Filing a Wrongful Death Lawsuit to Receive Compensation for Mesothelioma Death

ANSWER:

The main difference between a mesothelioma lawsuit and a wrongful death mesothelioma lawsuit is that the person who had mesothelioma has passed away. When this happens, family members may file a wrongful death lawsuit against the companies responsible for their loved one’s asbestos exposure. In legal terms, “wrongful” means a death was caused because of the reckless or negligent acts of another party. Mesothelioma victims were often exposed to asbestos through no fault of their own. Instead, the companies that used asbestos knew about the toxic dangers of asbestos, but failed to warn or properly equip workers with safety equipment. These negligent actions give families the right to file a wrongful death mesothelioma lawsuit.

ANSWER:

All states allow immediate family members – spouses, parents and children – to file a wrongful death lawsuit. Only in some states, can distant family members such as siblings and grandparents file for wrongful death. Few states will also allow life partners or financial dependents to file a wrongful death lawsuit.

ANSWER:

There are deadlines associated with filing a mesothelioma claim after someone passes away. These deadlines, called ‘statutes of limitations,’ are established by state law, so the time allowed to file varies by state. Statutes of limitation can allow you anywhere from one to five years after death to file a lawsuit. Because of this, we urge you to contact legal help as soon as possible. Our paralegals and lawyers are available to answer any questions you may have about filing, including questions about the statute of limitations in your state.

ANSWER:

To receive compensation for mesothelioma after death, you must be able to prove that your loved one’s death has had significant negative impact on you. There are several factors that affect the amount of compensation a victim or family may receive. While not all of them can be listed here, there are a few that may typically be applied to most cases.

1. Medical expenses. As most mesothelioma patients battle the disease, medical expenses can quickly add up. Your family’s difficulty paying for treatments, travel and care may be factored into compensation.

2. Lost wages. Mesothelioma patients needing to focus on their health may become unable to work causing a loss of income to support either themselves or a whole family. Similarly, spouses, children or other family members who need to provide care for the patient may also suffer a loss of wages.

3. Emotional effects. Emotional trauma and the loss of a loved one may be factored into some settlement agreements.

4. Company responsible for asbestos exposure. When the first mesothelioma lawsuits were filed in the 1970s, many asbestos companies responded by filing bankruptcy. Those companies were required to establish mesothelioma trust funds to help compensate victims who were harmed by the company’s asbestos products. The amount of compensation recovered from filing an asbestos trust claim may be different from the amount recovered when filing a wrongful death mesothelioma lawsuit. Talking to an experienced asbestos attorney can help you better understand your options and determine the best route to take.

ANSWER:

1. After contacting a mesothelioma lawyer, you can expect that he or she will perform in-depth research into your personal, medical and work history to determine the best way for you and your loved ones to proceed. If it is determined filing a wrongful death lawsuit is the best plan of action, your lawyer will then help you file a claim.

2. Often there are options for where your case may be filed. Your attorney will work with you to determine the best place to file your lawsuit. We are able to file suits around the country.

3. After filing, the discovery phase beings. Your lawyer will further investigate and conduct interviews in order to build the best case possible. Ultimately, your wrongful death claim may result in a trial or a settlement. If you go to trial, your lawyer will make sure you’re prepared to navigate the complex legal process.