South Carolina Mesothelioma Wrongful Death Lawyer

South Carolina Mesothelioma Wrongful Death Attorney

A wrongful death claim for mesothelioma can be filed when an individual could have filed a personal injury or workers’ compensation case while they were alive. Their surviving family members can benefit from the compensation, which also holds the responsible parties accountable for their negligence. If you have lost a loved one to mesothelioma, it can be helpful to talk with a South Carolina mesothelioma wrongful death lawyer. They can determine if you have a claim.

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

At Wallace & Graham, P.A., our attorneys have over 40 years of experience in mesothelioma cases. We understand the many types of mesothelioma and asbestos claims, including personal injury, workers’ compensation, product liability, and wrongful death claims. Our attorneys have the support of skilled paralegals and staff, and we use our resources to help you with your mesothelioma wrongful death claim.

We understand how difficult it is to address a wrongful death claim after the loss of a loved one. Our team can help you navigate this process successfully to get the compensation you need and the space to grieve. We apply our many years of experience to hold the at-fault parties responsible for their negligence and misconduct. It is unfair that these companies and corporations can make decisions that endanger the lives of employees and consumers, and they should be held accountable for their wrongful acts.

Mesothelioma and Asbestos Exposure

Mesothelioma is most commonly caused by long-term or severe asbestos exposure. When asbestos fibers are released into the air and inhaled, they cause tissue damage and scarring inside the lungs. This damage increases the risk of respiratory illnesses and cancers.

Mesothelioma is one of these cancers, and it is found in the linings of certain organs, including the lungs, heart, and stomach. It takes years to decades for symptoms to show; by then, it is incurable and nearly always fatal. Because mesothelioma can take as much as 60 years to be diagnosed, this can make personal injury and wrongful death claims more complicated.

Individuals can be exposed to asbestos in many different ways. Commonly, employees are exposed when they work with asbestos-contaminated products, old buildings, or old ships that still use asbestos for fireproofing or insulation. Because many employees work on the same site for long periods, this can severely increase their exposure risks.

Asbestos in old buildings can also harm those living there. If the material is damaged, it can release asbestos fibers into the air. Property owners and landlords are liable for hazards on their premises that they knew or should have known about.

Consumers of asbestos-contaminated products can also be at risk, particularly when the product is part of a daily routine. Product manufacturers are liable for releasing unreasonably dangerous products, even if they were unaware that the product was dangerous. Unfortunately, many manufacturers of asbestos-contaminated products are quite aware of the risks and dangers of their products. They should be held accountable for their gross negligence or intentional misconduct.

Understanding a Mesothelioma Wrongful Death Claim

Someone diagnosed with mesothelioma who was only exposed because of their employment or a party’s negligence can file a personal injury claim. If they do not file or complete a personal injury claim before they die, the claim becomes a wrongful death claim and provides specific benefits to surviving loved ones. These claims can recover medical treatment costs, lost income, funeral expenses, and other damages.

Surviving loved ones may be able to file a wrongful death claim against a product manufacturer, a grossly negligent employer, a property owner, or another at-fault party. If the deceased was an employee when they were exposed to asbestos, families may be able to recover compensation through the workers’ compensation system.

South Carolina Mesothelioma Lawyer FAQs

Q: What Is the Wrongful Death Claim for Mesothelioma?

A: A mesothelioma wrongful death claim is filed when an individual dies from mesothelioma who would have been eligible for a personal injury claim during their lifetime. Wrongful death claims are filed by the estate’s executor for the benefit of surviving family members. These claims can recover several damages, including the cost of medical bills, lost income support, and the loss of personal and emotional support. The claim could also cover reasonable funeral costs.

Q: Who Can Sue for Wrongful Death in South Carolina?

A: In South Carolina, wrongful death claims can only be filed by the executor or administrator of the deceased person’s estate. An individual can name an executor in their will. This may be a friend, family member, or professional. This person is responsible for filing a wrongful death claim for the benefit of a surviving spouse and their children or for parents and other heirs. This is different from other states, where specific family members can file these claims.

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

A: The amount of time it takes to settle a mesothelioma case depends, but it can take several months or several years. Several factors can change the duration of a claim, including:

• If the at-fault party refuses to provide a settlement that covers the damages
• Whether the claim goes to trial instead of being settled in negotiations
• Your attorney’s skill, resources, and experience in mesothelioma cases
• The court jurisdiction where the claim is under

An attorney can review your personal injury or wrongful death mesothelioma case to give you a more accurate estimate based on your unique circumstances.

Q: Can You Sue for Being Exposed to Asbestos?

A: Yes, you could sue for being exposed to asbestos if:

1. Another party’s negligence resulted in the exposure.
2. You are now suffering from an illness because of the exposure.

If you were exposed to asbestos while on the job, you can file a workers’ compensation claim, which does not require a party to be negligent. However, if your employer was grossly negligent, and this led to asbestos exposure and increased your risk of illness, you could file a civil claim against your employer.

Holding the At-Fault Parties Accountable With a Wrongful Death Claim

Wrongful death claims should be filed as quickly as possible, but the statute of limitations can be very complicated in mesothelioma claims. When you review your case with a skilled attorney, they can help you determine if you have a viable claim. At Wallace & Graham, P.A., we can help you hold negligent parties responsible for their failures. Contact our firm today and let us guide you through the process of a claim.