quartz countertops. Since the condition can cause permanent damage, its financial impact may continue for years, making it worth taking the time to ensure you pursue every category of compensation available to you. We’ll cover the details in the sections to follow.
Economic Damages Available in Silicosis Lawsuits
Economic damages compensate injured individuals for financial losses caused by their illness. These damages generally have a measurable dollar value and can be supported by financial records.
Depending on your circumstances, you may be able to recover compensation for the following:
- Medical bills: This includes hospital visits and medical testing related to your silicosis diagnosis. Compensation may also cover ongoing treatment, including oxygen therapy or a lung transplant when medically necessary.
- Lost wages: If your illness forced you to miss work, you may recover income you would otherwise have earned.
- Reduced earning capacity: Some people with silicosis cannot return to their previous jobs. You may receive compensation for future income losses if your condition affects your ability to work.
- Out-of-pocket expenses: Certain costs related to managing your illness, such as necessary travel for medical appointments, may also qualify for compensation.
As silicosis has no known cure, future medical expenses can be an important part of these claims. Our qualified personal injury attorney can help calculate the financial impact your illness may have over time.
Can I Recover Compensation for Pain and Suffering?
Yes, depending on the applicable state law. Pain and suffering are considered non-economic damages because they compensate you for losses that do not have an exact financial value.
For example, someone with severe silicosis may struggle with everyday activities because of constant breathing difficulties. The disease can also prevent them from enjoying hobbies they previously participated in. Emotional distress caused by a serious diagnosis may qualify for compensation as well.
Unlike medical expenses, these damages cannot be calculated simply by reviewing bills. Their value generally depends on how significantly the illness has affected your life. Some states limit the amount of non-economic damages available in certain lawsuits, too, so the laws governing your claim may play a key role in what you ultimately recover.
Are Punitive Damages Available in a Silicosis Case?
In some circumstances, punitive damages may be awarded in addition to compensation for your losses.
However, these damages serve a different purpose. Rather than compensating you for an injury, they are intended to punish particularly serious misconduct. For example, a court might consider punitive damages if the evidence establishes that a company knowingly disregarded serious safety risks and its conduct meets the applicable legal standard.
Punitive damages are not available in every case. State law may restrict when they can be awarded or limit their amount.
What if a Family Member Passes Away From Silicosis?
If a loved one loses their life because of silicosis, certain surviving family members may be able to pursue a wrongful death claim in Chicago.
Depending on state law, recoverable damages may include funeral expenses and lost financial support. A separate survival claim may also allow the deceased person’s estate to recover certain losses the person suffered before death.
The available compensation in these cases depends on the applicable law and the family’s circumstances.
Contact Meyers & Flowers To Learn More About Your Silicosis Lawsuit
If you developed silicosis after working with engineered stone products, you may have grounds to seek compensation from at least one liable party.
Meyers & Flowers is one of the most successful personal injury law firms in the country, with a track record of success to back up that claim. Contact us today for a free consultation by calling (630) 576-9696 or reaching out online.Â