Filing an Asbestos Lawsuit After Death

If someone suffering from an asbestos-related disease dies before a settlement or trial verdict is reached, their family members may file a wrongful death lawsuit. A lawyer specializing in asbestos litigation may conduct an exploratory investigation to determine where and when the family member was exposed to asbestos.

Statute of Limitations

For most types of personal injury lawsuits, a lawsuit must be filed within the time limit for filing a lawsuit. The statute of limitations for asbestos-related diseases and asbestos-related injuries could be different or earlier than other types of injuries. This is because of the long latency periods that are associated with these illnesses, which means that victims are not diagnosed until many years after their first exposure to asbestos. The discovery rule permits victims to pursue compensation by filing a claim with responsible companies, even if the statute of limitations has passed on their injury.

Asbestos law is a tangled law area that differs state-by-state. Additionally there are a myriad of factors that could influence how the statute of limitations applies to a specific instance. These include the state where an individual was exposed to asbestos lawsuits, the location of their employer or asbestos business, and the type of asbestos exposure they experienced.

When it comes to pursuing legal action, the initial step is contacting a qualified asbestos lawyer. A knowledgeable attorney will analyze the specifics of an individual's case, conduct research and obtain the necessary documentation to file the lawsuit. They will also determine the best kind of legal action to pursue. This could involve an injury claim for personal injury or trust fund claim or a wrongful death claim on behalf of a loved one.

A mesothelioma or asbestos-related claim can be filed by a victim, their family members, or their estate. The person submitting the claim must be able to provide evidence to prove their case and includes proof of exposure to asbestos or medical records, as well as an official death certificate. The law firm handling the case will be working closely with a medical and investigation team in order to gather all evidence needed to file a lawsuit for damages for mesothelioma.

The wrongful-death suit will be filed by the spouse of the victim or children. The heirs need to provide similar documentation similar to the personal injury lawsuit. Asbestos wrongful death claims are treated differently than traditional personal injury lawsuits, however the heirs need to be aware of the time limit in their particular state to avoid from missing the deadline to file an action.

Exposure to Asbestos

The asbestos industry hid the dangers associated with their products. Many who worked as builders were exposed to asbestos, and latment, or a verdict at trial. The claims for wrongful death are filed by a victim's family, and may be filed by their spouse, children or other dependents. In some instances, families may also bring a wrongful-death claim against asbestos mesothelioma firms on behalf of a deceased child. This type of claim is also referred to as "asbestos-related wrongful death" is the only way that families can recover compensation for their losses.

Damages

Although no amount of compensation will make up the loss of a loved one, an asbestos lawsuit can help grieving family members receive financial aid. The compensation awarded will be used to pay funeral costs, medical bills, as well as other financial needs. It may also be used to pay the family for the loss of companionship and emotional pain caused by the death.

In addition to granting damages, a mesothelioma lawsuit can make asbestos manufacturers accountable for their wrongful conduct. Many of the companies that exposed their employees to asbestos were aware that the mineral could cause serious illnesses, but continued to use it in their workplaces. The wrongful death lawsuits brought by the families of deceased asbestos victims hold these companies accountable and sends a signal that thousands of deaths caused by asbestosis, lung cancer and other asbestos-related diseases happen each year.

To file a wrongful death lawsuit, family members need to prove that their loved one was exposed to asbestos and the exposure resulted in mesothelioma, or a different asbestos-related disease. The evidence can include medical records, work history, asbestos-related testimony from former coworkers or veterans and other relevant documents. Plaintiffs can file a lawsuit individually or join a mesothelioma class action lawsuit.

If the evidence presented is convincing, the asbestos lawsuit will move to the discovery phase, in which lawyers from both sides will conduct depositions as well as other investigations of their claims. The lawyers may also negotiate a settlement or decide to go to trial. The median mesothelioma settlement for wrongful deaths is $1 million or more.

Nearly every mesothelioma-related case could have been prevented If asbestos-related product manufacturers had quit using the toxic mineral as soon as they realized that it was harmful. Sadly, these asbestos companies put profits ahead of the health and safety of their workers. It's important to seek the legal advice of a knowledgeable mesothelioma lawyer. The right advice can assist you to bring a wrongful-death suit within the statute of limitation and get justice for the family of the victim.

Making a Claim for Wrongful Death

A family member or the representative of an estate can bring a lawsuit for wrongful death against one or more manufacturers if an asbestos-related illness causes death. The compensation received from the lawsuit can be used to pay for funeral expenses as well as financial loss and other expenses resulting from the death of a loved one.

A mesothelioma lawsuit for wrongful death can hold manufacturers accountable for exposing their workers to asbestos without adequately informing them of the dangers of exposure, and for the production of products that led to asbestos-related illnesses. Families often think that the health and life of the deceased would have been much better if they had not been exposed to harmful substances.

To file a mesothelioma-related death suit based on wrongful acts, a family member has to be appointed as the principal beneficiary or personal agent, or executor of the victim's estate. A knowledgeable attorney can guide you through the procedure for filing a wrongful death lawsuit and make sure that it is filed in a timely manner to avoid missing the statute of limitations.

In a wrongful death lawsuit, it is important to prove that the deceased suffered from mesothelioma as the result of asbestos exposure. A lawyer can do this by looking over the medical records of the victim and other pertinent documents like work history and job description, as well as testimony from former coworkers, military service members and many more.

The amount of mesothelioma or another asbestos-related death lawsuit payout may differ based on a variety of factors, such as the type of mesothelioma, the long ago the victim was diagnosed with the condition and many more. On average the wrongful death settlements for mesothelioma pay out at least $1 million.

A mesothelioma lawyer with experience can gather evidence, investigate the source of asbestos exposure in your loved one, and identify the parties responsible. Lawyers can utilize this information to make a strong case for an equitable award. In certain cases, the case may need be tried before a judge or jury can determine how much to pay the family of the victim for their losses.