Mesothelioma is a rare form of cancer that develops in the thin layer of tissue that covers most of the internal organs, known as the mesothelium. It is mainly caused by asbestos exposure, and the symptoms may take decades to develop after exposure. Unfortunately, mesothelioma is often diagnosed in its advanced stages, and the prognosis is poor.
When an individual is diagnosed with mesothelioma, they may consider filing a lawsuit to seek compensation for medical expenses, lost wages, and pain and suffering. But what happens when the individual passes away before the lawsuit is filed or resolved? Can a mesothelioma lawsuit be filed for a deceased person? In this article, we will answer this question in detail.
Introduction
Asbestos is a highly dangerous mineral that was widely used in construction, shipbuilding, and manufacturing industries for decades. When asbestos fibers are inhaled or ingested, they can become lodged in the lungs or other organs, leading to the development of mesothelioma, lung cancer, and other respiratory diseases. Unfortunately, many companies that used asbestos knew about its dangers but failed to warn or protect their employees, putting them at risk of developing these diseases.
Mesothelioma is a devastating disease that can have a significant impact on an individual’s life and their family members. As the disease progresses, individuals may experience difficulty breathing, chest pain, fatigue, and other symptoms that can interfere with their daily activities. Moreover, mesothelioma treatment can be expensive and may not always be effective.
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation for your damages. However, if the individual passes away before the lawsuit is resolved, the legal process may become more complex. In the following paragraphs, we will explain whether a mesothelioma lawsuit can be filed for a deceased person and what steps are involved in the process.
Can a Mesothelioma Lawsuit be Filed for a Deceased Person?
Yes, a mesothelioma lawsuit can be filed for a deceased person, but the process may differ depending on the circumstances of the case. When an individual passes away due to mesothelioma, their surviving family members may be able to file a wrongful death lawsuit against the company or companies responsible for their loved one’s asbestos exposure.
Wrongful death lawsuits are civil lawsuits that seek compensation for the damages caused by the defendant’s negligence or wrongdoing. In mesothelioma cases, the defendant may be a company that manufactured or distributed asbestos-containing products, an employer that failed to provide adequate protection for their employees, or any other party that contributed to the asbestos exposure that caused the individual’s death.
Under wrongful death laws, the surviving family members may be able to recover damages such as medical expenses, funeral and burial costs, lost wages and benefits, and loss of companionship and support. The damages may vary depending on the state’s laws and the specific facts of the case.
To file a wrongful death lawsuit on behalf of a deceased person with mesothelioma, the surviving family members must meet certain requirements. These may include:
Statute of Limitations
Every state has a statute of limitations that sets a deadline for filing a lawsuit. In mesothelioma cases, the statute of limitations may vary depending on the state and the circumstances of the case. Generally, the statute of limitations starts from the date of the individual’s diagnosis or from the date of their death.
Estate Representative
The surviving family members must appoint an estate representative, who will act as the plaintiff in the lawsuit. The estate representative may be a family member or a professional, such as an attorney or a trustee.
Burden of Proof
The burden of proof in a mesothelioma lawsuit is on the plaintiff, who must prove that the defendant’s negligence or wrongdoing caused the individual’s mesothelioma and subsequent death. This may require gathering medical records, work history, and other evidence to support the claim.
Damages
The surviving family members must show that they have suffered damages as a result of the individual’s death. This may include financial losses, emotional distress, and other damages that may vary depending on the state’s laws.
Overall, filing a mesothelioma lawsuit for a deceased person can be a complex and emotional process. It may require the assistance of an experienced mesothelioma attorney, who can guide the family members through the legal steps and fight for their rights to compensation.
Information Table
| Topic | Description |
|---|---|
| Mesothelioma | A rare cancer caused by asbestos exposure |
| Wrongful Death Lawsuit | A civil lawsuit filed by surviving family members seeking compensation for damages caused by the defendant’s negligence or wrongdoing |
| Statute of Limitations | A deadline for filing a lawsuit |
| Estate Representative | A person appointed by the surviving family members to act as the plaintiff in the lawsuit |
| Burden of Proof | The responsibility of the plaintiff to prove that the defendant’s negligence or wrongdoing caused the individual’s mesothelioma and subsequent death |
| Damages | The financial and emotional losses suffered by the surviving family members as a result of the individual’s death |
Frequently Asked Questions
1. Who can file a mesothelioma lawsuit for a deceased person?
Surviving family members or the estate representative can file a mesothelioma lawsuit on behalf of a deceased person.
2. What damages can be recovered in a wrongful death lawsuit for mesothelioma?
The damages may include medical expenses, funeral and burial costs, lost wages and benefits, and loss of companionship and support.
3. What is the statute of limitations for filing a mesothelioma lawsuit for a deceased person?
The statute of limitations may vary depending on the state and the circumstances of the case.
4. Is it necessary to hire a mesothelioma attorney to file a wrongful death lawsuit?
It is recommended to hire an experienced mesothelioma attorney, who can guide the family members through the legal process and fight for their rights to compensation.
5. How long does it take to resolve a mesothelioma wrongful death lawsuit?
The time may vary depending on the complexity of the case and the defendant’s willingness to settle or go to trial.
6. Can a mesothelioma lawsuit be filed after the individual’s death?
Yes, but it may require the surviving family members to act quickly and appoint an estate representative to file the lawsuit.
7. Can compensation be recovered for asbestos exposure that occurred many years ago?
Yes, as long as the statute of limitations has not expired and the evidence supports the claim.
8. Can more than one company be held liable for asbestos exposure in a mesothelioma lawsuit?
Yes, multiple companies may be held liable as long as they contributed to the individual’s asbestos exposure and subsequent mesothelioma and death.
9. What is the difference between a mesothelioma lawsuit and a wrongful death lawsuit?
A mesothelioma lawsuit seeks compensation for damages suffered by the individual, while a wrongful death lawsuit seeks compensation for damages suffered by the surviving family members.
10. Can family members of a deceased person with mesothelioma file a lawsuit even if the individual did not seek legal action during their lifetime?
Yes, the family members may still have a legal right to pursue compensation on behalf of their loved one.
11. What evidence is needed to file a mesothelioma wrongful death lawsuit?
The evidence may include medical records, work history, company documents, and witness testimony.
12. What is the average compensation amount for a mesothelioma wrongful death lawsuit?
The compensation amount may vary depending on the state’s laws, the defendant’s liability, and the specific facts of the case.
13. Can a mesothelioma lawsuit be filed against the government?
Yes, a mesothelioma lawsuit can be filed against the government if the individual was exposed to asbestos while working for the government or while living in government housing.
Conclusion
Mesothelioma is a devastating disease that can have a significant impact on an individual’s life and their family members. When an individual passes away due to mesothelioma, their surviving family members may be able to file a wrongful death lawsuit to seek compensation for their damages. Filing a mesothelioma lawsuit for a deceased person can be a complex and emotional process, but with the help of an experienced mesothelioma attorney, the family members can fight for their rights to compensation and hold the responsible parties accountable.
If you have been affected by mesothelioma or lost a loved one due to the disease, it is important to seek legal advice as soon as possible. Contact a mesothelioma attorney to learn more about your legal options and how they can help you get the compensation you deserve.
Disclaimer
The information in this article is for educational purposes only and does not constitute legal advice. It is important to consult with an experienced mesothelioma attorney to determine your legal rights and options. The results of any legal case may vary depending on the specific facts and circumstances of the case.
