Mesothelioma and asbestos-related lung cancer are deadly diagnoses with a low survival rate. Victims and their families often suffer greatly during their last few remaining months together, and the resulting death can leave a painful, gaping void in its wake.
Learn how your family can recover from the loss and receive rightful compensation from asbestos exposure resulting in a death through filing a wrongful death lawsuit.
What Factors Are Needed for an Asbestos Exposure Wrongful Death Lawsuit?
Every wrongful death case will be different, and there is no one set of factors that can lead to a guaranteed or highly likely outcome. Yet, the basic building blocks of an asbestos wrongful death case are considered to be:
- A fatal health condition as the result of asbestos exposure
- A party or parties responsible for the exposure
- A duty of care on behalf of the party that allows allegations of negligence
- Knowledge of the risk or danger of exposure that was ignored
- Strong evidence of asbestos exposure traceable to a clear time frame or set dates
- Evidence of the family’s financial loss and emotional suffering
Again, not every successful wrongful death case will have all of these elements, and not every case that has all these elements can be won. Our legal team will look for these elements to build a strong case.
What Is the Statute of Limitations on Asbestos Wrongful Death Suits?
Statutes of limitations vary based on the jurisdiction of the state where the suit is being filed. Most states allow for wrongful death suits to be filed within two years of the victim’s death.
Who Can File an Asbestos Exposure Wrongful Death Lawsuit?
- Grandparents in some instances
Local law generally outlines which of these individuals may file a suit, whether they may file jointly and how any subsequent award or settlement would be apportioned to the surviving members.
Asbestos Wrongful Death Survival Action
Representatives of the deceased’s estate can also file a personal injury case on behalf of the deceased separate from a family-based wrongful death suit.
If someone you loved has passed away from mesothelioma or an asbestos-related lung cancer, contact our legal team today. You will be given immediate assistance and a free, confidential case evaluation.
Our team of experienced asbestos lawyers will use their knowledge and resources to identify all parties responsible and potentially liable for your loved one’s death in order to quickly pursue maximum compensation for your loss.