When you lose a loved one to mesothelioma, you need to discuss your experience with a mesothelioma lawyer. They can explain the process for wrongful death so you can feel less financially and personally constrained. You can also seek a greater sense of justice through the legal system with the right legal assistance from a mesothelioma attorney.
Understanding Mesothelioma and Asbestos Exposure
Mesothelioma Overview
Mesothelioma is a rare type of cancer linked to exposure to asbestos. It usually develops in the lining of the lungs, abdomen, or heart, but it may also be diagnosed in the lining of the testicles. Testicular mesothelioma is the rarest form of the disease.
Common Asbestos Uses
The U.S. has a significant history of asbestos use in various industries, including:
- Manufacturing
- Construction
- Shipbuilding
- Power plants
- Oil refineries
- Steel mills
Many workers in these industries, as well as their family members, can develop mesothelioma later in life through secondary exposure.
Legal Basis for Mesothelioma Lawsuits
Wrongful Death Statutes
Each state has its own wrongful death laws. For example, in Illinois, mesothelioma lawsuits for a deceased loved one are typically filed under the Illinois Wrongful Death Act (740 ILCS 180/1). This law allows certain family members to seek compensation when a wrongful act, neglect, or the default of another party causes a person’s death.
Who Can File a Mesothelioma Lawsuit for Wrongful Death?
Under the law, the following individuals are generally eligible to file a mesothelioma lawsuit on behalf of a deceased loved one:
- Spouse of the deceased
- Children of the deceased (including adopted children)
- Parents of the deceased (if the deceased was unmarried and had no children)
- Siblings of the deceased (if the deceased was unmarried, had no children, and no surviving parents)
The personal representative of the deceased’s estate must file the lawsuit. If a will names an executor, that person is typically the personal representative. If there is no will, the court will appoint an administrator to serve as the personal representative.
How Is a Wrongful Death Settlement Divided?
Under the state’s Wrongful Death Act, family members who qualify for a settlement must prove their level of dependence on the deceased. The court, in turn, will divide the settlement amount proportionately. As you can see, you’ll need an attorney’s help to ensure everyone’s compensation is equitable and fair.
What’s the Timeline for Filing a Claim?
You only have two years from the decedent’s date of death to file a claim for wrongful death. You may lose your chance to claim compensation if you don’t meet the timeline.
Steps to File a Mesothelioma Lawsuit
Gather Information
Before filing a lawsuit, collect as much information as possible about your loved one’s asbestos exposure and medical history. It may include:
- Employment records
- Military service records (if applicable)
- Medical records and diagnostic information
- Death certificate
- Any documentation of asbestos exposure
Consult with an Experienced Mesothelioma Attorney
Given the nature of asbestos litigation, working with an attorney with specific experience in mesothelioma cases is imperative. They can help you:
- Evaluate the strength of your case
- Identify potential defendants
- Understand the legal process
- Ensure compliance with state laws and procedures
Many mesothelioma attorneys offer free consultations and work on a contingency fee basis, meaning you don’t pay unless you receive compensation.
File a Petition to Open the Estate
As indicated, if your loved one didn’t leave a will naming an executor, you’ll need to petition the probate court to open an estate and appoint an administrator. This person will serve as the personal representative for the lawsuit.
Investigate and Identify Defendants
Your attorney will conduct a thorough investigation to identify all potentially liable parties. In mesothelioma cases, there may be multiple defendants, including:
- Asbestos manufacturers
- Companies that used asbestos-containing products
- Premises owners where asbestos exposure occurred
- Contractors or subcontractors responsible for asbestos installation or removal
Negotiating a Settlement
Many mesothelioma cases settle out of court. Your attorney will negotiate with the defendants to reach a fair settlement. The case usually goes to trial if a settlement can’t be reached.
Factors Affecting Compensation
The amount of compensation can vary widely depending on factors such as:
- The strength of evidence linking asbestos exposure to the defendant(s)
- The extent of the defendant’s negligence
- The deceased’s age, health, and life expectancy at the time of diagnosis
- The impact of the loss on the family
- The specific economic losses incurred
Proving Causation
While asbestos is the primary cause of mesothelioma, defendants may argue that other factors contributed to the disease. Your attorney will need to establish a clear link between the asbestos exposure and your loved one’s mesothelioma.
The Importance of Experienced Legal Representation
Given the complexities of mesothelioma litigation, it’s necessary to work with an attorney who has specific experience in this area to best protect your interests. An experienced mesothelioma wrongful death attorney can:
- Handle state-specific laws and procedures
- Identify all potential sources of compensation
- Build a strong case linking asbestos exposure to specific defendants
- Handle complicated negotiations with multiple defendants
- Ensure all filing deadlines are met
- Represent you in court, if necessary
Preparing for the Emotional Aspects
Filing a lawsuit while grieving the loss of a loved one can be emotionally challenging. It’s important to:
- Seek emotional support from family, friends, or professional counselors
- Communicate openly with your legal team about any concerns or difficulties
- Understand that the legal process can be lengthy and prepare for potential delays
- Focus on honoring your loved one’s memory and seeking justice on their behalf
Filing a mesothelioma lawsuit for a loved one’s death can be emotionally and personally draining. With the right legal support and representation, you can pursue justice for your loved one and receive compensation for you and your family.
Contact a Wrongful Death Mesothelioma Lawyer Now
If your loved one has passed away from mesothelioma, know your rights and contact an attorney now. Call a mesothelioma lawyer at Vogelzang Law about filing a claim today.
