What Happens if the Person Affected Passes Away?

Mesothelioma is a rare and aggressive asbestos cancer caused almost exclusively by asbestos exposure. The majority of mesothelioma victims pass away approximately one year after diagnosis, which leaves a major question for victims and their families-what happens if the person affected by mesothelioma passes away in the middle of a court proceeding or before a claim is filed?

Even if the person afflicted with mesothelioma passes away the family of that victim can fight on his or her behalf. Most states in the U. S. allow the families of asbestos victims to pursue a wrongful death court case for a spouse or immediate family member, even if the affected person did not file a lawsuit while they were alive. Compensation received from a mesothelioma lawsuit after a family member has passed away can help with the monetary impact placed on the surviving family members. The financial burden of losing income coupled with medical bills that mounted during illness can be devastating to families. Compensation received from filing a mesothelioma lawsuit can help to alleviate some of the financial strains of losing a loved one to mesothelioma.

The very first step in pursuing a wrongful death suit for a family member is to choose a capable and experienced mesothelioma lawyer. Depending on the state, laws may vary for family members pursuing a claim.

With a history predating antiquity, people have found a myriad of uses for asbestos for thousands of years. American industrial and domestic use of asbestos was in full swing by the World War II era. By then, asbestos manufacturers and the government were aware of the dangerous affects of asbestos exposure, yet in order to protect growing profit margins and maintain economic stability, they kept quiet. Asbestos companies formed scientific committees to show asbestos was a safe product and even coerced outside scientists to hide evidence that asbestos is extremely hazardous to human health. These actions and others have made the manufacturers of asbestos products liable for the diseases caused by asbestos exposure.

While mesothelioma is considered to be a rare type of cancer, only accounting for approximately three percent of cancer related deaths annually in the United States, there are between 2,000 and 3,000 new cases of mesothelioma diagnosed each year. Experienced mesothelioma lawyers have the expertise to file these wrongful death claims for families and for the victims of mesothelioma. These specified attorneys know how to pinpoint the companies that are responsible for exposure and how to prove they are liable for asbestos disease.

If you are the victim of mesothelioma, rest assured that your family can carry on your fight if you pass away during the course of the investigation and trial. If you are a family member who has lost a close loved one to mesothelioma, you can fight to obtain compensation for your deep loss, even if your loved one did not file a lawsuit.

The most important first step to take, whether you are a victim or a family member, is to find an experienced mesothelioma lawyer who has expertise in dealing with mesothelioma and asbestos exposure cases. Your lawyer will help mount a case against the companies who are ultimately responsible for the disease and death of your loved one.

Interested in more information on other important issues surrounding asbestos disease and litigation? Just fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive a helpful information packet. For more information about these issues, and what you can do to assert your rights, please see Your Legal Rights and Choosing an Attorney.

Mesothelioma News

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W.R. Grace and Company has recently reached a $60 million agreement that is aimed to settle property damage claims concerning asbestos-contaminated insulation. Home and business owners who used the at ...Read More
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James Ross, who is expected to pass away from mesothelioma, is refusing to undergo an autopsy after his death. The court is mandating this procedure in order for ...Read More