Filing A Wrongful Death Claim for Mesothelioma
When someone dies from mesothelioma, their family may be left with more than grief. They may also have questions about how the disease developed, where the asbestos exposure occurred, and whether the companies responsible can be held accountable. Families sometimes assume that the death of a loved one also ends any potential asbestos claim. That is not necessarily true. A wrongful death claim may allow certain family members to seek compensation when a person’s death was caused by another party’s negligence or exposure to asbestos-containing products.
Wrongful death laws are different from state to state. In many states, the person who files the lawsuit is not necessarily the person who will receive all of the compensation. The lawsuit may be filed by the personal representative of the deceased person’s estate. If the person had a will, this may be the executor. If there was no will, a court may appoint an administrator. The personal representative handles the legal process on behalf of the estate or the people entitled to benefit from the claim. That person could be a surviving spouse, adult child, or another individual appointed by the court.
What Happens if the Person Had Already Filed a Lawsuit?
Sometimes a person diagnosed with mesothelioma begins a lawsuit but dies before the case is resolved. Their death does not automatically end the legal process. Depending on the law that applies, the personal injury claim may continue through the person’s estate. A survival action generally involves the legal claim the person had while they were alive. It can include damages related to the illness, medical treatment, pain and suffering, lost income, and other losses experienced before death, depending on applicable law. A wrongful death claim focuses on the losses suffered by surviving family members. Those losses may include funeral expenses, medical costs, lost financial support, and other damages allowed by state law. The difference between these claims can affect how a case is handled and who may be entitled to compensation.
Gathering Evidence for a Wrongful Death Claim
Investigating asbestos exposure can be difficult even when the person diagnosed with mesothelioma is able to provide information. After death, that investigation may become more challenging. Records and testimony gathered during a person’s lifetime can be extremely valuable. Depending on the case, this may include employment records, Social Security records, military documents, union records, medical records, depositions, and testimony from former coworkers. These records can help establish where someone worked, what types of products they encountered, and which companies may have been responsible for their asbestos exposure.
For example, someone who worked at a steel mill in the 1960s may have known that asbestos was present but never known the names of the companies that manufactured the insulation, gaskets, pumps, or other products around them. Former coworkers and historical records may help fill in those gaps. Previous asbestos litigation may also provide useful information. Documents from earlier cases can sometimes help identify products, manufacturers, worksites, and other details that would otherwise be difficult to establish decades later.
The fact that someone died before filing a lawsuit does not necessarily mean their family has no legal options. A wrongful death claim may still be available, depending on the circumstances and the law of the state involved. State law also sets deadlines for filing wrongful death and other asbestos-related claims. Someone may have lived in one state, worked in another, and later received a mesothelioma diagnosis or died somewhere else. For that reason, families should not rely on a general deadline they found online. An attorney can review the circumstances of the case and determine which deadlines and laws may apply.
A wrongful death claim cannot undo those losses. It can, however, provide a way for eligible family members to seek compensation and hold responsible companies accountable when asbestos exposure contributed to the death.
If your family has lost a loved one to mesothelioma, you may have questions about whether a wrongful death claim is possible. Goldberg, Persky & White can help you understand your legal options and the steps involved in investigating an asbestos-related claim. Contact Goldberg, Persky & White to discuss your family’s circumstances and learn more about the options that may be available.
