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  • Writer's pictureRobert Schuerger

Navigating the Legal Path: Can You Claim for Mesothelioma after Death?

Mesothelioma is a serious illness often caused by asbestos exposure, which can sadly lead to loss of life.


When this exposure results in death, family members may have the option to seek justice and financial support through a wrongful death lawsuit. These legal actions can address costs such as medical bills and lost income.


In this article, readers will learn how to approach such asbestos claims after death, understand the role of an experienced mesothelioma lawyer, and get insights into the average settlement amount.

It will guide families through the process of filing a wrongful death claim to secure the asbestos compensation they deserve. Schuerger Shunnarah Trial Attorneys can also answer How do you prove mesothelioma?


Understanding Mesothelioma and Its Impact

Understanding Mesothelioma and Its Impact


This is a severe and often fatal illness directly linked to breathing in asbestos fibers. Asbestos, a common material used in industries and construction, can cause damage to the lungs that leads to this type of cancer.


When individuals develop mesothelioma due to asbestos exposure, it can take years to show. The condition's seriousness means that once diagnosed, it may rapidly affect a person's health, often leading to death.


Now, for families, the pain of losing someone to mesothelioma extends beyond sadness. It brings a heavy financial burden from medical expenses and lost income, especially if the deceased person was the primary earner. This situation is where wrongful death claims and lawsuits come into play.


By filing a wrongful death lawsuit, families can seek financial relief and justice against the companies responsible. Legal action can lead to an asbestos claim after death, which may result in an average mesothelioma settlement to support the family.


An experienced lawyer can offer guidance on how to navigate these complex claims and help advise on what you can claim for with mesothelioma.


The Basis of a Wrongful Death Claim in Mesothelioma Cases


When someone dies because of another's action or negligence, the law allows family members to file a wrongful death lawsuit.


This legal action aims to provide financial support to those left behind and to hold responsible parties accountable. It's especially relevant when the deceased person is the primary provider, and their death leaves the family in a challenging spot financially.


Definition and Purpose of Wrongful Death Claims

A wrongful death claim is brought when the fault of another person or company causes someone's death. In the context of asbestos exposure, these claims are filed against the companies that failed to warn about or protect against the dangers and risks.


The primary goal is to secure financial stability for the deceased person's family, covering expenses such as medical bills, funeral costs, and lost future earnings. It's also a way to seek justice and highlight the wrongs done by these companies, which can lead to changes that protect others in the future.


Specificity of Mesothelioma Wrongful Death Claims

Mesothelioma wrongful death claims have a unique aspect because this disease is directly linked to asbestos exposure. When filing such a claim, it's crucial to show that the deceased person developed this disease due to exposure at work or from products containing these fibers.


Evidence such as medical records and employment history are vital in these cases. This specificity means that these claims often require the expertise of a mesothelioma lawyer who knows the intricacies of asbestos laws.


They can navigate the complex process of proving the link between the victim's disease and their asbestos exposure.


Eligibility and Legal Rights in Asbestos Claims


When a mesothelioma patient dies, their loved ones are faced not only with grief but often with financial and legal burdens. It's essential to understand who can legally take action to ease some of this strain through a wrongful death lawsuit.


Typically, this right is reserved for immediate family members such as spouses, children, or parents. In some cases, other relatives who were financially dependent on the deceased might also have the right to file an asbestos claim.


Understanding the rights of family members in the wake of such a loss involves recognizing their eligibility to pursue a wrongful death claim. This means assessing the relationship with the deceased and the financial impact of their passing.


Family members have the right to seek compensation from those responsible for the asbestos exposure that led to the disease.


Essentially, this could include previous employers or manufacturers of asbestos-containing products. While no amount of money can replace a loved one, successful legal claims can offer financial support and a sense of justice for the family's loss.


Steps to Filing a Mesothelioma Wrongful Death Lawsuit


Taking the first steps toward filing a mesothelioma wrongful death lawsuit requires careful preparation. The initial phase involves gathering all pertinent documents, which include medical records of the deceased, proof of their asbestos exposure, and documentation of their death.


It's also essential to identify the appropriate court and understand the filing requirements, which can vary by state. This might include specific forms or deadlines that must be met to initiate an asbestos claim.


An experienced mesothelioma lawyer can be invaluable during this stage, ensuring all legal criteria are met, and the process moves forward without delay.


Preparation for Filing

Preparing to file a wrongful death claim begins with the collection of critical evidence. This includes obtaining the deceased's medical records that confirm mesothelioma as the cause of death and proof of asbestos exposure.


It's also crucial to determine the proper jurisdiction and adhere to the specific procedural rules for filing a lawsuit in that region. Moreover, the preparation stage may involve detailed discussions with family members and potential witnesses, as well as consultations with medical and occupational experts.


The Discovery Phase

Once a mesothelioma wrongful death lawsuit is filed, the case enters the discovery phase. This is when both sides exchange information by collecting documents, depositions, and interrogatories.


Now, for the claimants, this means thorough research for employment records, testimonies from co-workers, and other evidence that can pinpoint where and how the asbestos exposure occurred.


Gathering robust evidence is essential to building a solid case against asbestos companies, showing their negligence in exposing workers or consumers to the harmful effects of these fibers without adequate warnings or safety measures.


Compensation in Mesothelioma Wrongful Death Lawsuits


When a family loses a loved one to mesothelioma, they may be entitled to compensation through a wrongful death claim. This financial compensation can cover a variety of losses and expenses.


These might include the costs of medical care before the deceased's passing, funeral expenses, lost wages that the deceased would have earned, and the loss of companionship for the surviving family members. 


In some cases, the court may award punitive damages to punish the asbestos companies for their negligence.


Types of Damages and Compensation Available

The range of damages in mesothelioma wrongful death lawsuits can be broad. They typically fall into two categories: economic and non-economic.


Economic damages are tangible and include medical bills, funeral costs, and lost earning potential. Non-economic damages, while more subjective, address the emotional impact, such as pain and suffering or loss of companionship.


Some states also allow for punitive damages, which aim to punish the wrongful parties and serve as a deterrent for similar actions in the future.


Factors Influencing the Average Mesothelioma Settlement

Several factors can influence the settlement amount in a mesothelioma wrongful death claim.

The age and health of the deceased at the time of diagnosis, the level of evident negligence by the asbestos companies, the number of defendants, and the jurisdiction where the claim is filed can all impact the final settlement figure.


Additionally, the deceased's work history, duration of asbestos exposure, and their role in providing for their family are considered. Each case is unique, and the average mesothelioma settlement varies between $1 million and $2 million, reflecting the specific details of the individual claim.


Mesothelioma Lawsuit Timeline and Settlements


A mesothelioma lawsuit often involves a detailed and sometimes lengthy process. Typically, the time from filing a lawsuit to reaching a settlement can range from several months to a couple of years. It depends on the case's complexity, the court's schedule, and the willingness of both parties to reach an agreement.


Most mesothelioma lawsuits are settled out of court before a trial starts, as companies may prefer to avoid the publicity and uncertainty of a jury verdict. Real-life settlement examples have shown a wide range of outcomes, reflecting the specific details and circumstances of each case.


Some settlements have reached into the millions, especially if the claim demonstrates clear evidence of negligence and substantial impact on the family members' financial and emotional well-being.


These examples serve as a reminder that while average figures can provide a benchmark, each claim is assessed on its individual merits, and the compensation awarded can vary significantly.


Asbestos Trust Fund Claims in the Wake of a Death


Trust funds are financial reserves created by bankrupt companies to provide compensation for individuals affected by asbestos-related diseases.


They are established during the bankruptcy process to ensure that current and future claims can be addressed, even if the company is no longer in business. Asbestos trust funds are a critical resource for those seeking justice for the harm caused by being exposed to these fibers.


Filing an Asbestos Claim after Death Using a Trust Fund

When a family member passes away due to this disease, their loved ones may have the option to file a claim against an asbestos trust fund.


This process involves submitting detailed documentation, including medical records and evidence of asbestos exposure, to demonstrate the deceased's condition was due to the negligence of a company. Family members must file the claim within certain time limits, which vary by state.


The Benefits of Pursuing an Asbestos Trust Fund Claim

Filing a claim with an asbestos trust fund can provide financial benefits to the family members of the deceased.


While no amount of money can compensate for the loss of a loved one, these funds can help cover medical bills and funeral costs and provide support for lost income. It's a way for families to achieve a sense of financial relief and justice after suffering a significant loss.


Legal Challenges and Overcoming Them


Navigating wrongful death lawsuits, especially those related to asbestos claims, often presents various obstacles. These legal hurdles can range from proving the direct link between asbestos exposure and the victim's mesothelioma to dealing with the complexities of trust fund claims.


This is a path filled with detailed legal processes and stringent requirements.


Common Obstacles in Wrongful Death Lawsuits

In wrongful death lawsuits, families often face challenges such as pinpointing liability among multiple asbestos companies or adhering to strict filing deadlines.


Gathering comprehensive medical records to back the asbestos-related disease claim is another hurdle, compounded by the need to establish a clear, documented history of exposure.


Such complexities can make it difficult to file a wrongful death claim without seasoned legal guidance.


How Schuerger Shunnarah Trial Attorneys Navigate Complex Cases

Schuerger Shunnarah Trial Attorneys brings expertise and a strategic approach to each mesothelioma lawsuit. Our law firm understands the intricacies of litigation, including the nuances of asbestos trust fund claims and the factors influencing the average mesothelioma settlement.


With a wealth of experience, our asbestos lawyers in Dallas work meticulously to overcome common obstacles, ensuring that family members' rights are upheld and that they file a wrongful death claim effectively and efficiently.


We are dedicated to securing justice for our clients and navigating through the legal challenges toward a resolution that acknowledges the wrongful death and its impact on the family.


The Importance of Legal Help

The Importance of Legal Help


When dealing with asbestos claims and the tragedy of wrongful death, expert legal help is not just beneficial but essential. The attorneys at Schuerger Shunnarah understand the weight of these cases, especially when a family is filing an asbestos claim after death.


We have the knowledge to go to war for our clients and tackle asbestos-related disease cases. Also, we can guide family members through the process of a personal injury claim with care and professionalism.

Our experience with mesothelioma lawsuits provides the support and expertise needed to navigate the complex legal system, aiming to secure the justice and compensation deserved.


Final Thoughts


Filing an asbestos claim, especially after the loss of a loved one, is a significant step towards obtaining justice. Mesothelioma lawsuits can be complex, but they serve as a crucial avenue for families to receive due compensation.


Furthermore, our team at Schuerger Shunnarah Trial Attorneys offers expertise to navigate these challenging legal waters. We are dedicated to ensuring that the intricacies of asbestos claims after death are managed with the utmost care, providing supportive guidance for families during these challenging times.

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