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Filing Lawsuit After the Death of the Plaintiff

Filing an Asbestos/Mesothelioma Lawsuit After the Death of the Plaintiff

Asbestos is a toxic substance that is commonly used in construction materials, automotive parts, and other industrial products. Asbestos exposure has been linked to mesothelioma, a deadly form of cancer that affects the lining of the lungs, abdomen, or heart. Many people who were exposed to asbestos and developed mesothelioma have filed lawsuits against the manufacturers and distributors of asbestos-containing products. But what happens when the plaintiff has died? Can a lawsuit still be filed?

Who Can File a Lawsuit?

In general, a lawsuit can only be filed by the person who has been harmed by the defendant's actions. However, in the case of mesothelioma, the plaintiff may have died before the lawsuit was filed, or while the lawsuit was still pending. In these cases, the plaintiff's family members or other representatives may be able to file a wrongful death lawsuit on the plaintiff's behalf.

Wrongful Death Lawsuits

A wrongful death lawsuit is a civil action that is filed by the family members or other representatives of a person who has died due to the negligent or intentional actions of another party. In the case of mesothelioma, a wrongful death lawsuit may be filed against the manufacturers and distributors of asbestos-containing products that caused the plaintiff's exposure to asbestos and subsequent development of mesothelioma.

To file a wrongful death lawsuit, the plaintiff must be able to prove that the defendant's actions were the direct cause of the plaintiff's death. This may require extensive investigation, expert testimony, and medical evidence. The damages that may be awarded in a wrongful death lawsuit include compensation for the deceased person's medical expenses, funeral expenses, lost income, and pain and suffering.

Survival Actions

In addition to a wrongful death lawsuit, the plaintiff's estate may also be able to file a survival action on behalf of the deceased person. A survival action is a legal action that is brought by the plaintiff's estate to recover damages for the harm that the plaintiff suffered before his or her death. In the case of mesothelioma, a survival action may be brought to recover damages for the plaintiff's medical expenses, lost income, and pain and suffering that occurred before the plaintiff's death. The damages that may be awarded in a survival action are separate from the damages that may be awarded in a wrongful death lawsuit.

Statutes of Limitations

It is important to note that there are statutes of limitations that govern the filing of wrongful death and survival actions. A statute of limitations is a deadline that specifies how long a plaintiff has to file a lawsuit after the harm occurred. The statute of limitations for wrongful death and survival actions varies by state, and may range from one to five years.

Why Choose the Throneberry Law Firm?

If you are considering filing an asbestos/mesothelioma lawsuit on behalf of a deceased loved one, it is important to choose an experienced and knowledgeable attorney who can help you navigate the legal process. The Throneberry Law Firm is a nationwide law firm that specializes in mesothelioma and asbestos claims. Founded by Attorney Michael Throneberry, the firm is dedicated to providing compassionate and effective representation to clients who have been harmed by asbestos exposure.

The Throneberry Law Firm offers a free consultation to anyone who is considering filing an asbestos/mesothelioma lawsuit. Contact the Throneberry Law Firm today to schedule a free consultation and learn more about your legal options.

Client Reviews
You are the reason my mother was able to cope with losing a loved one. You and your staff are always helpful and go above and beyond to help. You have been great to my family and especially my mother. My mother would always come out of your office with a peace of mind. R.S.
We are so appreciative of the results Michael Throneberry got for us! Michael Throneberry and the attorneys we worked with were focused on our peace of mind and seemed to care for my family and me as if we were family. They truly get it. We were thrilled with the result and would recommend this firm to anyone. M.S.
During one of my family's darkest and trying times, Michael Throneberry was there to provide help. His personal experience with mesothelioma made certain that he advised us like family. Thank you, you are wonderful. Do yourself a favor and let him help you during this trying time. He is a true 10 on a scale of 1 to 10. T.S.
Michael Throneberry gave me a whole new outlook on attorneys'! A very caring person who was more concerned with my health than a case. Truly unexpected! He explained possible conditions in english and even found the right doctors in my area. Prepared me for the right questions to ask the doctors so that I can understand my illness better. A great person and a great human being! Thank you. Greg