A mesothelioma wrongful death lawsuit is a civil legal action that holds the negligent party liable for damages resulting from an asbestos-related death. The negligent party is usually a company that made asbestos products.
Dealing With the Death of a Loved One
Losing a loved one isn’t easy, because those we love leave a lasting impression on us. If you’ve lost someone to mesothelioma, there are many support groups that provide comfort, support, and a sense of community for people who lives have been touched by the disease. To find a support group near you, visit the American Cancer Society’s (ACS) website for a list of resources in your city and state.
The average mesothelioma settlement ranges from $100,000 to $3 million.
Let us take a look and evaluate how much your case is worth. You have legal rights and may be eligible for compensation.
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The Burden of a Mesothelioma Caregiver
Losing someone, whether a relative, loved one, or friend, is always difficult. This is especially true for caregivers or people who take care of someone battling a terminal illness. Mesothelioma is a serious, and often deadly, condition with a poor prognosis. Often times, patients need immediate help from family members and friends, whether they admit it or not. Often times, they need their families and loved ones to help care for them, whether they admit it or not. Unfortunately, when the patient does pass, the burden of that loss can fall on the caregiver’s shoulders. If you recently lost someone you were taking care of to mesothelioma, it is not your fault. You did everything in your power to help them.
What Happens If You Lose Someone to Mesothelioma
Aside from the apparent devastation and grief that comes with losing a loved one, many people don’t realize the difficult situations that follow. Whether it means the family has now lost a source of income or hospital bills just keep piling up, the loss of someone can often impact a family in ways they didn’t expect. People are so focused on helping their loved one get better, they often don’t realize what is waiting on the other side.
What Is a Wrongful Death Lawsuit?
When someone dies of mesothelioma, surviving family members may be eligible to file a wrongful death lawsuit against the companies responsible for their loved one’s asbestos exposure.
Courts have found companies that manufactured, distributed or used asbestos products liable for the injuries and deaths caused by their asbestos products. Patients still living with mesothelioma may file personal injury lawsuits in their own name to access compensation for their injuries.
Immediate Mesothelioma Support
If you’re looking for immediate support, here’s a list of online resources:
- The Mesothelioma Applied Research Foundation (MARF) Facebook Group
- The MARF Telephone Support Groups
- The Cancer Support Community’s Online Cancer Support
- The Cancer Support Community’s Cancer Support Helpline
- Daily Strength’s Online Mesothelioma Support Group
- The Cancer Forums
- The Cancer Hope Network
Filing a Wrongful Death Suit
In cases where a loved one died from undiagnosed mesothelioma or passed quickly once the disease was discovered, families and loved ones may be eligible to file a wrongful death claim. This type of lawsuit is applicable when the person died from mesothelioma but didn’t know they had the disease until it was too late. Coming to terms with the death of a loved one and then filing a mesothelioma claim against the companies responsible can seem challenging. The companies will fight you, the lawyers will encourage you, but you’ll still be left missing the one you lost. Remember, though, that these lawsuits aren’t meant as a form of revenge, they’re meant to help a family who has just lost a part of itself. Sometimes, this means loss of income. Other times, it means to help the family out of a hard situation of unpaid medical bills that have piled up. Do not feel ashamed for filing a wrongful death claim. Take the help offered. It is out there for a reason.
Who Can File a Wrongful Death Suit
A wrongful death suit can be filed by anyone who represents the victim’s estate. While this typically falls on the spouse, it can be anyone the patient designated in their will. This can include:
- Children (adopted, biological, or step-children)
- Parents, grandparents, or legal guardians
- Financial dependents (depending on the particular state)
If you have lost someone to mesothelioma and are representing their estate, whether you are a blood relative or not, you are eligible to file a claim both for yourself or on behalf of the family. Reach out to a legal specialist to learn more.
Statute of Limitations
Be aware, there is a statute of limitations on filing a wrongful death claim. The statute of limitations, as determined by each individual state, is the amount of time that a person has to file a claim after discovering they have mesothelioma. This applies to wrongful death claims, as well as any additional lawsuits, including personal injury claims, which are filed as a result of a mesothelioma diagnosis.
If claims aren’t filed within the statute of limitations, or specific time frame, families may not be eligible for compensation. A wrongful death claim can be denied if a patient is diagnosed while alive, but fails to file a claim before death. If you or a loved one are diagnosed with mesothelioma and believe you have a case for compensation, time is of the essence. To learn more, reach out through our free case evaluation, and talk to a patient advocate or attorney immediately.
What happens in a mesothelioma wrongful death case?
An experienced attorney can explain what happens in these instances. A mesothelioma lawyer can help a victim’s loved ones decide if a wrongful death lawsuit is the best course of action. There are two ways a mesothelioma wrongful death lawsuit can result in compensation.
Are mesothelioma lawsuits settled out of court?
Most mesothelioma wrongful death lawsuits are settled out of court. The average wrongful death verdict is higher than the average settlement. But your attorney may want to negotiate a settlement because it allows the family to obtain the compensation they need to move forward with their lives.
What is the average mesothelioma claim payout?
Typically, the average mesothelioma claim payout can range, for personal injury and wrongful death lawsuits, between $1 million and $1.4 million. The average mesothelioma trial verdict amount is approximately $2.4 million per the 2016 Mealey’s Litigation Report.
What is an asbestos wrongful death settlement?
An asbestos wrongful death settlement is an agreement between parties to dismiss the lawsuit before or during trial. The defendant offers to provide compensation to no longer be liable. The plaintiff then must agree to the offered settlement amount. A lawyer will negotiate and provide consultation to their client during any settlement process.