State law determines the measure of damages in asbestos cases. Examples of elements of damages a plaintiff may be able to recover, depending on his her state of residence, are economic damages such as past and future medical costs, past and future nursing costs and past and future lost earnings and pain and suffering damages based on physical pain, loss of enjoyment of life and emotional distress. The spouse of an asbestos victim may also be able to recover for the loss of his or her husband's or wife's services and companionship. If someone dies of an asbestos-related disease, his or her heirs may be able to recover "wrongful death" damages.
A person who can prove he or she was exposed to asbestos maybe able to recover damages based on the likelihood that he or she will develop an asbestos-related disease.
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