Mesothelioma Lawsuit After Death
Losing a loved one to mesothelioma or another asbestos-related disease is devastating for family members. An attorney for mesothelioma can assist the family of a victim to file an asbestos wrongful death claim and receive compensation from responsible companies.
These lawsuits seek to recover compensation for funeral expenses as well as loss of companionship and other losses. An experienced lawyer can help the family of the victim explore all available legal options.
Statutes Limitations
You could be entitled compensation if you're a mesothelioma victim or the family member of an deceased asbestos patient. You must file your claim before the expiration date of the statute of limitations or you may lose your rights for damages. In every state, the statute of limitations applies to personal injury and wrongful deaths claims. The statute of limitations may differ according to the state and type of case.
For example, mesothelioma cases typically have different statutes limitations than other personal injury claims because it can take anywhere from 10 to 40 years for a person to be diagnosed with mesothelioma. The statute of limitations for these cases begins from the date of diagnosis but not the date on which asbestos was exposed. This "discovery" rule was established in the important 1973 case of Borel V. Fibreboard.
The time-limit for claims based on wrongful death is simpler, and they are always set in accordance with the date of death. A mesothelioma lawyer must review the state law and determine whether any exceptions are in place.
A mesothelioma lawyer needs to be aware of the different rules in state laws regarding which court is able to hear a case. A lawsuit is often filed in the state that the asbestos exposure was the most severe or in the state where the patient resided when they were diagnosed. However, this can be complicated if the patient was employed in several states or shifted from one state to the next throughout their career.
A mesothelioma lawyer with experience can help you gather the required documents to file an application for compensation. A lawyer can also assist you to identify the right defendants and negotiate a fair settlement or a verdict. A successful asbestos claim or trust fund may pay for a wide range of losses, including medical bills, lost earnings, home care costs loss of quality of life, funeral and burial expenses and much more. A mesothelioma claim can claim asbestos companies are accountable for their actions and demand them pay millions in compensation payouts.
Defendants
A mesothelioma claim following death is meant to compensate loved relatives of the deceased asbestos victim for any losses they have suffered as a result of. The compensation received through a successful claim can help to pay funeral expenses, medical bills unpaid and other costs related to the victim's mesothelioma. It can also help alleviate the burden of family members left in the dust, allowing 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 deadly substance. This will hold accountable for the ailments that mesothelioma patients suffer. The defendants were aware asbestos was dangerous and could cause lung cancer, mesothelioma and other asbestos-related diseases, yet still made products containing the deadly substance. They deserve to be punished for their greed and dereliction of public safety.
A knowledgeable mesothelioma lawyer can trace the companies that are responsible for the victim's asbestos exposure and then submit an action against them. This could include asbestos producers distributors, suppliers, and asbestos trust funds. If a victim's exposure came from more than one company, it might be possible to make separate claims against each of these entities.
The key to success in a mesothelioma lawsuit is proving the victim's exposure to asbestos, and proving that their condition is directly connected to that exposure. Lawyers can look into the background of the victim's employer as well as health records and testimony from coworkers, friends or family members to prove this case.
To ensure that the heirs of victims receive the highest amount of compensation, their lawyers must demonstrate that the loss they sustained was significant. The heirs need to demonstrate how dependent they were of the victim's income, and the impact their loss will have on the rest of the household.
In addition to the financial damages, families could be eligible to receive punitive damages from the defendants in the case. The court can award extra damages to punish asbestos defendants who have been negligent or committing a wrongdoing. The amount of these damages can differ based on the specific circumstances of the case.
Damages
After death, a mesothelioma suit can allow the family to claim compensation for funeral costs as well as medical expenses that are not paid and lost income. The amount of money awarded can be used to assist families offset debt and provide financial security. It can also assist them to cope with physical and emotional stress caused by the loss of loved ones due to this fatal disease.
The asbestos companies responsible for the risk should be held accountable for their negligence and carelessness in these cases. Anchorage asbestos attorneys can build a strong case with an extensive amount of evidence. This includes autopsy reports as well as medical records and testimony from former colleagues and military personnel. Evidence can be used to prove that the victim wouldn't have died had it not been due to asbestos exposure over a long period of time.
If a person dies due to mesothelioma, their estate representative can continue to bring an asbestos lawsuit in a wrongful death claim. Their lawyers can make use of the same evidence in a normal personal injury case, but they must also provide additional evidence to prove that the death of the victim was due to their asbestos exposure and was the fault of the companies named in the lawsuit.
In this is the work history of the victim as well as the age at diagnosis and exposure to asbestos. Lawyers will also need to collect funeral and medical expenses, along with receipts for other out-of-pocket costs. Additionally, they need to demonstrate how the victim's death impacted their family with testimony, bank statements and other documentation.
The amount of compensation awarded in a mesothelioma lawsuit involving the cause of death is usually less than that granted in a lawsuit for injury involving a plaintiff who is still alive. A living plaintiff is presumed suffers from ongoing medical expenses and other expenses. A mesothelioma-surviving spouse could also receive an amount greater than the settlement in the event that their spouse was exposed to asbestos during their service in the military, and they could have qualified for a veteran's trust fund claim.
The amount of compensation could be affected by the amount of people who file claims against a failed asbestos company. As more more families file claims the amount they are entitled to will decrease.
How to File a Claim
If you've lost a loved one due to mesothelioma, or another asbestos-related illness, a mesothelioma lawyer firm like Simmons Hanly Conroy can assist. We can put together an legal team to file a wrongful death lawsuit on your behalf and pursue compensation from the companies responsible for their exposure. Our lawyers will review the case thoroughly, collect evidence and determine which asbestos-related companies are liable. We can assist you in filing claims against the asbestos trust fund to get additional financial aid for your loved family members.
Our attorneys will also investigate the way in which your loved one was exposed to asbestos. Interviewing coworkers or friends about their asbestos exposure and other information is one way to do this. It is also common for our lawyers to collaborate with mesothelioma experts as well as investigators to build the strongest case that is possible.
In this process, we'll go over the options available to you and assist you in deciding what to do. In most cases, asbestos companies are responsible for filing a wrongful-death claim. We can reach a settlement without the court, or, if required we can bring your case to court.
Asbestos-related wrongful death settlements may be used to pay funeral expenses, medical bills that are still outstanding and other financial losses. They also can offer compensation for the suffering and pain your loved one's family endured after their death. You may also seek damages for punitive damage against asbestos producers to punish them for their negligence.
Asbestos trust fund claims are a different source of compensation for families who have suffered a mesothelioma diagnosis. These claims are made through asbestos companies that are bankrupt and have set aside funds to compensate mesothelioma patients and their families. Asbestos trust fund compensation does not apply to the deadline for a statute of limitations.