Mesothelioma Lawsuit After Death
The loss of a loved one due to mesothelioma, or another asbestos-related illness is devastating for family members. A mesothelioma lawyer can assist the family of a victim file a wrongful death claim against asbestos-related companies and receive compensation.
These lawsuits seek to recover compensation for funeral expenses as well as loss of companionship and other losses. An experienced lawyer can assist a victim's loved ones in exploring all legal options.
Statutes Limitations
If you're a mesothelioma survivor or the family of a deceased asbestos victim You may be able to receive compensation. You must file your claim prior to the expiration of the statute of limitations, or you may lose your right to compensation. In every state the statute of limitations applies to personal injury and wrongful death claims. Statutes of limitations can vary depending on the state and the type of case.
For example, mesothelioma cases typically have different statutes limitations than other personal injury claims due to the fact that it can take between 10 to 40 years for someone to be diagnosed with mesothelioma. For this reason, the statutes of limitations in these cases begin from the date of diagnosis, not the day the person was first exposed to asbestos. This "discovery" rule was enacted in the famous 1973 case Borel V. Bellflower asbestos attorneys .
The statutes of limitation for claims based on wrongful death is more simple, and they are always set based on the date of death. However, a mesothelioma lawyer should discuss the law of the state with you and determine if there are any exceptions to the rules.
A mesothelioma lawyer should also be aware of the distinctions in the laws of each state regarding which court is able to hear a case. A lawsuit is usually filed in the state where the asbestos exposure was the most severe or where the patient lived when they were diagnosed. This is a challenge when the patient has been in multiple states or moved between them throughout their career.
A mesothelioma lawyer with experience can help you gather the required documentation to submit the claim for compensation. In addition an attorney can assist you in locating the most suitable defendants and negotiate an adequate settlement or a verdict. A successful asbestos claim or trust fund can provide compensation for many losses, including medical bills loss of wages, home care expenses, loss of quality-of-life funeral and burial expenses and much more. A mesothelioma suit can also make asbestos companies accountable for their actions and demand them pay millions in compensation payouts.
Defendants
A mesothelioma suit after death is designed to compensate loved relatives of the deceased asbestos victim for any loss they have suffered as a consequence of. The money received from a successful lawsuit can be used to pay for funeral expenses, medical bills unpaid and other costs related to the victim's mesothelioma. It can also help to ease the burden on family members who are left in the dust and allow them to concentrate on healing.
A wrongful death suit can be filed against asbestos-related companies who were negligent in the creation and use of this dangerous substance. This will make them accountable for the diseases that mesothelioma patients suffer. These defendants knew asbestos was dangerous and could cause mesothelioma, lung cancer and other asbestos-related diseases but continued to produce products that contained the dangerous substance. They deserve to be punished for their greed and apathy of the safety of the public.
A knowledgeable mesothelioma lawyer can trace the companies responsible for a victim's asbestos exposure and then file a claim against these companies. This can include asbestos manufacturers distributors, suppliers, and asbestos trust funds. If a victim's exposure came from more than one company, it may be possible to file separate claims against each of these entities.
The most important aspect of a mesothelioma lawsuit is proving that the victim was exposed to asbestos and that their disease was directly related to exposure. To prove this, a lawyer could examine the victim's health records, employment history and witness statements from family, friends or coworkers.
To ensure that the heirs of a victim receive the maximum compensation, their lawyers must demonstrate that the loss they sustained was significant. The heirs need to show how much they were dependent on the income of the victim as well as the impact their loss had on the family.
In addition to the financial damages, families could be able to receive punitive damages from the defendants in the case. The court may award additional damages to punish asbestos defendants who are negligent or have committed wrongdoing. The amount of these damages could vary depending on the circumstances of the case.
Damages
A mesothelioma lawsuit following the death of a patient will allow family members to seek compensation for the deceased's funeral costs, unpaid medical bills and income loss. The sum of the payouts is used to help families pay off debts and to provide financial security. It can also help them cope with physical and emotional stress caused by the loss of a loved one who died from this fatal disease.
In these cases asbestos-related companies that are accountable to be held accountable. The best mesothelioma attorneys can create a compelling case with ample evidence. This will include autopsy reports, medical records and testimonies from former co-workers and military service members. Evidence can be used to show that the victim would not have died had it not been for their long-term asbestos exposure.
If a mesothelioma sufferer dies, the estate representative can continue to file a lawsuit against asbestos as a wrongful-death lawsuit. The lawyers of their estate can use the same evidence as in a regular personal injury case, but they must also present additional information to show that the victim's death was caused by their asbestos exposure and that it was the company that was named in the lawsuit.
This includes the victims' work history, their age when diagnosed, and the length of time they had been exposed to asbestos. Lawyers will also need to collect funeral and medical expenses, along with receipts for other expenses that are out of pocket. Additionally, they need to prove how the death of the victim affected their family members through testimony, bank statements and other documentation.
The compensation that is awarded in a mesothelioma wrongful death suit is usually lower than the amount paid in a personal injury case with an active plaintiff. This is due to the fact that the living plaintiff is believed to have ongoing medical expenses and other expenses. A spouse with mesothelioma may be eligible for a larger settlement if their partner had been exposed to asbestos while serving in the military and qualified for a veterans trust fund claim.
The number of people who file claims against a bankrupt business will also impact the amount of compensation. As more families file claims their compensation will decrease.
How to File a Claim
A mesothelioma lawyer firm like Simmons Hanly Conroy is able to help if you have lost someone close to you due mesothelioma or any other asbestos-related illness. We can form a legal team to bring a wrongful death lawsuit on your behalf and seek compensation from the companies that exposed the victims to asbestos. Our lawyers will examine the case thoroughly, collect evidence and determine which asbestos companies are accountable. We can also assist with filing claims using asbestos trust funds in order to obtain additional financial assistance for your family.
In addition to analyzing the work history of your loved one and obtaining medical records, our attorneys will study the way they were exposed to asbestos. Interviewing coworkers or friends about their asbestos exposure as well as other details is a way to do this. Our attorneys often work with mesothelioma specialists and investigators to develop the strongest case.
In this process, we'll go over all of your options and help you decide which option to pursue. In the majority of cases, asbestos companies are the one responsible for filing a wrongful death claim. We can negotiate a non-court settlement or go to trial if necessary.
Asbestos-related wrongful death settlements may pay for funeral expenses, medical bills that are still outstanding and other financial losses. The settlements can also compensate the family for the pain and suffering they endured following your loved one's death. You may also seek damages for the asbestos industry to penalize them for their negligence.
Asbestos trust fund claims are another source of compensation for families after the diagnosis of mesothelioma. These claims are filed with bankruptcy asbestos companies who have set aside money to compensate mesothelioma victims and their families. Asbestos compensation from trust funds doesn't count toward a statute of limitations deadline.