Filing a Wrongful Death Lawsuit After Death
Families of loved ones who suffer from mesothelioma are able to make a claim. These lawsuits are typically resolved.
If a victim dies during the litigation, a representative may continue the case on their behalf. Mesothelioma compensation may cover funeral expenses, lost wages and noneconomic damages, such as emotional distress.
What is a wrongful death lawsuit?
The family members of an asbestos victim can make a claim for the wrongful death. This legal action seeks compensation for the loss of income funeral costs, and the loss of companionship. A mesothelioma lawyer can help families file this kind 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 a lawsuit against companies who caused their illness. Mesothelioma patients need to consult with their lawyers while still alive to pinpoint the exact way in which they were exposed asbestos and which companies caused the disease. Following the death of a mesothelioma sufferer, the survivors must collaborate with their lawyers to submit an action for wrongful death.
In many states the spouse and children of a mesothelioma patient can bring a wrongful-death claim. However the eligibility of other family members varies from state to state. These include grandparents, siblings and putative spouses. Additionally, certain states allow stepchildren who are not dependent on an adult to sue in wrongful-death cases.
Wrongful death suits are based on the fact a victim wouldn't have died but due to their long-term exposure to asbestos and the negligence or wrongdoing of an organization. Asbestos lawsuits typically result in a settlement or verdict which is awarded to the families of mesothelioma victims.
The amount of compensation varies from case to case. However, some cases have resulted in huge awards of up to $15 million for victims and their families. Generally speaking, this kind of award is made up of an actual cash payment and a punitive damages payout. The punitive damages are added to the monetary settlement to penalize the asbestos-exposed business.
Settlements for mesothelioma can be paid in lump-sums or as installments. Typically, a portion of the money is given to your attorney to cover their fees and to pay for any out-of-pocket expenses incurred by the family. The remainder of the award is divided between the victim's heirs.
Who can bring a lawsuit for wrongful death?
The loss of a loved ones can cause a huge loss to the family members left behind. This is particularly relevant when the death could have been avoided. In many cases the family members of the victim can bring a wrongful-death claim to recover damages for their loss. The law provides certain requirements and protections, including a deadline to file. A qualified New York wrongful death attorney can explain these laws and help the family determine if a claim is appropriate.
The laws of each state regarding wrongful death vary slightly, and they also typically have specific rules regarding who can file a lawsuit. Some states, like permit only the personal representative of the deceased to file a lawsuit. The representative could have been chosen during the lifetime of the deceased or appointed by a court. In other states, spouses or parents of children who have not been married, or other close relatives can be allowed to file a lawsuit.
Family members who have a disagreement over who should bring the lawsuit will usually be able to work out their differences through mediation or other methods. If more than one person can sue, courts will usually consolidate all claims and only allow one lawsuit to be filed.
Private parties and government departments or agencies are able to file wrongful death claims. In certain cases lawsuits based on wrongful death can be filed against law enforcement officers or police officers for the murder of innocent people or other criminal acts. Medical and hospital staff could also be sued for wrongful death if they commit medical malpractice that causes the death of a patient.
In certain cases, there is no surviving spouse or a close relative who is able to file a wrongful death lawsuit, but in these circumstances, distant relatives may be able to file a lawsuit. In addition to showing that the defendant or party responsible for your loved one's death caused the death of your loved one in the first place, your New York wrongful death lawyer must prove that you and your other family members suffered damages. This could include damages like lost income, funeral expenses as well as pain and suffering.
How do I determine whether I'm a victim of a wrongful death lawsuit?
If someone you love passed in undiagnosed mesothelioma, or did not survive the asbestos exposure that caused the illness, you may be able to file a mesothelioma wrongful death lawsuit. The legal process could seem overwhelming however a mesothelioma attorney can help you throughout the process.
A mesothelioma lawyer will research all possible sources of liability, as well as the companies responsible for the asbestos exposure of your loved ones, such as obtaining records such as medical records and employment histories and home exposure records etc. They will work with you to create a compelling case, including compensatory damage like funeral costs, loss of companionship, suffering and pain, among others.
Plaintiffs of wrongful death are usually immediate family members such as spouses and children, however the law differs from state to state. Stepchildren, who are not dependent, or heirs to the estate can sometimes also bring a claim for wrongful death. A mesothelioma lawyer will go over the laws in your state and give you suggestions on who should file the claim.
After the lawsuit is filed, the victim's estate representative assumes the function they would have when they were alive and making the legal decisions. Estate representatives can be a spouse or child or parent, or any other close relative. In general the decedent nominates a representative of their estate prior to their death. If they do not then, the court will choose an individual. The estate representative makes sure the lawsuit is managed correctly and comes to a conclusion. They speak for the victim and the estate and distribute any settlement awards to beneficiaries.
The mesothelioma lawyer as well as the defendants will negotiate a settlement once the legal process is completed. Settlements are usually reached in the case of survivor and wrongful death claims, as opposed to a trial verdict which can take months or even years. Settlements are faster and simpler than trials, which can be extremely complex, and require a great deal of energy, time and financial resources from victims and their families. The amount of settlement is contingent on a variety of variables including the strength of evidence and the extent to which the victim was harmed.
How much money can I receive in a lawsuit for wrongful death?
The amount of money that is recovered in a wrongful death lawsuit is contingent upon a variety of factors. This includes the strength of evidence that is gathered during the litigation process and state laws that could set legal limits for wrongful death settlements. A mesothelioma lawyer with experience can explain how these factors influence the settlement.
Family members may also receive compensation for non-economic damages such as mental suffering and pain. Documentation that supports your claim is crucial. For example, journal entries from before the mesothelioma lawsuit or photographs of your loved one's last days can be used to establish the extent of the loss.
If a mesothelioma patient passes away during the legal process, their claim is incorporated into their estate. The person who manages the mesothelioma settlements amounts estate is referred to as an estate representative. This is typically an adult or spouse however, it could also be someone else identified in the mesothelioma patient's will or a court-appointed representative.
This person essentially takes over the role that the plaintiff would have played in the lawsuit, and also speaks on behalf of the estate. The estate representative also decides if they want to continue pursuing the case and decides how to proceed.
In addition to proving the financial loss that mesothelioma victims who died suffered, a strong mesothelioma wrongful-death case must be able to address the emotional pain suffered by victims and their families. Losing a loved one, for example, can create depression and anxiety among the surviving family members. A successful wrongful death lawsuit can help reimburse surviving loved ones for these losses.
Mesothelioma victims and their families may be eligible for compensation from various sources, including a wrongful death lawsuit, veteran's compensation and asbestos trust funds. However, claiming compensation from multiple sources can be a challenge. To make the process simpler, a mesothelioma law firm can handle all aspects of a victim's claim, from the initial consultation to trial.
A wrongful-death suit is a powerful method to hold asbestos-related companies accountable for the financial burden placed on families who have lost loved ones due mesothelioma. Our national law firm's mesothelioma attorneys can help make sure that the survivors receive fair and full compensation for their losses.