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How to File a Lawsuit for Asbestos Claim After a Loved One’s Death

asbestos claim | Gaylord & Nantais

Hiring the right mesothelioma attorney will ensure that you get the best legal advice possible during this difficult time. The right attorney understands the complexities of your case and can guide you through the system making sure all of the details are covered.

Filing a Wrongful Death Asbestos Claim

  • Family members of the deceased have the option to file a wrongful death claim on behalf of the estate.
  • A wrongful death lawsuit can help offset debt from medical expenses, funeral costs, and loss of income.
  • The rules and limitations of who can file a wrongful death claim vary by state, but generally, it must be someone very close to the deceased, not an estranged family member or acquaintance.

Examples of types of relationships that may permit a wrongful death suit include:

  • Spouse or life partners
  • Children, including adopted children or stepchildren
  • Parents or grandparents
  • Someone financially dependent on the deceased (this varies by state)
  • As with personal injury claims where the original plaintiff dies during the process, wrongful death claims can be difficult to prove because the person in question is no longer available as a resource.
  • It is then up to the wrongful death plaintiff and their lawyer to find former co-workers and other witnesses of the deceased to testify about the potential asbestos exposure. An experienced mesothelioma lawyer is familiar with companies that used asbestos and can conduct extensive research into the best avenues to take.

Meeting the Deadlines

Anytime you file a personal injury or wrongful death lawsuit, you will face strict deadlines that must be met if you want your case to continue moving forward. Your attorney will advise you the date of each deadline and what must be accomplished beforehand.

Receiving Compensation

Even though receiving a settlement won’t bring your loved one back, it can help you take care of your family in their absence. If your loved one was the sole breadwinner of your family, the financial impact may be devastating. Your attorney can determine the amount of compensation you deserve as well as the amount of compensation the judge may agree to.

Hiring a reputable attorney in any type of lawsuit is important. When you hire an asbestos lawyer who specializes in this type of case, you get the tools and resources you need to fight back against the untimely death of your loved one.

How Does a Claim Change if a Claimant Dies?

If the original claimant dies as a result of the disease, potential awards from the claim will go to the estate, not the estate representative. They can then be split in a number of ways, similar to how a will splits the estate assets among family members.

How Long Does an Asbestos Claim Take?

Depending on the situation, asbestos claims will result in financial compensation within one month to one year.

What Is the Average Settlement for a Mesothelioma Case?

The average mesothelioma settlement amount is between $1 million and $1.4 million for civil cases, according to recent reports. Workers comp claims can bring in an average of $100k-150k. Civil cases and a worker comp claim can go on at the same time, but there may be credit taken against one versus the other claim depending on the facts of the case.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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