Asbestos & Mesothelioma Law Blog
A mesothelioma wrongful death claim is a claim that is filed after a victim passes away. It is a type of claim that allows surviving family members to recover compensation from negligent parties, such as manufacturers of asbestos-contaminated products. Mesothelioma wrongful death claims are typically filed against individuals and companies who knew that certain products were dangerous but failed to give a warning. The following is more on mesothelioma wrongful death claims.
Who is Allowed to File a Mesothelioma Wrongful Death Claim?
In a mesothelioma personal injury claim, the plaintiff, that is, the person bringing the claim and seeking compensation, is usually the patient who has suffered harm because of the negligence of another party. When it comes to wrongful death claims, the patient is not the one bringing the claim and seeking compensation as they are not alive.
So, who can file a mesothelioma wrongful death claim? The answer to this question is dependent on state law. But in general, any individual in charge of or who represents the deceased’s estate is allowed to file a mesothelioma wrongful death claim. It does not have to be a family member or a spouse. Among others, the following are some of the most eligible claimants;
- Surviving spouses
- The executor of the Will
- Registered domestic partners
- Children
- Parents
- Siblings
- Nephews and nieces
- Grandparents
After someone passes away because of mesothelioma, it is best to contact a qualified lawyer to find out who can file a wrongful death claim. In addition to helping determine who can file a mesothelioma wrongful death claim, a skilled attorney can help determine when a claim should be filed.
Why File a Wrongful Death Claim?
Indeed, filing a mesothelioma wrongful death claim cannot bring back a deceased loved one. However, filing a mesothelioma wrongful death claim can help a family find financial security. It can help a family hold an individual or company responsible for their actions that led to their loved one being exposed to asbestos and thus developing mesothelioma. People and companies that knowingly expose innocent people to asbestos do so without caring that such exposure can result in deadly diseases. Also, filing a mesothelioma wrongful death claim can help a family honor their deceased loved one.
Damages Recoverable in a Mesothelioma Wrongful Death Claim
By filing a wrongful death claim, the surviving loved ones of a person who passed away because of mesothelioma can recover compensation for various damages. Some of the damages recoverable in a mesothelioma wrongful death claim include;
- Projected lost income
- Loss of future care, services, or assistance the mesothelioma victim would have provided
- Funeral expenses
- Loss of companionship
- Unpaid medical expenses
- Costs of travel
- Family living expenses
Proving a Mesothelioma Wrongful Death Claim
People seeking to file a mesothelioma wrongful death claim should ensure they work with a qualified attorney who can help them prove their claim and recover the compensation they deserve. Generally, to prove a mesothelioma wrongful death claim and obtain compensation, attorneys explain how;
- The deceased suffered asbestos exposure
- The defendant was negligent
- The death harmed the family
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.