North Carolina Mesothelioma Wrongful Death Lawyer

North Carolina Mesothelioma Wrongful Death Attorney

When someone is diagnosed with mesothelioma, they may be able to file a personal injury claim or workers’ compensation claim if they were exposed to asbestos because another party was negligent. Unfortunately, mesothelioma is an incurable cancer. If a personal injury claim is not filed before the person’s death, their family members can benefit from a wrongful death claim instead. A North Carolina mesothelioma wrongful death lawyer can help the deceased’s family with this difficult task.

Asbestos is present in many old structures, buildings, and products. It can even be found in many current-day products, like talcum powder. Asbestos fibers build up in the lungs when inhaled, causing damage and scarring to the lung tissue. Asbestos exposure over a significant period of time increases a person’s risk of serious respiratory illnesses and organ cancers, including mesothelioma. This is almost always fatal.

In many cases, employees, consumers, and other individuals are exposed to asbestos due to the negligence and lack of care of other parties. Their surviving loved ones can file claims against these parties to recover certain financial losses, holding the at-fault party accountable for their actions.

Wallace & Graham, P.A.: Mesothelioma Wrongful Death Attorneys

The attorneys at Wallace & Graham, P.A., have more than 40 years of combined experience in mesothelioma claims and other asbestos-exposure illness claims. We understand how these claims are handled, including how to navigate wrongful death claims.

You may be filing a civil wrongful death claim against a manufacturer or company, or you might be filing a workers’ compensation death benefits claim. We can help with either. Our firm has obtained significant compensation for our clients, both in and out of court, for asbestos exposure.

Losing a loved one is incredibly difficult. For many, filing a claim is the last thing on their mind. However, these claims can be very helpful for you and your family. No monetary compensation will make up for the loss you have suffered. However, it can give you some financial support during this difficult time and room to grieve. Additionally, it can ensure that the party responsible for your loved one’s death is held accountable. A claim is likely to be less stressful and more successful when you work with an experienced attorney.

Who Can Be Held Liable for a Mesothelioma Wrongful Death?

There are several parties that can be held liable for a wrongful death due to mesothelioma. The type of claim that surviving family members can file will depend on whether their loved one was an employee when they were exposed to asbestos, along with other issues, like the level of their employer’s negligence. Some at-fault parties may include:

• Manufacturers and distributors of asbestos-contaminated products
• Employers who did not provide the proper safety gear for employees while working with asbestos products
• Employers who did not ensure sufficient training for employees
• Companies who failed to provide warnings about the potential for asbestos in their products

In many cases, an employer or company knew that their employers or consumers were exposed to asbestos but hid this fact to continue making money. This may be considered gross negligence or intentional misconduct, which can result in more significant damages in a claim.

Who Can File a Wrongful Death Claim in North Carolina?

In North Carolina, the only party legally allowed to file a wrongful death claim is the personal representative of the deceased’s estate. This personal representative can be named in the deceased’s will, and they may or may not be a family member. If there is no representative named, the court will appoint one.

The award in a wrongful death claim passes to the estate, not the estate representative, meaning that a settlement is divided between surviving family members, just like any of the deceased’s other assets. The settlement will cover past medical bills, the pain and suffering of the deceased, reasonable funeral costs, the net income of the deceased, and other damages.

FAQs

Q: What Are the Average Wrongful Death Settlements for Mesothelioma?

A: The average settlement for a mesothelioma wrongful death claim will vary based on many factors, and it can range from several hundred thousand to a million dollars or more. The settlement is typically dependent on the economic and noneconomic damages that you and your loved one suffered. The value of your settlement will rely on:

• Whether you are filing under workers’ compensation or civil wrongful death
• The loss of income that your family has suffered
• Reasonable funeral costs
• The skill of your attorney
• Whether the claim is settled through negotiation or litigation

Q: How Long Does It Take to Settle a Mesothelioma Case?

A: Every mesothelioma case is unique, and it may take between several months and a year or even longer than a year in some cases. Your attorney can give you a more accurate estimate based on the unique factors of your case. Some of the elements that will impact the length of time a claim takes include:

• Whether the claim goes to court or is settled in negotiation
• The skill, experience, and resources of your attorney
• The severity of your damages
• Whether fault or cause is contested or clearly provable
• The jurisdiction where the case is under

Q: How Do I Make a Claim for Mesothelioma?

A: Whether you have been diagnosed with mesothelioma or lost a loved one due to mesothelioma, you may be able to file a personal injury or wrongful death claim. To be eligible for a mesothelioma wrongful death claim, the following must be true:

1. You have the standing in North Carolina to file a wrongful death claim on behalf of the deceased.
2. The deceased suffered asbestos exposure due to preparing or using certain products, their form of employment, or another reason that makes another party liable.
3. The deceased died because of an illness that is related to asbestos exposure.

Q: How Do You Prove Asbestos Exposure?

A: To prove asbestos exposure, you may be able to use evidence such as:

• Employment records showing that you worked on sites known for asbestos exposure
• Housing records showing that you lived in asbestos-contaminated buildings
• Medical information regarding an asbestos-related illness
• Reports that show asbestos fibers in your lungs
• Other medical information and reports
• Medical professional testimony or analysis
• Personal testimony or that of others regarding your use of certain products

An attorney can help you prove exposure to asbestos and the link between this exposure and your increased risk of contracting your illness.

Talk With Our North Carolina Wrongful Death Attorneys Today

It is hard to navigate a legal claims process after the loss of a loved one. At Wallace & Graham, P.A., we want to help you do so. Contact our firm today.