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Filing an Asbestos Lawsuit After Death If a person suffering from an asbestos-related disease dies before a settlement or verdict is reached the family members of that person could file a lawsuit to claim wrongful death. A lawyer that specializes in asbestos litigation can conduct an initial investigation to determine where and the time the family member was exposed. Statute of Limitations For most types of personal injury lawsuits, the lawsuit must be filed within the time limit for filing a lawsuit. However, for asbestos-related injuries and other asbestos-related diseases the statute of limitations might start earlier or be different than with typical injuries. This is due to the long latency periods associated with these illnesses which means that the victims are not diagnosed until years after their first exposure to asbestos. The discovery rule permits victims to pursue compensation through filing a claim with responsible companies, even if the statute of limitations has expired on their injury. Asbestos is a complicated legal area that varies from state to state. Additionally there are a myriad of factors that influence how the statute of limitations applies to a specific situation. The state in which an individual was first exposed to asbestos is one of the most important factors. Another is the place of the asbestos company or employer, and the kind of exposure the victim was exposed to. If you are considering pursuing legal action, the initial step is to contact a reputable asbestos lawyer. An experienced attorney will review the specifics of a client's case, do research, and obtain the necessary documentation to file the lawsuit. They will also decide what kind of legal action is appropriate. It could be a personal injury claim or a trust-fund claim or an action for the wrongful death of the loved ones of the deceased. A mesothelioma or asbestos-related claim can be filed by a victim, family members, or even their estate. The person who submits the claim must have specific documentation to prove their case. This includes evidence of asbestos exposure and medical records, as well as an official death certificate. The law firm managing the case will collaborate with a medical team as well as an investigative team to make sure all evidence is available before submitting a mesothelioma or asbestos lawsuit for damages. The wrongful death lawsuit can be filed by a victim's spouse or children who are surviving. The heirs must provide the same documentation as they would in the case of a personal injury lawsuit. Asbestos-related wrongful death claims are handled differently than traditional personal injury lawsuits, however the heirs must be aware of the statute of limitations in their state to avoid from missing the deadline to file an action. Exposure to Asbestos The asbestos industry covered up knowledge of the risks associated with its products. Many people who worked in the building trades were exposed to dangerous asbestos materials and were diagnosed with mesothelioma or other asbestos-related illnesses later in the course of their lives. Asbestos is typically exposed through inhalation of asbestos fibers. Once airborne, these tiny fibers can become embedded inside the lungs of people, causing severe health problems. Mesothelioma is the most fatal form of this disease, is extremely frequent. The victims of mesothelioma and other asbestos-related illnesses often develop symptoms that do not appear for years. When New Rochelle asbestos attorneys do appear, it is important to seek medical attention as soon as possible. This will help to prevent the disease from getting worse and also provide the necessary documentation for an insurance claim. Asbestos lawyers will also look over the past work history of the victim to determine when asbestos was exposed and in what way. They will also examine the victim's family history to see if any other members of their family were exposed to asbestos as well. They will also determine whether the victim lived in more than one state, since asbestos-related companies could have been located in different areas. Once they have the correct information, asbestos lawyers will begin to prepare for filing the lawsuit. They will provide evidence to show that the victim was indeed exposed to asbestos and that their illness was the result of the exposure. This includes autopsy records, medical records and statements from the victim's doctors. A mesothelioma suit is a civil lawsuit brought by a loved one's estate against asbestos-related companies responsible for the victim's exposure. The claim seeks compensation for the loss of income and benefits as well as damages for their pain and suffering. Compensation may be awarded in the form of a settlement or a trial verdict. In wrongful death cases, the claim is brought by the victim's relatives. This may include their spouse and children as well as other dependents. In some cases family members can also pursue a wrongful death claim against mesothelioma asbestos companies on behalf of the child who died. This type of situation is known as an “asbestos wrongful death.” A wrongful death suit is the only way for families to obtain compensation for the losses they suffered. Damages A lawsuit against asbestos could provide financial support to grieving families. While compensation isn't able to compensate for the loss a loved one has suffered, it may help those who are grieving. Compensation is awarded to pay funeral costs as well as medical bills that remain unpaid and other financial obligations. It also provides compensation to family members for the emotional suffering and loss of companionship resulting from the victim's death. A mesothelioma lawsuit can make asbestos manufacturers accountable for their negligence. Many of the companies responsible for exposing their victims to this dangerous substance were aware that asbestos can cause serious illness, but nevertheless continued to use it in their workplaces. The wrongful death lawsuits brought by the families of victims killed make asbestos companies accountable and send a signal that they will be held responsible for the countless deaths every year due to mesothelioma, lung cancer, and other asbestos-related illnesses. To file a wrongful death lawsuit, family members need to prove that the person they love was exposed to asbestos and that this exposure caused their mesothelioma or another asbestos-related disease. Evidence can include medical records and job histories as well as asbestos-related statements from former coworkers veterans, former coworkers, or other pertinent documents. Plaintiffs may file a lawsuit individually or join a class action lawsuit. If the evidence presented is sufficient, the asbestos lawsuit will proceed to the discovery phase, in which lawyers from both sides conduct depositions as well as other investigations of their claims. Lawyers may also agree to a settlement or decide to go to trial. The typical mesothelioma settlement for wrongful deaths is $1 million or more. Almost all mesothelioma cases could have been avoided if asbestos manufacturers had stopped using it immediately after they realized the danger. Unfortunately, asbestos firms put their profits ahead of the safety and health of their employees. This is why it's so important to seek legal help from a seasoned mesothelioma attorney. With the right advice an wrongful death suit can be filed within the timeframe of limitations, and the victim's family will be able to receive the justice they deserve. Making a Claim to Redress Wrongful Death A family member or representative of an estate can bring a lawsuit for the wrongful death of one or more companies when an asbestos-related illness results in death. The compensation obtained from the lawsuit could help cover funeral expenses, loss of financial support and other losses associated with a loved one's death. A mesothelioma lawsuit could hold companies accountable for exposing workers to asbestos, but not informing them about the dangers. It can also be held accountable for their manufacturing of products that cause asbestos-related diseases. In many cases, families believe that the deceased's health and quality of life would have greatly improved if they had not been exposed to the dangerous substances. To start a mesothelioma wrondoing death suit, the family members must be appointed primary beneficiary or personal representative, or executor of the victim's estate. A knowledgeable attorney can guide you through the procedure for filing a wrongful death suit and make sure that it is filed properly and in time to avoid missing the statute of limitations. In a wrongful-death suit, it is important to establish that the person you loved suffered from mesothelioma as the result of exposure to asbestos. To prove this, a lawyer can look over the medical records of the victim and other relevant documents, such as work history as well as job descriptions, testimony from former colleagues or military service members and much more. The amount of mesothelioma, or any other asbestos-related death lawsuit payout may differ based on a variety of factors, such as the type of mesothelioma, how long ago a patient was diagnosed with the condition and much more. On average the wrongful death settlements for mesothelioma are at least $1 million. A reputable mesothelioma law firm can gather evidence and research the source of the asbestos exposure of your loved one, as well as identify liable parties. By using this information, lawyers can create a compelling case for a fair compensation amount. In certain cases, a trial may be required before a judge can decide how much compensation to give the family of the victim.