A wrongful death case is a legal action on behalf of a victim of mesothelioma. Product liability cases are usually against one or more businesses where the deceased worked.
What Is a Mesothelioma Wrongful Death Lawsuit?
The heirs of the deceased asbestos victim may be eligible to file a mesothelioma wrongful death claim. The legal action may provide sizeable compensation for losses and damages brought on by the victim’s demise. Additionally, it has the power to punish those who put others at risk of asbestos exposure.
The person bringing the lawsuit is either a member of the victim’s immediate family or another representative. In wrongful death cases, plaintiffs frequently name asbestos companies as defendants and accuse them of causing the victim’s death from an asbestos-related illness. The plaintiff must show the following in order for their asbestos case to succeed:
- Loss of support—either material or emotional—followed the victim’s passing.
- The victim passed away as a result of mesothelioma or another asbestos-related illness.
- The victim’s exposure to asbestos was wrongfully caused.
People file wrongful death lawsuits when a mesothelioma patient passes away. The decision of whether to file a wrongful death lawsuit by the victim’s family members can be helped by a mesothelioma lawyer.
Why File a Mesothelioma Wrongful Death Claim?
The following are some of the causes of mesothelioma wrongful death cases that people may choose to pursue. These lawsuits might help families pay for the expenses associated with a victim’s passing. Medical expenses, funeral expenses, and late payments are examples of these costs. Those responsible for asbestos exposure may be held liable in wrongful death cases. Here are some losses that survivors may be able to recover:
- Funeral costs
- Lack of care, companionship, and direction
- Inheritance loss
- Lost wages
- Medical costs
- Pain and suffering
Mesothelioma Wrongful Death Case Process
Filing an asbestos claim after the death of a loved one can be stressful. Yet, a competent mesothelioma lawyer will help a plaintiff through the process.
- When a mesothelioma patient dies, wrongful death statutes of limitations kick in. California law requires that the case is within the specified time limit by the state.
- A lawyer can advise you on who may claim wrongful death under California law.
- A lawyer will gather the necessary documentation before filing the claim. A death certificate, for example, may be necessary to file a wrongful death claim.
- A lawyer will submit the wrongful death claim.
- The plaintiff and defendant then start the lawsuit’s discovery process. During this time, the parties may reach a settlement at any point.
- The case goes to court if the parties cannot come to an agreement.
- Family members can receive compensation.
Who May Bring a Claim for Asbestos-Related Wrongful Death?
Based on jurisdiction, filing a claim for asbestos causing wrongful death varies based on specific rules. In other words, the following list of people is generally able to file such a claim:
- Immediate family members such as spouses, children, or parents are able to file a wrongful death claim caused by asbestos.
- Someone who owns and carries a title in the descendant’s estate also has the ability to file, in some cases.
- Dependents who were reliant on the deceased to financially provide for them.
- Heirs are also legally entitled to file an asbestos-caused wrongful death claim.
Contact an Attorney Today!
It is important to note that asbestos-related wrongful death cases can be complex, and the specific requirements and procedures vary across jurisdictions. It is advisable to consult with an attorney who specializes in asbestos litigation to understand the laws and regulations applicable to your particular situation.