If your loved one has passed away unfortunately because of mesothelioma, as a family member, you qualify for filing a mesothelioma suit and claim for wrongful death.
What is a Wrongful Death Claim?
If a person is killed by the actions of someone, family members of that victim can make a wrongful death claim. As asbestos companies were knowledgeable about the harmful nature of the substance, diagnosis of mesothelioma may be attributed to intentional harm or negligence by a wrongful death claim.
Common Attributes Of A Mesothelioma Wrongful Death Claim
Known Asbestos Exposure
Pointing out where the asbestos exposure happened is crucial to file a wrongful death claim. An experienced and skilled attorney will make use of various resources to find the duration and location of the exposure.
Usually the defendants who may be held liable for the exposure will be asbestos products manufacturers, wholesalers, distributors and employers and they were aware of the harmful nature of asbestos. When a death can be attributed to an entity or a person, filing a mesothelioma suit for wrongful death claims can be done.
Negative Impact On Victim's Family
Family members of expired mesothelioma victims must exhibit that the loss of their loved one has had a huge negative effect on them. The negative impact may be financial (in terms of expected wages), emotional or both.
Filing a mesothelioma suit for Wrongful Death Claim
In a stressful situation like the death of your loved one, filing for a mesothelioma suit is hard but an important thing to do, so that you can claim your compensation.
Many companies that have manufactured asbestos-containing products and who employed workers in asbestos-containing environments knew the deadly effects of the material during the mid-twentieth century. Regardless of this fact, thousands of individuals were employed and exposed to asbestos that resulted in the development of mesothelioma cases in most of the workers. Mesothelioma survival rates are usually less; some victims file for a mesothelioma legal suit, while a few of them passed away unfortunately without filing.
It is your right to file a mesothelioma suit for a wrongful death claim to receive compensation for the loss of your loved one to mesothelioma. By filing for a wrongful death claim, you can expect compensation for loss of companionship or payback for lost income.
Read our exclusive post on How to file a mesothelioma lawsuit¯ and file accordingly.
Who Can File For Wrongful Death?
Like personal injury claims, the law that governs mesothelioma legal suits differs from state to state. Usually, family members of the deceased victim can file for a lawsuit, whereas in some states others can also file.
Parties that can file for a wrongful death claim include:
- Immediate family members like spouses and children
- Life partners and financial dependents
- Some states let people who were suffering financially file a claim, even though they are not related to the deceased victim.
Statute of Limitations on Wrongful Death
Every state has its own time limit for filing a mesothelioma suit; this is called statute of limitations.¯ These limitations differ from personal injury claims (when a mesothelioma victim is still alive) and wrongful death claims.
Some states have a shorter duration like one year while others have two or three years. Talk to your lawyer regarding the deadline for your state and file accordingly. Additionally, certain states accept only the actual date when the cause of death is found to be mesothelioma, since there were misdiagnoses in some cases.
Mesothelioma Wrongful Death Claim Process
Though the process of wrongful death claim may vary from one state to another, there is a general procedure that comprises of the research phase, the discovery phase and the trial phase.
Common steps involved in a wrongful death claim include:
- Research “ Before filing, your law firm will do an extensive research and collect all required information from the family about places of residence, work history.
- Filing “ After research, lawyers will prepare the complaint document and file in the state where the exposure happened, or where the defendants' main office is located or any state associated to the case which offers the best choice for successful compensation.
- Discovery “ Next to filing, lawyers will evaluate available evidence including personal and work history for making the case stronger on the victim's end.
- Trial or Settlement “ You can expect trial or a settlement based on the defendant's decision. If your case goes for a jury trial, you have to wait until a jury determines the amount of compensation after investigating the case, which may take even a few years. Some defendants may opt for settlement rather than a trial which usually takes a few months.
Though any amount cannot compensate the loss of your loved one, the remuneration you receive after the claim will support you financially.
Iovino, J. Mesothelioma wrongful death claims – family legal claims. Retrieved February 10, 2017, from https://www.mesotheliomaguide.com/lawsuits/wrongful-death/
Egan, L. Mesothelioma lawsuit – quickly win your asbestos lawsuit. Retrieved February 10, 2017, from https://www.mesotheliomalawyercenter.org/mesothelioma-lawsuit-asbestos-litigation/