Factors That Increase the Value of Non-Economic Damages

Non-economic damages compensate victims and families for the intangible harm caused by mesothelioma — including pain, suffering, grief, emotional distress, loss of companionship, and reduced quality of life.

Unlike economic damages, these losses cannot be calculated with receipts or wage records. Instead, courts rely on evidence, testimony, expert evaluation, and the severity of the victim’s suffering.

Because mesothelioma is an aggressive and painful cancer, non-economic damages are often substantial. Understanding the factors that increase their value helps families know what to expect and how attorneys build stronger cases.

If your family is pursuing compensation for mesothelioma, call 800.291.0963 to learn how non-economic damages may apply to your case.

📘 Step 1: What Non-Economic Damages Include

Non-economic damages represent the human side of a mesothelioma claim — the emotional and physical hardships families endure.

✔ These damages include:

• Pain and suffering

• Emotional distress

• Loss of companionship

• Loss of guidance (children)

• Loss of consortium (spouse)

• Loss of enjoyment of life

• Anxiety, fear, and psychological trauma

• Grief (in wrongful-death claims)

• Impact on daily living and personal independence

These losses have no price tag — but courts acknowledge their profound impact.

🧱 Step 2: How Severity of Pain and Suffering Influences Damages

The intensity and duration of symptoms heavily influence damage amounts.
Mesothelioma frequently causes:

• Severe chest pain

• Breathing difficulties

• Fatigue

• Significant physical decline

• Invasive treatment side effects

✔ Factors That Increase Pain-and-Suffering Awards:

• Advanced disease at diagnosis

• Long-term chronic discomfort

• Need for multiple surgeries

• Aggressive treatments (chemo, radiation)

• Documented medical reports of high pain levels

• Extensive palliative care or hospice records

The more severe the suffering, the higher the non-economic compensation.

📂 Step 3: Emotional Distress and Psychological Impact

Mesothelioma causes profound emotional turmoil.
Courts consider:

• Fear of death

• Anxiety over leaving family behind

• Depression from physical decline

• Stress caused by financial strain

• Hopelessness or emotional exhaustion

✔ Evidence That Increases Emotional-Distress Damages:

• Mental-health records

• Testimony from psychologists

• Statements from family members

• Journals kept by the victim

• Records of counseling or support groups

Strong documentation increases the compensation awarded.

📁 Step 4: Impact on Daily Life and Independence

Courts also evaluate how mesothelioma affects:

• Mobility

• Ability to work

• Hobbies and lifestyle

• Self-care and independence

• Family roles (parenting, caregiving, household duties)

✔ The More Life Changes, the Higher the Damages

Examples of life-impact evidence:

• A once-active worker now unable to climb stairs

• A parent too sick to attend children’s activities

• A spouse reliant on full-time care

• Loss of ability to perform cherished hobbies

Loss of independence is one of the strongest non-economic damage drivers.

📜 Step 5: Loss of Companionship and Consortium

Spouses and partners experience emotional loss when their loved one can no longer:

• Provide companionship

• Offer emotional support

• Participate in shared activities

• Function in their normal marital role

✔ Courts Often Increase Damages When:

• The marriage was long and close

• The spouse was a primary emotional support

• The illness caused major lifestyle changes

• The relationship suffered due to treatment impact

Loss of consortium claims often carry substantial non-economic value.

👨‍👩‍👧 Step 6: Impact on Children — Loss of Parental Guidance

Children who lose a parent to mesothelioma suffer lifelong loss.

Courts consider:

• Age of the children

• The parent’s role in the household

• Emotional dependence

• Guidance and support the child will miss

✔ Younger Children → Higher Awards

Younger dependents experience longer-term emotional loss, increasing non-economic damages.

🔍 Step 7: Evidence That Strengthens Non-Economic Damage Claims

Strong evidence allows attorneys to demonstrate the true human impact of mesothelioma.

✔ Helpful Evidence Includes:

• Medical records documenting pain levels

• Testimony from doctors, nurses, therapists

• Statements from family and close friends

• Caregiving logs

• Daily living assistance records

• Photos and videos showing lifestyle decline

• Journals documenting emotional or physical suffering

• Hospice and palliative care records

The more detailed the evidence, the higher the likely award.

⚖️ Step 8: Why Jurisdiction Matters in Non-Economic Damage Values

Different states value non-economic damages differently.

✔ Some States Allow:

• Large emotional-loss awards

• Broad pain-and-suffering compensation

• Unlimited non-economic damages

✔ Other States:

• Restrict non-economic damages

• Cap emotional or consortium damages

• Limit recovery in wrongful-death cases

✔ Strategic Filing

Attorneys often choose the strongest jurisdiction to maximize non-economic damages.

📈 Step 9: Disease Progression and Treatment Intensity Increase Value

The more aggressive the disease course, the higher the non-economic damages.

Courts consider:

• Duration of illness

• Speed of decline

• Level of physical suffering

• Number of hospitalizations

• Treatment complications

• Impact on mobility and breathing

• Use of oxygen support or ventilatory aids

✔ Longer, More Difficult Illness → Higher Damages

Mesothelioma’s painful progression frequently results in substantial non-economic awards.

📦 Step 10: Wrongful-Death Non-Economic Damages

When a loved one passes away, families can recover damages for:

• Grief

• Bereavement

• Loss of companionship

• Emotional trauma

• Loss of guidance and love

• Loss of stability within the household

✔ Factors That Increase Wrongful-Death Emotional Damages:

• Younger age of the victim

• Younger dependents

• Close marital or family relationships

• Significant emotional impact on each family member

• Testimony revealing deep personal loss

Courts place great weight on the emotional devastation caused by mesothelioma.

🧠 Step 11: Why Attorneys Play a Critical Role in Increasing Non-Economic Damages

Non-economic damages require strategic storytelling, supported by evidence.

Attorneys work to:

• Document the victim’s suffering

• Show the emotional impact on family members

• Explain how the disease changed daily life

• Develop testimony from relatives and experts

• Present a full picture of the human cost

The goal is to reflect the true emotional and physical damage caused by asbestos exposure.

📞 Where to Get Help

Non-economic damages are often the most emotionally meaningful part of a mesothelioma case. Families deserve full compensation for the pain, grief, and life disruption this disease causes.

We help victims and families:

• Document pain and suffering

• Build strong emotional-loss evidence

• Increase non-economic damage values

• File wrongful-death and personal injury claims

• Pursue compensation in the strongest jurisdiction

• Maximize overall case value

📞 Call 800.291.0963 today to understand how non-economic damages may apply to your family’s mesothelioma case.

📝 Summary

Non-economic damages increase based on:

• Severity of pain

• Emotional distress

• Loss of companionship

• Loss of parental guidance

• Impact on daily life and independence

• Strength of evidence

• State laws and jury trends

• Testimony showing deep emotional harm

Strong evidence and skilled legal representation significantly increase these awards.
To learn more, call 800.291.0963.