A Guide to Mesothelioma Compensation for Family Members
Someone who is not a mesothelioma patient may be able to receive compensation if they have lost a loved one because of the disease. If a patient with mesothelioma dies without claiming compensation for asbestos, the family is often able to file a claim for wrongful death.
Who is eligible for an undue death benefit?
If a Mesothelioma patient dies, asbestos companies can be held responsible. Not everyone can receive compensation when mesothelioma has been diagnosed in a relative.
There are three main criteria for filing an unjustified death claim for mesothelioma:
No previous complaint
Family members often wonder if they are entitled to compensation after the death of their loved one. When a person develops mesothelioma, some companies are responsible for exposure to asbestos causing the disease. These companies have to compensate for this loss only once.
If a patient with mesothelioma has already received compensation for his illness against a defendant of an asbestos company, no one else can file a claim against that same defendant. However, family members may be able to file claims against other defendants of an asbestos company that were not previously settled.
Relationship to the victim
Generally, only a spouse, an immediate family member or a dependent of a person who has died of mesothelioma is able to seek redress. Who qualifies to be an undue recipient of death varies considerably from one state to another.
In some states, you may be able to file a claim if you are a parent or a more distant family member. A person who has suffered financially from death, such as a person cared for or supported by the mesothelioma sufferer may also be eligible.
Most legal cases must be filed within a specified period, called the statute of limitations. Unjustified cases of mesothelioma death must be reported no later than one to three years after the death of the patient. The limitation period varies from state to state. A mesothelioma lawyer can sometimes file in a different state with a longer statute of limitations. Only an experienced lawyer can say for sure if your time has expired to file a claim.
What is an unjustified death claim?
An unjustified death claim is used when someone dies and their loved ones believe that the death is the fault of another person or entity. Mesothelioma is caused by exposure to asbestos. Some companies that have manufactured or sold asbestos-containing products or equipment that require the use of asbestos are responsible for the death of mesothelioma.
Many people have been exposed to asbestos at work without being warned of the danger.
Many asbestos companies were aware of the health risks associated with the substance but did not warn their employees or their consumers. These companies are now held liable for the cancer deaths they caused in claims for wrongful death.
The family of a patient with mesothelioma deserves to be compensated for the damage caused by the death of their loved one.
There are three types of damages for wrongful death:
Economic loss: This includes the financial contributions the victim would have made to the family if they were still alive, including their expected future earnings and benefits. Medical expenses for the treatment of mesothelioma as well as funeral expenses can be part of this compensation.
Non-economic loss: Although there is no way to replace a loved one, asbestos companies should compensate the victim’s families for their emotional loss. Non-economic damage includes loss of love, companionship, companionship, counseling, care, and more that the victim would have provided. They can also include damage caused by pain and suffering.
Punitive Damages: These damages are intended solely to punish the defendant for his wrongdoing. These are not always included in cases of wrongful death. These damages are used at the trial verdict stage in cases where the defendant’s actions were particularly hateful.
Hire a mesothelioma lawyer
Unjustified death laws can be complicated. Many families are not eligible to file a claim for unjustified death due to mesothelioma because of certain huddles.
Wrongful death laws can be complicated. Many families are not eligible to file a mesothelioma wrongful death claim due to the statute of limitations or other reasons. The best way to know if you are able to file a wrongful death claim is to contact an experienced mesothelioma lawyer.