Filing a Mesothelioma Claim After a Loved One’s Death: A Step-by-Step Guide

Mesothelioma is an incurable and terminal form of cancer caused by asbestos exposure. Projected survival time varies from case to case, but the condition is always fatal. If a family member has recently died from this condition, it is important to know what to expect when filing a mesothelioma claim after a loved one’s death. It’s possible for workers’ compensation death benefits to come into play, but you could also have grounds for a civil suit.

Filing a Mesothelioma Claim After a Loved One’s Death

Whenever a specific party is responsible for causing a fatal illness or injury, that party is liable for wrongful death. The surviving family of the victim will need to adhere to their state’s laws for filing a wrongful death suit. It is also possible for workers’ compensation insurance to come into play in these cases, but families facing such scenarios often feel lost and overwhelmed when it comes to navigating their options.

There are roughly 3,000 new mesothelioma cases diagnosed in the United States each year. Due to the long latency period of mesothelioma, many people were exposed to asbestos many years before diagnosis. There are also about 2,500 deaths in the United States from mesothelioma each year, and families of victims will need experienced legal counsel to guide them through their cases.

The first step in any mesothelioma case is determining the source of the victim’s exposure. This may require a careful review of many years’ worth of employment records, building maintenance records, and other documentation. It’s vital to determine the source of exposure to direct your legal efforts. Once your attorney has helped to determine the cause, they will know what steps you will need to take to pursue compensation.

Some mesothelioma cases involve workers’ compensation, but the death benefits available from most employers’ insurance policies are minimal. It is also possible to file a claim to a mesothelioma injury trust, and while this is a relatively straightforward process, it may not yield much in the way of compensation. Filing a wrongful death suit offers a better chance of maximizing your family’s compensation.

The first step in any mesothelioma death case is determining liability. A seasoned attorney can help you pinpoint the cause of your loved one’s fatal exposure. Next, they can explain your legal options for seeking compensation for their wrongful death. Whether your case entails a claim for workers’ compensation death benefits, a mesothelioma injury trust, or a civil suit against a specific party, the attorneys at Wallace & Graham are ready to help.

Finding Legal Counsel for a Mesothelioma Wrongful Death Case

An experienced mesothelioma lawyer can build the foundation of your case, identifying the party responsible for your loved one’s fatal condition and holding them accountable for the economic and non-economic damages your family has suffered. Your case is likely to require extensive and difficult research, but the team at Wallace & Graham has years of proven experience resolving the most challenging mesothelioma cases for our clients.

As soon as you secure our representation, we can immediately begin gathering the evidence you will need to prove liability for the wrongful death. Our goal for every client is maximum recovery, and we are confident we can guide your family to a positive conclusion to your case. You have a limited time after your loved one’s death to file your wrongful death case, so it is crucial that you connect with an experienced attorney at your first opportunity.

FAQs

Q: How Much Asbestos Exposure Can Cause Mesothelioma?

A: Any amount of asbestos exposure can cause mesothelioma. There is no safe level of exposure, as just one exposure is potentially enough to cause the victim to develop mesothelioma. This disease has a very long latency period, so it often takes many years after exposure for a person to begin noticing symptoms. Additionally, these symptoms often mirror those of other, less severe conditions.

Q: How Long Can You Survive With Mesothelioma?

A: The length of time a person can survive with mesothelioma depends on multiple factors, such as how serious the condition is at the time of diagnosis, their individual medical condition, their lifestyle, age, and more. Chemotherapy is the most commonly used treatment for mesothelioma, and more than 65% of people who undergo this treatment for mesothelioma survive for three years or more.

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

A: To prove liability for wrongful death from mesothelioma, it will be crucial to gather evidence showing when, where, and how you were exposed. It’s possible that the party at fault for a mesothelioma wrongful death will be a current or former employer, a product manufacturer, or another party. The plaintiff will need to prove that the defendant is directly responsible for causing the condition in order to hold them accountable for the death.

Q: How Much Compensation Can Be Claimed for a Mesothelioma Death?

A: The amount of compensation that can be claimed for a mesothelioma death will depend on the specific details of the case. The family of the victim may be able to claim compensation for the lost financial support the victim can no longer provide, medical expenses, and other losses from the deceased’s estate, and compensation for their pain and suffering. An experienced attorney can estimate the total potential value of a mesothelioma wrongful death case.

Q: Should I Hire a Lawyer for a Mesothelioma Death Case?

A: Yes, you should hire a lawyer to help you with a mesothelioma death case. These cases are inherently challenging in several ways. You will need an attorney’s help to gather the evidence you need to prove the cause of the victim’s condition, and you will need their help to accurately calculate the total damages you are eligible to claim from the defendant. You are more likely to win your case when you have an experienced attorney representing you.

The team at Wallace & Graham has years of experience handling all types of mesothelioma cases, including death cases. We know how hard it is to lose a family member to this condition and that you are likely to have many questions about your legal options. If you think you have grounds to pursue a case, it is crucial that you consult legal counsel right away. Contact us today to schedule a free consultation with our team and learn how we can help.