Asbestos Lawsuit After Death
An experienced asbestos lawyer can make a wrongful-death lawsuit against the manufacturers of asbestos-based products. A lawyer can gather evidence like bank statements as well as medical records, receipts and testimony to prove exposure to asbestos.
Asbestos-related diseases have long latency periods meaning that symptoms can be present for decades before they are recognized. This is why the statute of limitations for personal injury cases are applied differently to mesothelioma.
Compensation
Asbestos lawsuits following death usually award family members compensation to cover expenses like funeral expenses, loss of income, medical bills, and so on. Families also may receive compensation for pain and suffering, grief, and emotional trauma. Compensation is designed to help a victim's loved ones recover from the wrongful death of a parent, spouse, child, or sibling.
An experienced mesothelioma attorney can help surviving relatives determine how much an asbestos-related claim should be worth. The lawyer will examine a victim's medical records and asbestos exposure timelines to construct an accurate picture. They can also contact colleagues or anyone else who might have had contact with the victim to find out if asbestos was ever exposed. They also search for evidence, like mesothelioma signs or a diagnosis to aid in establishing the case.
After the lawyer has completed their work, they can file a wrongful death suit on behalf of the deceased loved one. The statute of limitations for wrongful deaths differs from state to state. Your lawyer can explain what it means for your situation.
When the wrongful death lawsuit is filed, the attorneys will negotiate with the makers of asbestos products to get financial aid for the victims. They may also file claims using trust funds, which are created by bankrupt asbestos companies to compensate victims and their families.
Asbestos litigation differs from other personal injury claims due to the long time periods of latency associated with asbestos-related disease. The time-limit for other cases begins when the injury is discovered and in asbestos cases, the latency period can be decades or more before a person develops symptoms. This makes the process more difficult and requires the help of an experienced attorney.
Statute of Limitations
You may be entitled to financial compensation if you have been diagnosed with an asbestos-related illness. A successful lawsuit or claim to a trust fund can be used to pay for medical expenses, home health costs as well as lost wages and quality of life funeral costs, and medical bills. A specialist lawyer can help you determine which type of lawsuit best suits your needs.
In the United States asbestos lawsuits are governed under state laws and statutes. The standard procedure dictates that the clock starts at the date the claimant is diagnosed (for personal injury claims), or the date the claimant dies (for wrongful-death claims). However, this is complicated by the fact that asbestos-related illnesses generally take a long time to manifest. This "latency period" makes it challenging to stick to the time limits set forth in most statutes of limitations.
The law in each state varies and there are a variety of factors that can impact the time frame for a particular claim. The location of the victim's exposure, the locations of asbestos-related companies or work sites, and whether they were a residential or commercial consumer can all be considered in the legal process.
A knowledgeable lawyer can help you determine which deadlines apply and the required evidence to make an asbestos lawsuit or trust fund claim. The lawyer can also determine if there are any exemptions or exceptions which could delay the timeframe to file claims.
It's important to consult an attorney as soon as you can when filing an asbestos claim. The earlier you contact an attorney, the higher your chance of receiving financial compensation and winning your case.
Kazan Law's lawyers for wrongful deaths have assisted families affected by mesothelioma to get significant financial settlements. If you are interested in filing an asbestos claim, call the firm today for more information. The firm's experienced attorneys can assist you in submitting an injury claim or wrongful death claim and identifying the appropriate asbestos trust funds to suit your particular case. To find out more about how you can proceed with your asbestos case, fill out a free evaluation of your case.
Preparation
Asbestos victims should be prepared to file legal claims against companies who knew they exposed them to the dangerous asbestos. Many lawsuits involve multiple defendants as asbestos manufacturers concealed their knowledge of the health risks to workers for a long time. The victims and family members of the victims should be prepared to conduct a thorough examination of their past work and places of exposure to asbestos. The investigation typically involves retracing the steps of their asbestos exposure, which could require traveling to different states. Mesothelioma lawyers asbestos lawsuit settlement amounts have the expertise and resources required to conduct this investigation for their clients.
Mesothelioma litigation consists of two main types of claims that are personal injury and wrongful death. A wrongful death claim is filed by relatives after the death of a person due to an asbestos-related disease, including mesothelioma. These claims seek compensation to cover funeral expenses, lost income and other financial losses. Wrongful death lawsuits also help families hold asbestos manufacturers accountable for the negligence that caused the deaths of their loved ones.
A wrongful death lawsuit doesn't require the victim to be alive to file an asbestos-related lawsuit However, a living individual will need to provide testimony and evidence in the case. This includes medical records of a mesothelioma sufferer, their employment and asbestos test results.
A mesothelioma attorney can assist in preparing a wrongful death lawsuit after the victim's death by handling all legal matters for their client. This includes preparing the lawsuit and the negotiation of compensation. This lets the family concentrate on grieving and other necessities of life.
Asbestos is a mineral that occurs naturally was utilized in the 1940s and 1970s as a fire-retardant for construction and manufacturing. Workers were exposed to the toxic material when they constructed factories, homes, shipyards and power plants. The United States military also used asbestos to construct planes and ships in rapid speed in the fight against World War II.
Asbestos-related ailments, like asbestosis, lung cancer and mesothelioma can be life-threatening. These diseases have long latency periods which means that it could take a long time before symptoms are evident and an accurate diagnosis is confirmed. Asbestos-related diseases are often diagnosed only after a person's death and are therefore distinct from other kinds of wrongful death claims.
Filing
The process of filing a mesothelioma suit begins when the victim's family chooses an asbestos law firm to provide a no-cost review of their case. This free consultation is where mesothelioma lawyers determine the value of a case.
Once the lawyer has a clear idea of the potential value of a case the lawyer can begin to make the complaint and begin gathering evidence. They will need medical records to look over, asbestos-related documents from companies and employment documents, in addition to interviewing witnesses and conducting other research. In some cases they may subpoena old documents to prove negligence by companies that exposed their clients to asbestos.
The attorney will send each defendant a letter of demand once the complaint is prepared. The defendants are given a certain amount of time to respond. They will typically deny the allegations and claim that someone else is accountable for the incident. In this case, your lawyer will respond to the statement of the defendant and counter the claim on your behalf.
The lawsuits for wrongful death can result in asbestos settlements or a verdict in a trial that awards compensation. Asbestos trust funds were set up by asbestos companies that were bankrupt in order to pay out asbestos claims awards.
A claim for wrongful death due to asbestos can be filed in the name of the deceased family member, such as spouse, parent or child. While this is a challenging time for the family they can rest in knowing they will receive compensation to help with funeral costs as well as lost income and the pain and discomfort of the past.
The estate representative (or "estate") of the person who died from mesothelioma or asbestosis files the asbestos claim for wrongful death. The person who files the claim could be a close family member or the legal representative of the estate. Mesothelioma lawyers can assist families identify the right person to represent their estate.