What’s a Wrongful Death Lawsuit?
A family member, spouse, or a dependent of someone who has died due to negligence or misconduct of another, has the option to sue for “wrongful death.” Most wrongful death cases involve criminal trials but can also encompass death or injury caused by service during employment.
Wrongful Death Claims for Mesothelioma Cases
Most cases of mesothelioma are a direct result of asbestos exposure. Exposure can happen in the environment but mostly is a result of asbestos in the workplace or at home. Compensation from an asbestos-company can be given if the exposure was a result of the company’s negligence, and caused the individual to become sick, injured or die.
Legal claims for injury or death from mesothelioma are brought as a product liability action due to the link between asbestos exposure and the development of the disease. These claims are more commonly associated with occupational safety because of the frequency of industrial asbestos exposure compared to general exposure. The Occupational Safety and Health Administration has taken action towards limiting exposure by developing industry standards for companies that mandate employees to be around the carcinogenic material.
Vital Information Needed for Wrongful Death Claims
Crucial pieces of information are needed before you can successfully file a wrongful death claim. You can work with an experienced mesothelioma attorney to track down these items efficiently and utilize them for success in your case.
Information needed here encompasses the mesothelioma diagnosis from an oncologist, as well as a statement from them that asbestos exposure caused the disease, including where the exposure occurred.
Proof of Negligence
Your lawyer must be able to prove that your exposure was due to corporate negligence. You will need extensive work history and asbestos-exposure details. Statements from co-workers (witnesses) on your employment will also be valuable to the case.
More compelling information to the lawsuit is proof of a significant negative impact. The family member filing suit must demonstrate that the death of their loved one had a significant negative financial or emotional effect on their life (or both).
Veterans who were diagnosed with mesothelioma may be eligible for VA compensation. To find out if you qualify, speak with a patient advocate today.
Limits to Filing
Filing a wrongful death claim has limits and restrictions. Who is filing, where they’re filing, how long after the injury or death they wait before filing, and lack of proper documentation are all variables that can affect a person’s eligibility.
Dependents of a veteran who passed away from mesothelioma qualify to file, but they only have so much time to make a claim. In the case of product liability, the period is approximately 1 to 2 years from the time of death. The amount of time given is also dependent on the location of the suit.
A person could get disqualified for a claim if the deceased did not retrieve the proper medical information. If the patient never formally received a mesothelioma diagnosis from their oncologist, this could be considered negligence or ignorance.
If You’ve Run Out of Time
Exceptional circumstances can help the injured party get an extended filing time. An experienced mesothelioma attorney could petition the judge and build a case for the extension, relaying the reasons why the lawsuit was not filed before the deadline.
Process for Filing
Filing a wrongful death lawsuit does not have to be complicated. You and an attorney can navigate these steps together and get proper compensation for the passing of a loved one.
Veterans with mesothelioma can take action without affecting their benefits.
The steps for filing a claim are as follows:
Step 1: Gather Information
This step requires gathering all-important paperwork that covers medical history, diagnosis, exposure details, proof of negligence, and statement of negative impact from the patient’s death.
Step 2: File the Claim
Once the injured party gathers all the pertinent information, they can file a claim.
Step 3: Evaluate and Discover
This process involves the asbestos-companies response to the suit. They may begin to formulate a defense, and have their own attorneys interview you to get more specific details about the case. Your attorney may also do the same if they need more information.
Step 4: Settle or Go to Trial
Once the discovery phase is over, the asbestos-companies will then decide whether to settle or take the case to trial. Either way, the situation will be in the hands of your attorney.
How Long Until I Receive Compensation?
The time it takes for the injured party to receive compensation differs with each case. In some cases, the family can receive a full payout for emotional and financial losses. This helps guarantee flexibility and freedom with payment. The alternative option is receiving a structured settlement, ensuring a consistent income stream of monthly or yearly payments.
You’re Not Alone
A wrongful death lawsuit can greatly aid family members or dependents of a deceased mesothelioma patient or veteran. The compensation received from a case can help with medical bills, legal fees, and loss of wages, subsequently eliminating financial debt and reducing the negative impact as much as possible.
Learn more about where people are getting exposed to asbestos.