Mesothelioma Wrongful Death Claims
Wrongful death claims for mesothelioma allow family members to recover compensation for the damages they suffered from the loss of their loved one.
What is a Wrongful Death Claim?
Wrongful death claims are usually made by family members of those killed by the actions of another. Since asbestos companies were aware of the harm caused by the substance, a mesothelioma diagnosis can be attributed to negligence or intentional harm through a wrongful death claim.
Attributes of a Wrongful Death Claim for Mesothelioma
Pinpointing where the asbestos exposure occurred is important to filing a wrongful death claim. A skilled lawyer uses multiple resources to determine when and where asbestos exposure occurred. Get connected to a top law firm now.
Asbestos companies or employers responsible for asbestos exposure knew of its danger. Wrongful death claims can be filed whenever a death can be attributed to a person or entity.
Family members of a deceased mesothelioma patient must show that their loved one’s death has had a significant negative impact on them. This impact may be emotional, financial or both.
Wrongful Death Claims for Mesothelioma
Mesothelioma is caused almost exclusively by asbestos exposure, a fact many asbestos companies have been aware of since the mid-twentieth century. Despite this knowledge, thousands of people have been exposed to asbestos in the workplace or through exposure to someone else who has, resulting in many diagnoses of mesothelioma throughout the last several decades.
A wrongful death claim allows for a mesothelioma patient’s family members to recover compensation for the untimely death of their loved one. Compensation may include retribution for lost wages or loss of companionship.
Who Can Sue for Wrongful Death?
A wrongful death claim is usually filed survivors of the person who has passed away. In some states, however, other parties may be allowed to file as well. This is because the laws dictating who can file a claim for wrongful death-related compensation vary by state. An experienced attorney can help you determine whether you are eligible in your state. Parties that may potentially file include:
- Immediate family members – In every state in the U.S., immediate family members including spouses and children may file.
- Life partners – In some states, life partners and financial dependents are eligible to file.
- Anyone who suffers financially – Certain states allow people who were financially impacted to file a claim, even if they are not related to the deceased.
Mesothelioma Wrongful Death Process
The wrongful death claim process varies slightly by state. The general procedure includes phases of research, discovery and trial.
Steps of a wrongful death lawsuit usually include:
- 1Research – Lawyers perform extensive research and one-on-one interviews with the client to determine the best course of action to take.
- 2Filing – Claims may be filed in the state where the exposure occurred, where the asbestos company’s main office is located or whichever state tied to the case provides the best option for successful compensation recovery.
- 3Discovery – Lawyers look more extensively into the patient’s work and personal history in order to build the best possible case, evaluating all available evidence.
- 4Trial or Settlement – A wrongful death claim may result in a full trial or a settlement. Trials can take a few years and settlements are often recovered fairly quickly, sometimes within months.
Filing a Wrongful Death Claim
Losing a loved one is a tragic and stressful time. Even though a lawsuit is likely the last thing on your mind, it’s important to seek compensation for financial hardship endured. Get in touch with a qualified attorney who can help you make your claim.
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Why Get a Free Case Evaluation?
- Wrongful death claims can be filed by a family member.
- Recovery of compensation for pain, suffering and loss of companionship.
- Billions of dollars are set aside for mesothelioma patients and their families.