Filing a Wrongful Death Lawsuit After Death
If a loved one dies from mesothelioma or other cancers, their family members can file a lawsuit against asbestos companies. The claims are usually settled.
If a victim dies during the litigation an attorney may pursue the case on their behalf. Mesothelioma compensation can be used to cover funeral expenses as well as lost wages and other non-economic damages such as emotional distress.
What is a wrongful death lawsuit?
The family members of an asbestos victim can bring a lawsuit against the asbestos company for wrongful death. This legal action seeks compensation for lost income funeral costs, and the loss of companionship. A mesothelioma lawyer can assist families file this type of claim against companies responsible for the asbestos exposure that caused the cancer of a loved one.
A wrongful death suit is distinct from a personal injury lawsuit that involves the victim filing an action against the companies that caused their condition. Mesothelioma patients need to consult with their lawyers while still alive to determine the exact way they were exposed to asbestos and which companies triggered the disease. The survivors of mesothelioma patients must then work with their attorney to file a wrongful death claim following the death of the patient.
In many states, the spouse and children of the deceased can file a lawsuit for wrongful deaths. However, the eligibility of additional family members varies from state to state. This includes grandparents, siblings and putative spouses. Additionally, certain states allow adult stepchildren not dependent to sue in wrongful death cases.
Wrongful death suits are based on the assumption that the victim would not have died but due to their long-term exposure to asbestos and the negligence or wrongdoing of the company. Asbestos lawsuits typically result in a settlement or a verdict which is paid to the families of mesothelioma patients.
Compensation amounts vary depending on the case. However, some cases have led to large amounts of up to $15 million for the victims and their families. This type of award usually is comprised of a cash settlement and punitive damages. The punitive damages are added to the monetary settlement to punish the asbestos-contaminated business.
Mesothelioma settlements are paid out in a lump sum or in installments. Most of the money is given to your attorney to cover their fees and also to pay any out-of-pocket expenses incurred the family. The rest of the money is distributed among the victim's family members.
Who can file a suit for wrongful death?
The loss of a loved one can be devastating for the family members left behind. This is especially so when the death could have been prevented. In many instances, the victim's family can file an action for wrongful deaths to seek compensation. The law provides certain rules and protections, such as a deadline for filing. A New York wrongful-death attorney can explain the law and assist families determine whether they have a valid claim.
Each state's wrongful death laws differ slightly, and they also generally have specific rules for who is allowed to bring a lawsuit. For instance, certain states require that only the deceased's personal representative is able to sue. The person who is able to sue could have been appointed by the court or selected by the deceased during his life. In other states spouses, parents of unmarried children or other relatives can be allowed to sue.
Mediation or other strategies are often a great way to help family members who aren't sure who is the right person to file a lawsuit. In the event that more than one person is permitted to file a lawsuit, the courts typically combine the claims and permit only one lawsuit to proceed.
Private parties, as well as agencies or government departments, can file wrongful death claims. In certain cases, wrongful death suits could be filed against law enforcement officers or police for the killing of innocent victims or other crimes. The wrongful death lawsuit can also be filed against hospital and medical personnel when they have committed medical malpractice that results in a patient's death.
In certain instances there is no survivor spouse or other close relative who can file a wrongful death lawsuit, however in these situations, distant relatives may be able to file a lawsuit. In addition to showing that the person who is responsible for the defendant or for the death of your loved one caused their death, your New York wrongful death lawyer will need to prove that you and other family members were harmed. This can include damages such as funeral expenses, lost income, and pain & suffering.
How do I determine whether I'm legally entitled to a wrongful-death lawsuit?
You may be eligible to sue for an unjustified death if your loved one passed away due to mesothelioma or asbestosis that was not diagnosed. A mesothelioma lawyer can guide you through the legal procedure, which can be overwhelming.
A mesothelioma lawyer will investigate all possible sources of liability as well as the companies responsible for the asbestos exposure of your loved one, including obtaining medical records, employment history as well as home exposure records and much more. They will collaborate with you to develop a compelling case, including damages that are compensatory, like funeral expenses as well as loss of companionship suffering and pain and suffering, and more.
Plaintiffs of wrongful death are usually immediate family members like spouses and children. However, the law differs from state to state. Heirs or adult non-dependent stepson can sometimes also bring an action for wrongful death. However, a mesothelioma attorney will explain the laws in your specific jurisdiction and advise you on who should submit the claim.
The estate representative of a victim assumes the responsibilities they would have taken in the event of their death and making legal decisions. An estate representative can be a spouse, a child or parent, or any other close family member. Generally, the deceased chooses an individual to serve as their estate representative prior to when they die. If there is no nominee the court will decide the same. The estate representative ensures that the lawsuit is handled properly and comes to a conclusion. They speak on behalf of the estate and the victim, and pass on any settlement award to beneficiaries.
Once the legal process is completed, your mesothelioma lawyer and the defendants will work out an agreement. Many wrongful death and survivorship claims result in settlements rather than trial verdicts, which can take anywhere from one to three years. Settlements are faster and less time-consuming than trials. Trials can be a bit complicated and take a lot of time and energy, as well as resources from the victims and their families. The amount of a settlement will depend on a myriad of factors, including the strength of your evidence and the extent of the victim's pain.
How much money can I receive in a lawsuit for wrongful death?
The amount of money recouped in a wrongful death lawsuit depends on several factors. The strength of the evidence gathered during litigation, as well as state laws that could create legal limits on settlements for wrongful deaths are all important factors to take into consideration. An experienced mesothelioma attorney can explain how these elements affect a potential settlement.
Families could also be entitled to compensation for non-economic damages such as mental suffering and pain. It is essential to give your lawyer evidence that supports these claims. For instance, journal entries from before the mesothelioma cancer claim or photos of your loved one's last days can be used to prove these losses.
If a mesothelioma sufferer dies during the legal process, their claim is included in their estate. Estate representatives are the people who oversees the estate. It is usually a spouse or child. However, it could also be another person named in a mesothelioma patient's will or appointed representative.
The person in charge assumes the role of the plaintiff in the lawsuit, and speaks for the estate. The estate representative decides if the case needs to be pursued and what the best way to go.
A strong mesothelioma claim must be able to address the emotional trauma that the victim and their family suffered. For example, the loss of a family member can cause extreme anxiety and depression for the survivors of loved relatives. A successful wrongful death lawsuit can aid in compensating the family settlements for mesothelioma members of the deceased for these losses.
Mesothelioma victims and their families may be eligible for compensation from a variety of sources, including a wrongful death lawsuit, veteran's compensation, and asbestos trust funds. It can be challenging to file for compensation from various sources. A mesothelioma-specialized law firm can simplify the process by taking care of every aspect of a victim's case, from the initial consultation through trial.
A wrongful death lawsuit is a powerful method to hold asbestos-related companies accountable for the financial burden they impose on families who have lost loved ones to mesothelioma. The mesothelioma attorneys at our national law firm can help ensure that surviving loved ones receive the full and fair compensation they deserve for their losses.