Unfortunately, many people diagnosed with mesothelioma pass away from the disease, leaving their families to deal with the emotional and financial burdens that come with losing a loved one.
For families who have lost someone to mesothelioma, filing a lawsuit may be one way to seek justice and financial compensation for their loved one's suffering. This process can be complex and emotionally challenging, but it is essential to understand the legal options available to you. In this blog post, we will explore
Understanding Mesothelioma Lawsuits
Mesothelioma lawsuits are typically filed against companies that exposed workers to asbestos, whether through negligence or failure to protect workers from dangerous asbestos materials. These lawsuits fall under personal injury or wrongful death claims, depending on whether the person diagnosed with mesothelioma is still alive or has passed away.
When a person diagnosed with mesothelioma passes away, their surviving family members or loved ones can file a wrongful death lawsuit in their place. This legal action can seek compensation for several damages, including:
- Medical expenses: These are the costs incurred in treating the deceased’s mesothelioma, including hospital stays, chemotherapy, surgeries, and any other treatments.
- Loss of income: If the deceased was the primary breadwinner, the family may be entitled to compensation for the lost wages or future earning potential.
- Pain and suffering: This refers to the emotional and physical distress experienced by the deceased before their passing.
- Funeral and burial expenses: The family can seek compensation for the costs associated with burying their loved one.
- Punitive damages: In some cases, if the defendant's actions were particularly egregious, punitive damages may be awarded to punish the company for its conduct.
While the specific laws vary from state to state, most mesothelioma lawsuits aim to hold the responsible parties accountable for the harm caused by asbestos exposure.
The Legal Process: Filing on Behalf of a Deceased Loved One
When a person with mesothelioma passes away, a wrongful death lawsuit can be filed by their surviving family members. This could include the spouse, children, or in some cases, other close family members. The steps involved in filing a mesothelioma lawsuit on behalf of a deceased loved one are outlined below.
Step 1: Determine Legal Standing
Before proceeding, it is essential to confirm who has the legal right to file the lawsuit. In most cases, the surviving spouse or children will have the standing to file a wrongful death claim. However, in some instances, other family members or the estate’s executor may also be able to file the lawsuit. It is advisable to consult with a mesothelioma attorney to determine who is eligible and the appropriate course of action.
Step 2: Consult with a Mesothelioma Attorney
Mesothelioma lawsuits can be highly complex, and navigating the legal landscape can be difficult without professional guidance. Consulting with an experienced mesothelioma attorney is crucial, as they can guide you through the process and help you understand your legal options.
An attorney will conduct a thorough investigation to determine the source of asbestos exposure, gather evidence, and identify the responsible parties. They will also assess the damages you may be entitled to receive. Additionally, an attorney can handle the legal paperwork, negotiations, and court proceedings, easing the burden on grieving families.
Step 3: Gather Documentation and Evidence
To build a strong case, your attorney will need to gather various forms of evidence. This may include:
- Medical records: These documents will show the diagnosis of mesothelioma and the treatments your loved one received. They will help establish the connection between the disease and asbestos exposure.
- Employment history: Since mesothelioma is often caused by workplace asbestos exposure, the attorney will need to document your loved one’s work history to identify potential exposure sites, such as construction sites, shipyards, or factories.
- Asbestos exposure records: Identifying where and when your loved one was exposed to asbestos is crucial. This may include records from former employers, exposure logs, or even testimony from coworkers who can confirm the exposure.
- Financial records: These documents will help calculate lost wages, medical expenses, and funeral costs, which will be factored into the compensation claim.
The more evidence you can provide, the stronger the case will be.
Step 4: Filing the Lawsuit
Once your attorney has gathered all the necessary evidence, they will file the wrongful death lawsuit on behalf of your loved one’s estate. This is typically done in the state where the person lived at the time of their death or where the company responsible for asbestos exposure is located.
In many cases, the defendant may seek to settle out of court rather than go to trial. However, if a fair settlement cannot be reached, the case may proceed to court, where a judge or jury will determine the outcome.
Step 5: Settlement or Trial
Mesothelioma lawsuits, particularly those involving wrongful death, often result in a settlement rather than a full trial. Companies that are accused of asbestos exposure frequently seek to avoid the time, expense, and publicity of a trial, so they may offer a settlement. Your attorney will advise you on whether the settlement offer is fair or if it would be worth pursuing a trial for a potentially higher award.
If a trial is necessary, the process can take time and may require testimony from experts, medical professionals, and witnesses. However, the jury will ultimately decide if the defendant is liable and how much compensation should be awarded to the surviving family members.
The Benefits of Filing a Lawsuit
Filing a mesothelioma lawsuit on behalf of a deceased loved one can provide several important benefits:
- Justice for the deceased: It ensures that the responsible parties are held accountable for their actions.
- Financial compensation: It can provide financial relief for the family to cover medical, funeral, and other expenses related to the death.
- Closure: While no amount of money can bring back a loved one, holding companies accountable for their negligence can offer emotional closure.
Losing a loved one to mesothelioma is an incredibly painful experience. However, filing a lawsuit can help provide financial relief and ensure that those responsible for the asbestos exposure are held accountable. You must work with our experienced mesothelioma attorney at Robins Cloud LLP to let us navigate the complexities of the legal process and ensure that your family receives the justice it deserves.
Contact us today to let our team help you during this difficult time.
