Mesothelioma Lawsuit After Death
The loss of a loved one due to mesothelioma or any other asbestos-related disease is devastating for family members. An attorney for mesothelioma can help the family of a victim file an asbestos wrongful death claim and receive compensation from responsible companies.
These lawsuits seek compensation for funeral costs, loss companionship, and other losses. A skilled lawyer can assist a victim's loved ones in exploring all legal options.
Statutes Limitations
You could be entitled to compensation if you are a mesothelioma victim or the family member of a deceased asbestos patient. However you must file a lawsuit before the statute of limitations runs out or you risk losing your right to recover damages. Statutes of limitations are the legal deadlines for personal injury and wrongful death claims in every state. The statutes of limitation vary by state and the type of case you are filing.
For example, mesothelioma cases generally have different statutes of limitations than other personal injury cases 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 with the date of diagnosis but not the first day asbestos was exposed. This "discovery" rule was formulated in the landmark 1973 case of Borel V. Fibreboard.
The statutes of limitation for wrongful death claims is more simple, and they are always determined based on the date of death. A mesothelioma attorney should review the law of the state and decide whether there are any exceptions.
A mesothelioma lawyer must also be aware of the differences in state law concerning which court is competent in a case. A lawsuit is usually filed in the state where the asbestos exposure was most severe or in the state where the patient lived at the time they were diagnosed. However, this may become complicated if a patient worked in multiple states or shifted from one to another during their career.
A mesothelioma lawyer who is experienced can help you gather the required documents to file a claim for compensation. A lawyer can also help identify the right defendants and negotiate an equitable settlement or verdict. A successful asbestos lawsuit or trust fund claim could provide compensation for a variety of losses including medical bills as well as loss of income, home care expenses as well as loss of quality of life, and funeral and burial expenses. Additionally mesothelioma lawsuits could make accountable asbestos companies for their wrongful actions and force them to pay millions of dollars in compensatory settlements.
Defendants
A mesothelioma lawsuit following death is meant to compensate loved family members of the asbestos victim for any loss they've suffered as a result. The money received from a successful claim could be used to pay for funeral costs, unpaid medical bills and other costs related to the asbestosis that was suffered by the victim. It can help ease the burden of family members left with no one to support them, allowing them the opportunity to focus on healing.
Asbestos companies that were negligent in their use and production of asbestos must be held accountable for the illnesses mesothelioma patients suffer from, and this can be done through a wrongful death claim. They knew asbestos was dangerous and that it could cause asbestosis, lung cancer, and other asbestos-related ailments, yet they continued to produce products that contained this dangerous substance. They should be punished for their actions 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 submit an insurance claim. This can include asbestos manufacturers distributors, suppliers, and asbestos trust funds. If the exposure of a victim was from more than one company, it might be possible to claim separate claims against each of these entities.
The key to a mesothelioma suit is to prove that the victim was exposed to asbestos and that their illness was directly linked to that exposure. A lawyer can investigate the history of the victim's employment, health records and testimonies from coworkers, friends or family members to prove this case.
To ensure that the heirs of victims receive the maximum compensation, their lawyers must demonstrate that the loss they sustained was significant. San Angelo asbestos attorneys need to demonstrate how dependent they were on the income of the victim and the effects that their loss had on the family.
Families could also be eligible to receive punitive damages from the defendants. These are extra damages that the court may award to punish the asbestos defendants for their lapses and wrongdoing. The amount of these damages can differ depending on the specific circumstances.
Damages
A mesothelioma suit after death will allow family members to claim compensation for the funeral expenses unpaid medical bills, as well as loss of income. The sum of the payouts is used to aid families in paying off debts and to provide financial security. It can also help families cope emotionally and physically with the loss of a loved one who died from this deadly disease.
The asbestos companies that are liable have to be held accountable for their lapses and incompetence during these cases. The most skilled mesothelioma lawyers are able to create a solid case by utilizing extensive evidence. Autopsy reports, medical records and even testimony from former coworkers and military members will be included. Evidence can be used to show that the victim would not have died had it not been because of their asbestos exposure for a long time.
If a mesothelioma victim dies, their estate attorney can continue to file a lawsuit against asbestos as a wrongful-death lawsuit. The lawyers of their estate can make use of the evidence of a personal injury case but they must also provide additional information to prove that the death of the victim was due to asbestos exposure.
Included in this are the work history of the victim, age at diagnosis and exposure to asbestos. Lawyers will also need to collect funeral and medical expenses, as well as receipts for other expenses that are out of pocket. In addition, they must prove how the death of the victim affected their family members through testimony, bank statements and other documents.
The amount of compensation awarded in mesothelioma lawsuit involving the cause of death is usually less than what is granted in a lawsuit for injury involving a plaintiff who is still alive. A living plaintiff is believed to have ongoing medical costs and other expenses. A spouse who is mesothelioma-suffering may be eligible for a larger settlement when their spouse was exposed to asbestos while in the military and qualified for the veterans trust fund claim.
The amount of compensation received can also be affected by the amount of people who file claims against a failed asbestos company. As more families file claims their compensation will decrease.
How to Claim a Claim?
A mesothelioma attorney firm like Simmons Hanly Conroy can help if you have lost your loved ones due to mesothelioma or another asbestos-related disease. We can form a legal team to bring a wrongful death lawsuit on your behalf and seek compensation from the companies that exposed them to asbestos. Our lawyers will examine the case thoroughly, gather evidence, and determine which asbestos-related companies are responsible. We can also assist you in filing claims using asbestos trust funds to get additional financial aid for your family.
In addition, to looking into your loved one's work history and obtaining medical records, our lawyers will study the way they were exposed to asbestos. This could include interviews with coworkers or friends to learn about their exposure and other important details. Our attorneys often work with mesothelioma experts and investigators to develop the strongest case.
Throughout the process, we will discuss the options available to you and assist you in deciding how to proceed. In most cases wrongful death claims is filed with the asbestos company that is responsible. We can negotiate a non-court settlement or go to trial, if necessary.
Asbestos-related wrongful-death settlements may cover funeral expenses and medical bills that remain outstanding and other financial losses. Settlements can also compensate the family for the suffering and pain they endured following the loss of a loved one's death. You can also win damages for the asbestos industry to penalize them for their negligence.
Asbestos trust fund claims are a different source of compensation for families who have suffered mesothelioma diagnoses. These claims are filed with bankrupt asbestos companies who have set aside money to compensate mesothelioma sufferers and their families. Asbestos compensation derived from trust funds doesn't count towards a statute of limitations date.