Asbestos Lawsuit After Death
An experienced asbestos lawyer can file a wrongful death lawsuit against the makers of asbestos-based products. Lawyers can gather evidence, including bank records and receipts, medical records, and testimony to establish that the deceased was exposed to asbestos.
Asbestos-related diseases can have a lengthy time of latency, which means that symptoms may not be identified for a long time. This is why statutes of limitation for personal injury cases are applied differently to mesothelioma.
Compensation
Asbestos lawsuits following death usually provide family members with compensation to cover expenses like funeral expenses, loss of income, medical bills, and so on. Families can also be awarded compensation for emotional trauma, grief or pain and suffering. Compensation is intended to assist loved ones of the victims recover from wrongful deaths.
A mesothelioma lawyer with experience can help surviving family members determine the value of a claim involving asbestos. The lawyer will review the medical records of the victim and an asbestos exposure timeline to build an accurate picture. They can reach out to coworkers or anyone else who may have been acquainted with the victim to find out whether asbestos was exposed. They will also look for evidence, like mesothelioma symptoms, or a diagnosis, which can help in the development of the case.
After the lawyer has completed this work, he or she can file a wrongful-death lawsuit on behalf of a deceased loved. The statute of limitations for wrongful deaths is different for each state. Your lawyer will explain to you how it applies to your particular situation.
After filing the lawsuit for wrongful death, the attorneys will negotiate to receive financial assistance for the victims from the producers of asbestos-containing products. They can also file claims using trust funds, which were created by bankrupt asbestos companies to pay compensation to victims and their families.
Asbestos litigation differs from other personal injury claims because of the long time periods of latency associated with asbestos-related disease. The time-limit for other cases begins when the injury is discovered however in asbestos cases, the period of latency can be decades or more before the person experiences symptoms. This is why the process can be complicated and requires an experienced attorney.
Statute of Limitations
If you've been diagnosed with an asbestos-related disease You may be qualified for financial compensation. A successful lawsuit or claim to a trust fund can help pay medical expenses, home health costs loss of wages and quality of life funeral costs and medical bills. A specialized lawyer can help you determine which kind of lawsuit is best for your needs.
In the United States, asbestos lawsuits are subject to state laws and statutes of limitations. Standard protocol dictates the clock begins on the date on which the claimant is diagnosed (for personal injury claims) or the day the claimant dies (for wrongful-death claims). This is complicated by asbestos-related ailments that can take years to be diagnosed. This "latency period" makes it difficult to adhere to the standard time limit that is outlined in many statutes of limitations.
The laws in each state differ and there are a variety of factors that can impact the statute of limitations for a specific claim. The location of asbestos-related businesses and work sites and whether the victim was a commercial or residential consumer can affect the legal process.
A knowledgeable lawyer can assist you in determining which deadlines apply and what evidence is required to file an asbestos lawsuit or trust fund claim. The lawyer can also evaluate the possibility of exceptions or exemptions to the statute of limitations that may extend the claim's time frame.
It is important to speak with an attorney as soon as you can when you file an asbestos claim. The earlier an attorney is involved, the better chance your lawsuit has of succeeding and obtaining financial compensation.
Kazan Law's wrongful death lawyers have helped families of mesothelioma victims get substantial financial settlements. If you are interested in filing an asbestos claim, call Kazan Law today for more information. The firm's lawyers can assist you make a claim for personal injury or wrongful death claim and help you identify asbestos trust funds that are appropriate for your particular case. Request a free consultation to learn more about your asbestos claim and the best way to proceed.
Preparation
Asbestos victims should be prepared to take legal action against companies that knowingly exposed them to the dangers of asbestos. Asbestos producers have concealed asbestos's health hazards from workers for many decades and that is the reason there are multiple defendants in many lawsuits. The victims and their families should be prepared to conduct a thorough investigation into their previous employment history and possible places of asbestos exposure. The investigation usually involves going back through the steps taken by asbestos exposure, which may involve traveling to different states. Mesothelioma attorneys have the experience and resources to assist their clients.
Mesothelioma litigation consists of two main kinds of claims: personal injury and wrongful death. The family members of a victim who has died from an asbestos-related illness, such as mesothelioma, can file a wrongful death claim. These claims seek compensation to pay for funeral expenses, lost income and other financial losses. Wrongful death suits also help families hold negligent asbestos companies accountable for the deaths of their loved ones due to asbestos-related ailments.
A wrongful death suit does not require the victim to be alive to pursue an asbestos-related lawsuit, but a living person must provide testimony and evidence in the case. This includes mesothelioma patients' medical records, employment documents and asbestos test results.
An experienced mesothelioma law firm can assist in the preparation of a wrongful death lawsuit after the death of a victim by handling all legal tasks for their client, which includes filing the lawsuit and negotiating the compensation amount. Family members can focus on grieving their loss while taking care of other daily needs.
Asbestos is a naturally occurring mineral that was used as a fire retardant in construction and manufacturing from the 1940s until the 1970s. Workers were exposed to asbestos when they constructed factories, houses and shipyards. Asbestos was also utilized by the United States military, as the country needed to build planes and ships at a rapid pace in order to combat World War II.
Asbestos-related victims are at risk of suffering from severe, life-threatening health problems, including mesothelioma, lung cancer and asbestosis. These diseases are known to have long latency times which means it could take a long time before symptoms appear and the diagnosis is established. Asbestos-related ailments are usually diagnosed after a person's death. This makes them distinct from other types wrongful death claims.
Filing
The process of filing a mesothelioma lawsuit starts when the victim's family chooses an asbestos law firm to provide a free review of their case. This free consultation is where mesothelioma attorneys can determine the value of a case.
Once the lawyer has a sense of the value of a case the lawyer can begin to prepare the complaint and begin collecting evidence. They'll need to look over medical records, get asbestos-related documents from companies, as well as employment documents and interview witnesses as well as conduct other research. In certain instances, they could subpoena documents from previous companies to prove negligence by the companies who exposed their client to asbestos.
When the complaint is filed the attorney will send a demand letter to each defendant named in the lawsuit. The defendants will then be given a specific amount of time to respond. Honolulu asbestos lawsuits deny the allegations and claim that someone else is responsible for the exposure. In this case your lawyer will respond to the statements of the defendant and counter the allegations on your behalf.
A wrongful death lawsuit can result in an asbestos settlement or verdict granting compensation. Additionally, family members can file claims through asbestos trust funds, which were set up by asbestos companies that went bankrupt to pay out asbestos claim settlements.
An asbestos wrongful death claim can be filed on behalf of a deceased loved one like a parent, spouse or child. While this is a difficult time for families they can feel secure in knowing that they will receive compensation that will help them with funeral expenses as well as lost income and past pain and discomfort.
The estate representative (or "estate") of the person who died from mesothelioma or asbestosis files the asbestos lawsuit for wrongful death. This person could be a close family member or the legal representative of the estate. Mesothelioma lawyers can assist a family find the right person to be their estate's representative.