Mesothelioma Lawsuit After Death
Losing a loved on to mesothelioma or another asbestos-related disease can be devastating for the family. An attorney for mesothelioma can help a victim's family file an asbestos wrongful death claim and receive compensation from responsible companies.
These lawsuits seek compensation to pay funeral expenses, loss companionship and other losses. An experienced lawyer can assist a victim's loved ones in exploring all legal options.
Statutes of Limitations
If you are mesothelioma survivors or the loved ones of an asbestos victim who died, you may be eligible to receive compensation. You must file your lawsuit prior to the expiration of the statute of limitations, or you could lose your right for damages. In every state the statute of limitations governs personal injury and wrongful death claims. The statutes of limitation vary depending on the state and type of case you are filing.
For example, mesothelioma cases generally have different statutes of limitations than other personal injury claims due to the fact that it can take between 10 to 40 years for a person to be diagnosed with mesothelioma. For this reason, the statutes of limitation in these cases begin from the date of diagnosis, not the day the person was first exposed to asbestos. This "discovery" rule was formulated in the landmark 1973 case Borel V. Fibreboard.
The statutes of limitation for claims based on wrongful death is simpler, 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 must also be aware of the differences in state law regarding which court has jurisdiction in a particular case. Often, a lawsuit will be filed in the state where most of the asbestos exposure occurred or in the state where the patient resided when they were diagnosed with an asbestos-related disease. However, this could be complicated if the patient worked in multiple states or shifted from one state to another during their career.
A mesothelioma lawyer who is experienced can assist you with gathering the required documents to file an application for compensation. A lawyer can also help you identify the right defendants and negotiate an acceptable settlement or a verdict. A successful asbestos claim or trust fund can compensate for a variety of expenses, such as medical bills, lost wages, home care costs loss of quality-of-life issues, funeral and burial expenses and much more. A mesothelioma claim can hold asbestos companies responsible for their wrongful conduct and make them to pay millions of compensation awards.
Defendants
A mesothelioma lawsuit after death is designed to compensate loved relatives of the deceased asbestos victim for any losses they have suffered as a consequence of. The money received from a successful claim could be used to pay funeral expenses, medical bills that are not paid and other costs related to the asbestosis of the victim. It can also ease the burden of family members who are left behind, allowing them to focus on healing.
Memphis asbestos lawsuit may be filed against asbestos companies who were negligent in the creation and use of this dangerous substance. This will hold them accountable for the diseases that mesothelioma patients suffer. These defendants knew that asbestos was a risk and could cause mesothelioma, lung cancer and other asbestos-related diseases, yet they still produced products containing asbestos, a dangerous substance. They should be punished because of their greed and lack of concern for public safety.
An experienced mesothelioma lawyer can identify the asbestos-related companies that cause exposure in the victim and make a claim. This can include asbestos distributors, asbestos trust funds, asbestos manufacturers and suppliers. If the exposure of a victim was from more than one company, it could 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 condition was directly attributed to that exposure. Lawyers can look into the background of the victim's employer as well as health records and testimony from friends, coworkers or family members to build this case.
To ensure that the heirs of a victim get the most compensation possible Their lawyers must show that the loss they sustained was significant. Heirs must be able to prove how dependent they were on the victim's income and the impact their loss affected the family.
Families may also be eligible to receive punitive damage awards from the defendants. These are additional damages that the court could be able to award to punish asbestos defendants for their lapses and wrongdoing. The amount of these damages can be determined by the circumstances of the case.
Damages
A mesothelioma lawsuit following the death of a patient allows family members to claim compensation for the funeral expenses unpaid medical bills, as well as income loss. The sum of the payouts could be used to assist families pay off debt and provide financial security. It can also help them deal with the physical and emotional effects of losing a loved one to this fatal illness.
The asbestos companies that are liable have to be held accountable for their negligence and carelessness when it comes to these cases. The most skilled mesothelioma lawyers are able to make a strong case using extensive evidence. Autopsy reports, medical records, and testimony from former military personnel and coworkers will be included. The evidence will show that the victim would not have died had it been not for their long-term exposure to asbestos.
If a mesothelioma victim dies, their estate representative may continue to pursue an asbestos lawsuit as a wrongful-death claim. Their lawyers can make use of the same evidence as a regular personal injury case however, they must provide additional evidence to prove that the victim's death was due to their exposure to asbestos and was the fault of the companies that are named in the lawsuit.
This includes the victim's work history, their age at the time of being diagnosed, and the length of time they had been exposed to asbestos. Lawyers must also collect funeral and medical expenses, as well as receipts for other out-of-pocket costs. Additionally, they need to show how the death of the victim affected their family by providing testimonies, bank statements and other records.
Compensation awarded in a mesothelioma suit for the wrongful death of a patient is usually lower than the amount offered in a claim for injury involving a plaintiff who is still alive. A living plaintiff is believed to have ongoing medical costs and other expenses. A mesothelioma-suffering spouse may also be entitled to a larger settlement, in the event that their spouse was exposed to asbestos during their time in the military and is eligible for a veterans trust fund claim.
The number of people making claims against a bankrupt company can affect the amount of compensation. As more families file claims, the amount they are entitled to will decrease.
Making a Claim
A mesothelioma attorney firm such as Simmons Hanly Conroy can help if you have lost someone close to you due mesothelioma or any other asbestos-related disease. We can assemble an legal team to bring a wrongful death lawsuit on your behalf, and seek compensation from the companies that are responsible for their exposure. Our lawyers will examine the case thoroughly, gather evidence and determine which asbestos-related companies are accountable. We can assist you with filing claims through the asbestos trust fund to get additional financial aid for your loved family members.
Our lawyers will also look into how your loved one was exposed to asbestos. Interviewing coworkers or friends about their asbestos exposure as well as other information is one way to accomplish this. It is also common for our lawyers to collaborate with mesothelioma experts and investigators to develop the strongest case possible.
Throughout the process, we'll go over the options available to you and help you decide what to do. In the majority of cases, it is asbestos companies are responsible for filing a wrongful-death claim. We can negotiate a settlement outside of court or, if needed you can take your case to court.
Asbestos wrongful-death settlements can cover funeral expenses as well as medical bills that are outstanding and other financial losses. Settlements also pay the family for the suffering and pain they endured after your loved one's death. It is possible to get punitive damages in order to further punish the asbestos manufacturers for their wrongful conduct.
Asbestos trust fund claims are another source of compensation for families following a mesothelioma diagnosis. These claims are made through asbestos companies that have gone bankrupt and set aside funds to compensate mesothelioma patients and their families. Asbestos trust fund compensation will not apply to the deadline for a statute of limitations.