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Filing a Wrongful Death Lawsuit to Receive Compensation for Mesothelioma Death
If you have recently lost a loved one to mesothelioma, we understand you may be facing a difficult time coping with grief while juggling challenges such as taking care of your family, or paying for medical bills. As a surviving family member of a mesothelioma victim, you may have the right to recover compensation to help you during this difficult time by filing a mesothelioma claim after their death.
John Simmons, Chairman of Simmons Hanly Conroy
Our mesothelioma lawyers have dedicated their careers to people who have unfairly lost a loved one to an asbestos-related disease. They are available to explain your rights in further detail and how they vary from state to state. Our lawyers are also available to review your specific situation and help you decide if filing a mesothelioma wrongful death lawsuit is the best option for you and your family.
FAQ
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.
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.
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.
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.
- 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.
- 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.
- Emotional effects. Emotional trauma and the loss of a loved one may be factored into some settlement agreements.
- 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.
- 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.
- 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.
- 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.
Learn More About Filing a Mesothelioma Lawsuit
Download our guide: Asbestos Litigation, Your Guide to the Legal Process.
While no amount of compensation can buy you a medical miracle, a lawsuit can help you afford the mesothelioma treatments you need and help eliminate the worry that medical costs are draining your family budget.
Asbestos Attorneys Experienced in Filing for Mesothelioma Wrongful Death Compensation
Filing a wrongful death lawsuit can be a legal challenge because the mesothelioma victim is not available to provide all the first-hand information about their workplace or asbestos exposure. This makes it very important to hire an attorney who has previous experience litigating mesothelioma wrongful death lawsuits.
Simmons Hanly Conroy asbestos attorneys have helped hundreds of families who have lost a loved one fill in the missing knowledge gaps. We are able to do this because we have decades of experience litigating these types of mesothelioma cases and a vast library of corporate documents detailing asbestos use at companies around the country.
Mesothelioma Wrongful Death Settlements
A recent case our asbestos attorneys handled was for a family who hired the firm more than a year after their father passed away from mesothelioma. He spent the 1970s and 1980s working as a maintenance supervisor at a chemical plant. The family’s legal team uncovered company records and conducted co-worker interviews which linked his mesothelioma diagnosis to asbestos-containing pumps and pipes he maintained at the plant. As a result, the family’s legal team secured a significant settlement for the family a day before the case would have gone to trial.
We strongly encourage you to learn more about our mesothelioma and asbestos attorneys and consider how they might help you just as they’ve helped many families of mesothelioma victims before.
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Reviewed by:John Simmons- Fact-Checked
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John Simmons is a founder and Chairman of Simmons Hanly Conroy. After serving in the U.S. Army, he went on to earn his Doctor of Law degree from Southern Methodist University School of Law. He has helped recover some of the biggest verdicts and settlements in asbestos litigation history and is rated as one of the Top 100 Trial Lawyers.