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How to File an Asbestos Claim After Death of a Loved One

Philip Swanson 291 Views
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Dealing with a death in the family is difficult. When a loved one passes away from mesothelioma, families encounter unforeseen financial challenges. Asbestos claims offer families a means to seek compensation from the companies. Gaining insight into this process helps you honor your loved one’s memory while securing the financial support needed during such a challenging period.

Asbestos Wrongful Death Process

In a mesothelioma lawsuit, the family should prove the case. This is because their deceased loved one can no longer provide evidence or testimony. Engaging a seasoned mesothelioma attorney to assess a potential claim can be crucial in securing deserved compensation versus being denied recovery. A knowledgeable mesothelioma attorney can guide families through the wrongful death claim journey:

  • Hiring an attorney. If no claim was initiated before the loved one passed away, the estate’s representative may engage a mesothelioma attorney to handle the claim.
  • Initial investigation. The attorney conducts an initial investigation to identify the asbestos products and manufacturers linked to the loved one’s exposure.
  • Filing the claim. The lawyer will file a claim against the manufacturers responsible for the cancer.
  • Discovery phase. This pretrial litigation phase involves taking depositions. It also gathers testimonies and collects evidence. Attorneys from both sides will update the judge on case progress, negotiate settlements, or set a trial date.
  • Settlement or trial. Most mesothelioma cases are resolved through settlements. Very few go to trial. The typical mesothelioma settlement is approximately $1.4 million. The trial verdicts average around $2.4 million.

Significance of Filing Before a Loved One’s Passing

Filing wrongful death lawsuits is challenging because the injured party is no longer present to offer testimony or help find crucial evidence like work records, medical records, and other documents. 

The estate representative or surviving family members might not be aware of the deceased’s detailed work and medical history. They may lack contacts with former coworkers or other witnesses who could confirm the asbestos exposure the deceased faced during their career.

Handling Claims After the Claimant’s Death

If the original claimant in an asbestos case passes away before a settlement is reached, the process doesn’t have to stop. The estate representative can manage the claim. This is usually the executor designated in the deceased’s will or appointed by the court.

During this period, mesothelioma patient advocates can be crucial resources. They help ensure the legal process continues smoothly and facilitate treatment connections. These advocates offer legal assistance and connect individuals with experienced legal professionals who specialize in handling asbestos claims after a claimant’s death.

Mesothelioma Claim

Most mesothelioma cases could have been avoided if asbestos manufacturers had ceased using the mineral upon discovering its lethality. Mesothelioma rates would have stayed very low, as they were before asbestos became commonplace in workplaces, if manufacturers had stopped using it decades ago.

These manufacturers were aware that continuing to use asbestos would result in loss of life. A lawsuit cannot undo the harm caused. However, it does hold asbestos product manufacturers accountable for their actions and honors the memory of the loved one you lost. Filing a mesothelioma lawsuit may offer compensation to assist your family with:

Endnote

Pursuing an asbestos claim following a loved one’s passing can be both intricate and emotionally taxing. A seasoned attorney specializing in asbestos cases guides families through the legal proceedings and works toward the best possible result. These lawyers often have access to a wide network of resources to support victims and their families.