Losing a loved one to mesothelioma is devastating, and the emotional toll can be overwhelming. Such deaths can lead families to confront two significant challenges: emotional loss and financial expenses, such as medical expenses and income loss. Fortunately, wrongful death claims provide a legal avenue for families to seek compensation and hold responsible parties accountable.
If your loved one passed away due to mesothelioma caused by asbestos exposure, you may be eligible to file a claim. This guide explains the necessary five steps for submitting a mesothelioma wrongful death claim.
- Determine Your Eligibility to File a Claim
Before filing a claim for mesothelioma settlement after death of your loved one, you must check if you’re eligible to file it. Under state-specific laws, these individuals are eligible for filing:
- Spouse: A surviving husband or wife is usually the primary claimant.
- Children: Biological, adopted, or stepchildren may be eligible to file.
- Parents: If the deceased was unmarried, parents may have the right to file.
- Estate representative: They stand as the claimant when no family members exist to take the responsibility.
Also, research which kind of payment you are eligible for. You can claim for:
- Medical bills: Medical expenses of treatment done before the death of a loved one
- Lost wages and future earnings: The financial loss from missing a provider’s work and the future earnings the family would have generated become part of the compensation.
- Funeral and burial expenses: The costs of both funeral services and burial need assistance through fund payments.
- Pain and suffering: Acknowledging the emotional toll on the family.
Since state laws dictate eligibility, consulting a mesothelioma attorney can clarify your rights and ensure you meet all legal requirements.
- Gather Key Evidence for Your Case
A successful wrongful death claim requires solid evidence which demonstrates that mesothelioma developed from asbestos exposure. Essential documents and proof include:
- Medical records: These confirm the mesothelioma diagnosis and treatment history.
- Work history and employment records: These help establish asbestos exposure, mainly if your loved one worked in industries such as construction, shipbuilding, or manufacturing.
- Military service records: Veterans exposed to asbestos while serving may have additional legal options.
- Witness statements: Testimonies from coworkers, family members, or others who can verify asbestos exposure.
- Financial records: Documents detailing lost wages, medical expenses, and other economic losses
- Identify the Right Type of Mesothelioma Claim
Two significant forms of legal claims exist for families following mesothelioma deaths. The first type is a wrongful death lawsuit that exists for businesses that expose workers to asbestos. The family can seek reimbursement for medical costs combined with death expenses and wage loss, as well as reimbursements for physical and psychological harm. These claims often result in settlements but may go to trial.
The second type is an asbestos trust fund. Some asbestos manufacturers have created trust funds to compensate their victimized former employees. This may be the best option if the responsible company has filed for bankruptcy. The payout process for these claims is quicker than traditional lawsuits. An attorney can evaluate your case and determine the type of claim that best suits your situation.
- File the Claim Within the Statute of Limitations
Each state establishes a time restriction known as the statute of limitations for wrongful death claims. In most states, a claim must be filed within one to three years of the passing date. Failure to meet this deadline means losing access to compensation. Since these laws vary by state, you must act quickly and consult a lawyer to ensure you file within the required timeframe.
- Consult a Mesothelioma Lawyer
Working with an experienced lawyer in filing a mesothelioma claim can help you achieve a successful outcome because of their expertise in handling such complex situations. A mesothelioma attorney can help you:
- Investigate asbestos exposure history to build a strong case.
- File the necessary paperwork and handle legal deadlines.
- Negotiate settlements to ensure fair compensation.
- Represent you in court if the case goes to trial.
Additionally, if you can’t afford the legal fees, look for lawyers who accept payment only when they secure a claim win through their contingency fee structure.
Endnote
You may find mesothelioma wrongful death claims overwhelming, but legal action creates financial protection for your family while making responsible parties responsible. The path to successful mesothelioma wrongful death claims becomes smoother with these five sequential actions: determining eligibility, gathering evidence, and identifying the appropriate claim before filing before the deadline while working with an attorney. Getting in touch with a mesothelioma attorney immediately after losing someone to this condition allows you to learn about your legal options for seeking justice.
