[Guide] How to File Asbestos Claims After Death of a Loved One

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed by the spouse or dependents of a deceased person against the person or entity responsible for their death.

The purpose of a wrongful death claim is to compensate the remaining loved ones and family members for their losses, including funeral expenses, lost wages, pain and suffering, and emotional distress.

To win a wrongful death claim, the plaintiffs and their legal representation must prove that their loved one’s death was caused by the negligence or an intentional act of the defendant.

The defendant must have had a duty of care to the deceased; they must have breached that duty, and their breach must have caused the death.

In a mesothelioma wrongful death lawsuit, claimants must prove that their loved one died because of asbestos-related diseases.

For a mesothelioma case, the plaintiff must provide a clear connection between the cancer and exposure to asbestos.

This causation can be made based on the deceased individuals working environment or use of a product containing asbestos.

Filing a Wrongful Death Lawsuit: The Steps To Take

If you plan to file a wrongful death case for asbestos exposure, you must be aware that it involves several important steps.

These steps are crucial for building a strong case and seeking justice.

Our attorneys will seek compensation on your behalf, whether through targeted asbestos lawsuits or by filing an asbestos trust fund claim, dependent on the facts of your case and the potential liable parties.

An experienced mesothelioma law firm can determine the best course of action for your wrongful death lawsuit.

Book a Consultation With an Experienced Asbestos Attorney

The first step is to seek legal counsel from an experienced asbestos or mesothelioma lawyer who specializes in wrongful death lawsuits.

Your asbestos lawyer will assess the details of your situation, review medical records, consider any relevant statute of limitations, and gather evidence to determine the strength of your case.

An experienced mesothelioma lawyer will also provide guidance throughout the process and help you understand your legal rights and options.

As you look for a mesothelioma attorney, be sure to research their areas of practice and look for other indicators of skill and experience.

It’s important to choose a law firm that has successfully handled mesothelioma wrongful death claims in the past and knows the best course of action for your situation.

Gathering Evidence for the Asbestos Claim

To support your wrongful death claim, it’s essential to gather compelling evidence that establishes a connection between asbestos exposure and the resulting illness and death.

Evidence in a mesothelioma wrongful death lawsuit may include:

• Medical records
• Autopsy reports
• Employment history
• Witness statements
• Other relevant documentation demonstrating the link between exposure and the fatal illness

Identifying Responsible Parties

Determining the parties responsible for the asbestos-related illness or exposure is crucial for holding them accountable in the lawsuit.

Depending on the circumstances, responsible parties may include asbestos manufacturers, employers, contractors, property owners, or any other entities that negligently exposed the victim to asbestos.

Your attorney will assist in identifying and naming these parties in the lawsuit.

Filing the Wrongful Death Case

Once the responsible parties have been identified, your attorney will draft the necessary legal documents and officially file the wrongful death lawsuit with the appropriate court.

The complaint will outline the facts of the case, the damages sought, and the legal basis for holding the defendants liable.

Service of Process

After the lawsuit is filed, the defendants must be served with the complaint and other legal documents, notifying them of the lawsuit against them.

This step ensures that all parties involved are aware of the legal proceedings and have an opportunity to respond.

For this step of filing an asbestos claim, your attorney will inform the defendants.

Discovery Phase

During the discovery phase, both parties exchange information and evidence relevant to the case.

This may include written questions (interrogatories), requests for document production, and depositions of witnesses.

Discovery allows each side to gather information, assess the strengths and weaknesses of the case, and prepare for trial.

Again, this part of the process will be completed by your attorney.

Your role in this process will be to stand by and provide any information, documents and other pieces of evidence required for the asbestos wrongful death settlement or lawsuit.

Settlement Negotiations

In many cases, settlement negotiations may occur at various stages of the litigation process.

Your attorney will engage in discussions with the defendants or their insurance representatives to explore opportunities for a fair settlement.

This can potentially save time and expenses associated with a trial.

You can reach an agreement and never have to face court to get asbestos compensation.

Trial or Litigation

If a settlement cannot be reached, a case may proceed to trial.

Your attorney will present your case before a judge or jury, offering evidence, testimonies, and expert opinions to establish the negligence of the defendants and the resulting damages.

The opposing party will present their defense, and a decision will be rendered based on the evidence presented.

If you get a favorable ruling after the asbestos litigation, the defendant will be legally obligated to pay financial reparation for the damages you suffered.

Appeals

The court may rule in favor of the defendant.

However, this is not the end of your asbestos lawsuit. Either party may have the option to appeal the decision if there are legal grounds for doing so.

Appeals involve higher courts reviewing the trial court’s decision and assessing whether any legal errors occurred during the trial.

It’s important to note that the steps involved in filing an asbestos wrongful death lawsuit may vary depending on the jurisdiction and specific circumstances of the case.

Working closely with a knowledgeable attorney will ensure that you follow the appropriate legal procedures and maximize your chances of a successful outcome.

Can Asbestos Exposure Result in Wrongful Death?

Asbestos is a naturally occurring mineral that was widely used in various industries due to its heat resistance and durability.

Unfortunately, prolonged exposure to asbestos fibers can lead to severe health risks, including cancer and death.

When asbestos fibers are inhaled or ingested, they can become lodged in the body, causing inflammation, scarring, and eventually, the development of life-threatening conditions.

This happens primarily because of amphibole fibers, a type of asbestos particle with needle-like ends.

These sharp fibers scar the lung tissue and the pleural membrane surrounding it. The injury induces the creation of scars, which stiffen the lungs.

This condition is called asbestosis.

However, asbestos also causes gene mutations in the new cells.

This damage to the DNA can result in diseases like lung and pharyngeal cancer.

Those who were able to survive these medical issues may be eligible to file a personal injury lawsuit to get compensation for their damages.

However, some diseases are fatal. That’s when a wrongful death lawsuit becomes applicable.

Mesothelioma

Among the various health effects of asbestos exposure, mesothelioma is arguably the most dangerous one.

This is a rare and aggressive cancer that primarily affects the protective lining (mesothelium) of the lungs and nearby organs of the upper chest.

Mesothelioma is almost exclusively caused by asbestos exposure, with symptoms often manifesting several decades after initial exposure.

Mesothelioma patients have a 100% mortality rate, passing away four to 18 months after the diagnosis.

When a mesothelioma patient dies, it will be up to the remaining loved ones to file a claim.

What Damages Can You File in Wrongful Death Claims?

a wrongful death lawsuit for an asbestos disease, various types of damages can be sought to compensate the surviving family members for their losses.

These damages aim to provide financial relief and acknowledge the physical, emotional, and financial impact caused by the loss of a loved one.

Medical Expenses

Compensation may be sought for the medical expenses incurred during the victim’s illness.

This includes costs associated with diagnostic tests, hospital stays, surgeries, medications, treatments, rehabilitation, and any other medical services that were necessary due to the asbestos-related disease.

Loss of Income

The loss of income or financial support resulting from the victim’s death is a significant factor in wrongful death lawsuits.

Damages may be awarded to compensate for the income the deceased would have reasonably earned had they not been affected by the asbestos-related disease.

This can include wages, bonuses, pensions, retirement benefits, and other forms of financial support that the deceased would have provided to their dependents.

Funeral and Burial Costs

The expenses associated with the funeral and burial of the deceased can be overwhelming.

Wrongful death damages can include reimbursement for funeral expenses, such as funeral services, caskets, cremation or burial costs, transportation, obituary notices, and other related expenses.

Loss of Consortium

Loss of consortium refers to the deprivation of the companionship, emotional support, guidance, and intimate relations that the deceased would have provided to their surviving spouse or partner.

Damages may be awarded to compensate for the loss of these intangible elements of a relationship, acknowledging the emotional impact on the surviving spouse or partner.

How Can Experienced Mesothelioma Attorneys Help With Your Claim?

When it comes to filing for mesothelioma compensation or a claim for asbestos trust funds, a lawyer that’s familiar with the process and has a track record of successful wrongful death cases can help you.

A wrongful death lawyer can represent you in every step of the lawsuit, fighting to get the compensation you are entitled to.

If you’re looking for asbestos lawyers that have worked on mesothelioma wrongful death lawsuits and have a proven track record of success, contact TorHoerman Law.

TorHoerman Law: Your Wrongful Death and Mesothelioma Lawyers

TorHoerman Law represents clients in 50 states and our mesothelioma attorneys have served as leaders in several national asbestos litigation efforts.

Our law firm is comprised of skilled investigators, medical staff, secretaries, paralegals, and case support personnel who are skilled at providing the exceptional personal attention that your mesothelioma lawsuit deserves.

Contact TorHoerman Law today for a free, no obligation mesothelioma lawsuit consultation.

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TorHoerman Law: Your Mesothelioma Law Firm