Mesothelioma Lawsuit After Death

Nearly every case of mesothelioma could have been prevented if asbestos product manufacturers had discontinued using the mineral once they found out it was deadly. Rates of mesothelioma would have remained incredibly low, as they were before asbestos was used throughout workplaces, if manufacturers stopped using asbestos decades ago.

These manufacturers knew their choice to keep using asbestos would cost lives. While filing a lawsuit does not right the wrong that was done, it holds asbestos product manufacturers responsible for their actions and it honors the life of the loved one you lost.

Filing a mesothelioma wrongful death claim may provide compensation to help your family pay for outstanding medical bills, funeral costs, income loss and other financial concerns.

Not just any relative or family friend can file a wrongful death lawsuit on behalf of a loved one who died of mesothelioma. The estate of the person who died of mesothelioma has the right to file a wrongful death lawsuit, and this action is handled by the estate representative.

The estate representative is usually named in a person’s last will and testament, though they may also be appointed by the court. They can be a spouse, sibling, child or another family member, but they do not have to be a blood relative.

In a wrongful death claim, the burden of proof falls on the family that lost their loved one to mesothelioma because their loved one is no longer able to provide evidence or testify. Having an experienced mesothelioma lawyer evaluate a potential case can be the difference between obtaining the compensation that is deserved and being denied the right to recovery.

The goal of a mesothelioma wrongful death claim is to prove companies that used or manufactured asbestos products were negligent and responsible for the untimely death of your loved one.

Many companies knew of the dangers of asbestos for decades but failed to properly warn their employees, putting profits over human lives.

Filing asbestos claims after the death of a loved one is a complicated and time-sensitive process that is best handled by an experienced mesothelioma lawyer.

Filing wrongful death lawsuits are difficult because the injured party is no longer alive to provide testimony or help locate hard evidence such as work records, medical records and other documents.

The estate representative or surviving family members may not know the intricate details of the work history and medical history of the deceased. They may not have contacts for former co-workers or other witnesses who can attest to the asbestos exposure the deceased experienced during their career.

Awards from mesothelioma wrongful death lawsuits often are significantly less than awards from personal injury claims.

This is because a person living with mesothelioma is presumed to have ongoing medical bills, travel expenses and emotional distress.

Compensation from an asbestos wrongful death claim — either from a mesothelioma settlement or trial verdict — is awarded to the deceased patient’s estate, not the estate representative. This may be divided among family members and anyone named in the person’s last will and testament.

All mesothelioma lawsuits must be filed within time limits known as statutes of limitations. These laws limit the amount of time a claimant has to file a wrongful death lawsuit.

Statutes of limitations for asbestos wrongful death claims begin after a person dies and mesothelioma is the cause of death.

The deadlines for filing these claims vary by state, but usually fall between one and three years after the death of the patient.

The average mesothelioma settlement amount ranges from $1 million to $1.4 million. This compensation for mesothelioma may be supported by trust fund claims filed on behalf of the deceased’s estate.

Settlement amounts are determined by medical bills, funeral costs, lost wages and other costs incurred by a mesothelioma diagnosis and death.