Asbestos Lawsuit After Death
An experienced asbestos lawyer can make a wrongful-death lawsuit against the manufacturers of asbestos-based products. Lawyers can gather evidence such as bank statements and receipts, medical records and testimonies to prove the deceased's exposure to asbestos.
Asbestos-related diseases have a long time of latency, which means that symptoms might not be recognized for a long time. This is the reason statutes of limitation for personal injury cases apply differently to mesothelioma.
Compensation
Asbestos lawsuits following death usually award family members compensation to cover expenses like funeral expenses and loss of income medical bills, and more. Families can also be awarded compensation for emotional trauma, grief or suffering. Compensation is intended to help a family member or friend recover from the loss of a parent, spouse or child.
A mesothelioma lawyer who is experienced can assist surviving relatives in determining how much an asbestos-related claim should be worth. The lawyer will look over a person's medical records, asbestos exposure timeline, and work history to construct a detailed description of the victim's life. They can reach out to coworkers or anyone else who might have known the victim to determine whether asbestos was ever exposed. They will also search for evidence, like mesothelioma symptoms or a diagnosis that could aid in establishing an evidence-based case.
After the lawyer has completed the work, they are able to start a wrongful death lawsuit on behalf of a deceased loved one. The time limit varies from state to state, and lawyers can explain how it applies to your particular case.
After the wrongful-death suit is filed, the lawyers will negotiate with the manufacturers of asbestos-based products to secure financial aid for the victims. They can also file claims with 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 diseases. The time-limit for other cases begins when the injury is discovered however in asbestos cases, the latency period could last for decades or more before the person experiences symptoms. This makes the process more complex and requires the assistance of an experienced attorney.
Statute of Limitations
If you've been diagnosed with an asbestos-related disease you could be eligible for financial compensation. A successful lawsuit or claim to a trust fund could be used to pay for medical expenses, home health costs loss of wages and quality of life funeral costs and medical bills. A specialized lawyer can help you decide which type of lawsuit best suits your situation.
In the United States asbestos lawsuits are controlled by state statutes and laws. The standard procedure states that the clock starts at the time of diagnosis (for personal injury claims) or the date of death (for claims for wrongful deaths). However, this is a bit complicated by the fact that asbestos-related diseases generally take a long time to manifest. This "latency" period makes it difficult to adhere to the standard statute of limitations.
The law in each state is different in each state, and there are numerous factors that could affect the time limit for a specific claim. The place of exposure, the location of asbestos-related companies or job sites and whether they were a residential or commercial consumer all play a role in the legal process.
An experienced lawyer can determine the deadlines and evidence required to submit an appeal from a trust fund or asbestos lawsuit. The lawyer can also determine if are any exceptions or exemptions which could delay the time limit to file claims.
It is important to speak with an attorney as soon as you can when filing an asbestos claim. The sooner you hire an attorney, the better your chances of obtaining financial compensation and winning your lawsuit.
The wrongful-death attorneys at Kazan Law have helped families of mesothelioma victims obtain substantial settlements in the form of financial payments. Contact Kazan Law for more details if you're interested in pursuing claims involving asbestos. The firm's dedicated attorneys can assist you in submitting an injury claim or wrongful death claim and identifying applicable asbestos trust funds to suit your particular case. For more information on how to move forward with your asbestos claim complete a free assessment of your case.
Preparation
Asbestos victims must be prepared to take legal action against companies who knew they exposed them to dangerous asbestos. Asbestos manufacturers have hid the health risks of asbestos from workers for decades, which is why there are multiple defendants in many lawsuits. The victims and their family members must be ready to conduct an extensive investigation of their past work history and possible locations of exposure to asbestos. The investigation typically involves retracing the steps of their asbestos exposure, which could involve traveling to different states. Mesothelioma attorneys have the expertise and resources to assist their clients.
Mesothelioma lawsuits are generally divided into two categories: personal injury claims and the wrongful death. The family of a victim who has died from an asbestos-related disease like mesothelioma can file a wrongful death claim. These claims seek compensation for funeral expenses, lost earnings and other financial losses. Wrongful death lawsuits also help families hold asbestos manufacturers who are negligent accountable for the deaths of their loved ones.
A wrongful-death suit does not require the person who died to be alive to bring a lawsuit against asbestos-related companies however, a living person will need to provide testimony and evidence in the case. This includes a mesothelioma patient's medical records, employment documents and asbestos test results.
A mesothelioma lawyer can help in preparing a wrongful-death lawsuit after the victim's death by handling all legal issues for their client. This includes filing the lawsuit and negotiations for compensation. This allows the family to concentrate on grieving and their necessities of life.
Asbestos is a mineral that occurs naturally, was used in the 1940s and 1970s as a fire retardant for construction and manufacturing. Workers were exposed when they built factories, homes, and shipyards. The United States military also used asbestos to construct ships and planes at a rapid rate in the fight against World War II.
Asbestos-related illnesses, such as lung cancer, asbestosis, and mesothelioma can be life-threatening. These illnesses have long latency periods, which means that it could be years before symptoms show up and an accurate diagnosis is established. Asbestos-related illnesses are often only diagnosed after a person's death. This makes them distinct from other types of wrongful death claims.
Filing
The filing process for a mesothelioma claim starts with the victim's family choosing an asbestos law firm that will provide a free review of the case. Mesothelioma lawyers can assess a potential case's value during this free consultation, commonly known as a "case evaluation." During the case review, an attorney will ask questions and gather information about the patient's medical history as well as exposure at work to asbestos.
Once the lawyer has a clear idea of the potential value of the case, they can begin to prepare the complaint and gathering evidence. They will require medical records to look over, asbestos-related documents from companies and employment documents, as well as interviewing witnesses and conducting other research. In certain instances they might even subpoena old company documents to prove negligent behaviors by the companies that exposed their clients to asbestos.
The attorney will send each defendant a letter of demand when the complaint is ready. Tulsa asbestos lawsuit will then have an exact time to respond. Typically they will defend themselves and claim that someone else was responsible for the exposure. In this instance your lawyer will respond to the claim of the defendant and counter the claim on your behalf.
A wrongful death suit could result in an asbestos settlement or verdict that awards compensation. Family members can file claims with asbestos trust funds created by bankruptcy asbestos companies to pay asbestos claim awards.
An asbestos wrongful death claim can be filed on behalf of a loved one who died, such as a parent, spouse or child. While this is a stressful time for family members, they can take peace knowing that they will receive compensation to cover funeral expenses, loss of income and past pain and suffering.
The estate representative (or "estate") of the person who died of asbestosis or mesothelioma files the asbestos claim for wrongful death. The person who represents the estate is the legal representative of the estate of the deceased person and could be any close family member. Mesothelioma lawyers can assist families locate the right person to represent their estate.