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What are the types of damages I can expect to receive in my welding rod case? How do you calculate what my case is worth?
In lawsuits, generally the goal is to put you back in the same position that you were before the injury. In the case of Parkinson’s disease and other types of manganese poisoning, this may not be completely possible since these diseases are progressive and irreversible. The courts will try to decide, therefore, what amount of compensation can make up for what you have lost. If a company is responsible for your welding rod exposure, you may receive damages for past damages, such as the cost of medical care to date, pain and suffering to date, and lost past wages. You may also receive damages for future damages such as future medical care, pain and suffering, lost wages, loss of enjoyment of life; loss of economic opportunity and benefits; and emotional suffering.
In particular, damages such as those related to pain and suffering and loss of enjoyment of life are difficult to determine. Most courts will look to other cases in your jurisdiction, or in jurisdictions close to you, to see what types and amounts of damages have been awarded in cases similar to yours to make sure that people are treated fairly across the board.
Your case may also be eligible for punitive damages if you can prove that you were knowingly placed in danger by a particular party, and that party should be punished. Punitive damages are difficult to get as they go beyond compensating you for what you have lost. But there are cases where they are appropriate. Some examples would include: your employer knew that you were being exposed to dangerous levels of welding rod fumes but neither told you of the danger nor provided ventilators or other safety equipment; the manufacturer of the welding supplies knew that its products were highly dangerous but did not warn the end users; the manufacturer of ventilating equipment that knew that its equipment was ineffective against welding rod fumes or that knew it was improperly manufacturing the equipment, yet marketed the equipment as being effective against welding rod fume exposure.
Your recovery against any given defendant may also depend on whether you file individually or as a member of a class. You may file against some defendants individually and some as a member of a class. Where a great number of cases are being filed against a particular defendant and there is a chance that the defendant may declare bankruptcy, it may be in your best interests to file a claim as part of a class since you will probably receive some sort of settlement. However, if your claim is against a defendant who has not dealt with many claims or is fiscally sound, you probably will recover more if you file an individual action. Your attorney will be able to help you determine how your case is best handled. |
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