Can You File a Mesothelioma Lawsuit After Death in North Carolina? 2024

If you have recently lost a family member due to mesothelioma, you may wonder, can you file a mesothelioma lawsuit after death in North Carolina? The answer is yes; if another party is responsible for the asbestos exposure that caused your loved one to develop mesothelioma, you likely have grounds to file a wrongful death suit. It’s important to understand what this type of personal injury case entails and the value of having legal counsel you trust on your side.

Filing a Mesothelioma Wrongful Death Lawsuit

A wrongful death lawsuit is a form of personal injury claim filed by the surviving family of the deceased victim. If the victim would have had grounds to file a personal injury claim if they had survived, their family would likely be eligible to file a wrongful death suit. While a standard personal injury case seeks compensation for the victim’s damages, a wrongful death claim focuses on obtaining compensation for the family of the victim.

If your loved one died because of mesothelioma, the only known cause of this disease is asbestos exposure. To build the foundation of your wrongful death case, you must determine when and where your loved one was exposed to asbestos so you know how to direct your legal efforts. This may require extensive and careful research into decades of records, and the party responsible could be a specific company, a property owner, or the victim’s former employer.

Success with any wrongful death lawsuit requires identifying the party who directly caused the death, proving how they caused the death, and establishing causation. This means that the evidence must show the death would not have occurred but for the defendant’s negligence or misconduct.

Mesothelioma Injury Trusts

It is possible that you may have grounds for a claim through a mesothelioma injury trust. If the party responsible for your loved one’s death is a company no longer in business, it may have been compelled to create a mesothelioma injury trust to compensate those affected by its products and practices. Many companies that formerly produced asbestos products in the United States were required to create these trusts, and they continue to disburse compensation today.

An experienced North Carolina mesothelioma lawyer is the ideal resource to consult if you are unsure of your legal options following the death of a loved one from mesothelioma. Depending on how they were exposed to asbestos, it is possible to have grounds for a claim to a mesothelioma injury trust, or you may have the ability to file a claim to a mesothelioma injury trust.

Whatever your case requires, it is essential to have experienced legal representation on your side. Many attorneys do not accept mesothelioma injury cases or wrongful death cases because of the volume of research and work they require, but the team at Wallace & Graham, P.A., focuses heavily on these complex cases. Our goal for every client is to ensure accountability for those responsible for asbestos exposure and secure maximum compensation for victims’ damages.

Mesothelioma Lawsuit FAQs

Q: What Is the Value of a Mesothelioma Wrongful Death Claim?

A: It is very difficult to estimate the value of a mesothelioma wrongful death claim in the state. The objective of a wrongful death suit is to hold a defendant accountable for the financial impact of the victim’s death on their surviving family members and to compensate the surviving family for their pain and suffering. Your attorney can review the details of your case and provide an estimate of the total compensation you can reasonably expect if you win.

Q: How Do You Prove Liability for a Mesothelioma Wrongful Death?

A: Proving liability for a mesothelioma wrongful death requires proving exactly how your loved one developed mesothelioma. This means identifying the time and place they were exposed to asbestos and then identifying the party responsible for the exposure. This could be a former employer, a property owner, or a company. Your attorney can help you determine which party or parties are liable for your loved one’s death and assist you in holding them accountable.

Q: What Damages Can You Recover in a Mesothelioma Wrongful Death Suit?

A: The damages you can recover in a mesothelioma wrongful death suit are likely to include funeral and burial expenses, lost income that the deceased can no longer provide to their family, and compensation for the family’s pain and suffering. It is also possible to claim compensation for the medical expenses related to the fatal illness incurred prior to the victim’s death and for the pain and suffering the victim experienced prior to their death.

Q: How Long Does It Take to Resolve a Mesothelioma Wrongful Death Case?

A: The time required to resolve a mesothelioma wrongful death case generally depends on several factors. If you are able to prove liability for the death and build an effective suit in a reasonable time, it may not take as long as you might expect to obtain a settlement. However, if you must take the case to court, litigation can take much longer to complete. A settlement may be possible within a few months, but litigation could take longer than a year.

Q: Do I Need a Lawyer to File a Mesothelioma Wrongful Death Lawsuit?

A: You need a lawyer to file a mesothelioma wrongful death lawsuit in the state if you want to ensure the greatest chance of success with your case. The right attorney on your side will significantly improve your chances of winning your case, and you will be able to look to them for guidance and support throughout all of your proceedings. It’s important to contact a reliable attorney as quickly as possible to ensure you can meet the statute of limitations.

The attorneys at Wallace & Graham, P.A., know how difficult it is to lose a family member to a terminal illness like mesothelioma. When another party is responsible for causing such a death, it is natural to want answers and accountability as quickly as possible. Our firm has helped many past clients with their mesothelioma wrongful death cases, and we can put this experience to work for you. Contact us today and schedule a free consultation to learn how we can help.