If a person suffering from an asbestos-related illness dies before the settlement or trial decision is reached, their loved ones can pursue a wrongful-death lawsuit. A lawyer with expertise in asbestos litigation may conduct a preliminary investigation to determine the location and the time a family member was exposed.
Statute of Limitations
A lawsuit must be filed before the statute of limitations expires for the majority of personal injuries. The statute of limitations for asbestos-related diseases and asbestos-related injuries could be earlier or different from other kinds of injuries. This is due to the long latency periods associated with these diseases and the fact that many victims are not diagnosed until many decades after their first exposure to asbestos attorneys. The discovery rule permits victims who have suffered an injury to seek compensation from the responsible companies even if the statute of limitation has expired.
Asbestos law is a complex area of law and varies state-by-state. In addition there are a myriad of factors that could influence the way in which the statute of limitations applies to a particular case. This includes the state in which the person was exposed to asbestos, the location of their employer or asbestos company, and the type of exposure to asbestos they endured.
If you are considering pursuing legal action, the initial step is contacting a qualified asbestos lawyer. A seasoned lawyer will go over the case details, conduct research and gather the necessary documents to file a lawsuit. They will also determine the proper kind of legal action to pursue. It could be a personal injury claim or trust-fund claim or an action for the wrongful death of the deceased loved one.
An asbestos-related mesothelioma claim can be filed by a victim, their relatives, or their estate. The person submitting the claim must be able to provide specific documentation that supports their claim by providing evidence of exposure to asbestos or medical records, as well as an official death certificate. The law firm that is handling the case will closely work with a medical and investigative team in order to gather all evidence needed to file an action for damages in the case of mesothelioma.
The wrongful death lawsuit will be filed by the spouse of the victim or children. The heirs must provide the same documentation like the personal injury lawsuit. Asbestos-related wrongful death claims are handled differently from traditional personal injury lawsuits, but the heirs need to be aware of the statute of limitations in their state to avoid from missing the deadline to file a lawsuit.
The asbestos industry concealed knowledge of the dangers associated with its products. Many workers who were construction workers were exposed to asbestos and later developed mesothelioma. Asbestos is most often exposed through inhalation of asbestos fibers. Once in the air these tiny fibers could cause serious health issues. Mesothelioma is a particularly fatal type of the disease.
The victims of mesothelioma and other asbestos-related illnesses typically develop symptoms that do not show up for decades. When symptoms do appear it is crucial to seek medical treatment immediately. This will help in preventing the disease from becoming worse and can provide critical documentation for an insurance claim.
Asbestos lawyers will also go over the past work history of the victim in order to determine where asbestos was exposed. They will also look into the history of the family of the victim to determine if other members of their family were exposed to asbestos as well. They will also determine whether the person lived in more than one state, since companies may have been based in different locations.
When they have the right information, asbestos attorneys will prepare to file the lawsuit. They will present evidence to show that the victim was indeed exposed to asbestos and that their condition was the result of the exposure. This will include autopsy reports, medical records and statements from their doctors.
A mesothelioma lawsuit is a civil lawsuit filed by a loved one's estate against asbestos companies that are responsible for the victim's exposure. This claim seeks compensation for the victim's loss of income and benefits and damages for their pain and suffering. Compensation may be awarded as settlement or trial verdict. Wrongful death cases are brought by the victim's relatives. This may include their spouse, children, or other dependents. In some cases, family members may also pursue a wrongful-death claim against mesothelioma asbestos companies on behalf of a deceased child. This type of case is referred to as an "asbestos wrongful death." A wrongful death lawsuit is the only way families have to obtain compensation for their losses.
Damages
Although no amount of compensation can be able to compensate the loss of a loved one, an asbestos lawsuit can assist grieving family members receive financial support. Compensation is awarded to pay funeral expenses as well as medical bills that remain unpaid and other financial needs. It may also be used to provide compensation to the family for the loss of companionship and emotional pain caused by the loss of a loved one.
In addition to granting damages in mesothelioma cases, it is also possible to bring asbestos producers accountable for their blunders. Many of the companies accountable for exposing victims to this deadly substance were aware that asbestos could cause serious illness and yet they continued to employ it in their workplaces. The wrongful death lawsuits brought by the families of deceased asbestos victims hold these asbestos companies accountable and sends a signal that thousands of deaths due to asbestosis, lung cancer and other asbestos-related diseases happen every year.
To file a wrongful-death lawsuit, family members need to be able to prove that the person they love was exposed to asbestos and the exposure led to mesothelioma or other asbestos-related illness. The evidence can include medical records, job information, asbestos-related statements from former coworkers or veterans, and other pertinent documents. The plaintiffs may bring their case as an individual lawsuit or join a group-action mesothelioma lawsuit.
If the evidence is convincing and the asbestos lawsuit will move to the discovery phase. This is where attorneys on both sides will conduct depositions and other investigations into their claims. Lawyers will also determine if to settle or go to trial. The typical mesothelioma wrongful death settlement is $1 million or more.
Almost all mesothelioma cases could be prevented if asbestos producers had stopped using asbestos immediately after they realized the danger. However, these asbestos-related firms put their profits ahead of the safety and health of their workers. This is why it's important to seek legal advice from an experienced mesothelioma lawyer. With the right advice an wrongful death suit can be filed within the statute of limitations, and the victim's family members will receive the justice they deserve.
Making a Claim to Redress Wrongful Death
If an asbestos-related disease causes death, a family member or estate representative could bring a wrongful-death claim against a manufacturer or two. The money received from the lawsuit can assist in covering funeral costs, loss of financial support and other losses associated with a loved one's death.
A mesothelioma suit can hold manufacturers accountable for exposing their workers to asbestos, but not informing them about the dangers. It can also make them accountable for the production of products which caused asbestos-related diseases. In many instances, families believe the deceased's health and quality of life would have greatly enhanced if they had not been exposed to these dangerous materials.
To be able to file a mesothelioma-related wrongful death suit, family members must be named as the primary beneficiary as well as personal representative or executor of the victim's estate. An experienced attorney can explain the procedure of filing a wrongful death suit and ensure that it is done in a timely manner to avoid not extending the statute of limitation.
In a wrongful-death suit it is crucial to prove your loved person was diagnosed with mesothelioma because of asbestos exposure. Lawyers can prove this by reviewing the medical records of the victim and other pertinent documents like the work history including job description, witness statements from former coworkers, military service members, and more.
The amount of mesothelioma or other asbestos-related death lawsuit payout may differ based on a variety of aspects, such as the mesothelioma type, how long the victim was diagnosed with the disease and much more. However, on average, wrongful death settlements for mesothelioma pay out at least $1 million.
A reputable mesothelioma law firm can collect evidence and determine the source of the asbestos exposure of your loved one and also determine the responsible parties. Lawyers can make use of this information to build a strong case for a fair award. In some cases trials may be necessary before a judge can decide how much compensation to give the family of the victim.
