Mesothelioma is a rare, incurable cancer. When someone dies of mesothelioma, that person’s surviving family members – anywhere in the United States – may be eligible to file a wrongful death lawsuit and recover compensation with help from a California mesothelioma attorney.
The only known cause of mesothelioma is exposure to asbestos. Wrongful death lawsuits arising from mesothelioma fatalities name those parties who may be responsible for a loved one’s asbestos exposure – usually product manufacturers and/or suppliers – as defendants.
What steps can your family take to recover compensation after you’ve lost a loved one to mesothelioma? When should you file a wrongful death lawsuit?
Keep reading this short discussion of mesothelioma, wrongful death claims, and your family’s rights for the answers that you and your loved ones may be seeking.
What Is a Wrongful Death Lawsuit?
Wrongful death lawsuits are intended to hold a party or parties liable for a death. The lawsuit is filed in a civil court, usually by family members, as specified by state law. When a wrongful death lawsuit prevails, survivors may recover compensation for the harm and losses they’ve suffered as the result of losing a family member.
Any death caused by someone else’s wrongful actions, whether those actions were intentional or negligent, may prompt a wrongful death lawsuit. Of course, no amount can fully compensate you for a family member’s loss, but wrongful death claims may provide compensation for:
- the decedent’s funeral costs and final medical expenses
- the decedent’s lost future earnings and lost future retirement income
- the emotional suffering and distress of the surviving family members
- in some cases, the loss of consortium
What Should You Know About Mesothelioma?
Mesothelioma is a cancer that develops in the mesothelium, which is the lining that protects internal organs. Most mesothelioma victims were employed in a location where they inhaled asbestos dust or fibers, or they resided with someone who was exposed to asbestos.
Asbestos is a natural, toxic mineral. Its fibers are found in baby powders, cosmetics, talcum products, brakes, joint compounds, stucco, construction materials, and a number of other products. Anyone who has ever inhaled asbestos dust, particles, or fibers could be a mesothelioma victim.
After an exposure to asbestos, mesothelioma may take decades to develop in the chest, lungs, heart, or abdomen. While its usage has been limited since the 1980s, asbestos continues to be used to produce several types of industrial compounds and materials.
In fact, in the U.S., about 2,000 to 3,000 mesothelioma cases are still diagnosed each year, and according to the U.S. Department of Labor, about 1.3 million workers in the construction and manufacturing industries may be at risk right now for asbestos exposure and mesothelioma.
What Does Filing a Wrongful Death Claim Entail?
Depending on a decedent’s employment, employer, and the state he or she worked in, surviving family members may qualify to bring a wrongful death lawsuit. You’ll need the guidance and advice of a mesothelioma lawyer who can determine if your family is entitled to compensation.
From anywhere in the U.S., a California mesothelioma attorney can help you compile the evidence that supports your wrongful death claim – your loved one’s medical, employment, and financial records, and testimony that confirms your loved one’s exposure to asbestos.
After your lawyer compiles the necessary evidence, your family may be offered an out-of-court settlement, but if liability is disputed or if a reasonable settlement amount is not offered, your lawyer will take your case to trial, where a final determination will be made by a judge or a jury.
What Does the Legal Process Entail?
After you file a wrongful death lawsuit, you can expect a response from the defendant, followed by the discovery process, depositions, settlement negotiations, and possibly a trial, verdict, and appeal. Most wrongful death claims are resolved out-of-court, with no need for a trial.
The legal process in a wrongful death case may be lengthy. Negotiations can’t be rushed, and a trial may be delayed or extended for months, but the right mesothelioma lawyer will guide you step-by-step from your first legal consultation through the conclusion of the legal process.
Emotional anguish and the loss of consortium are considered “non-economic” damages that don’t have an exact cash value, so if your case goes to trial, the final amount of compensation for emotional anguish or consortium loss will be decided by a judge or a jury.
What Will Justice Cost?
If you have lost a loved one to mesothelioma, your family may be struggling with devastating medical debts. Don’t let financial concerns keep you from seeking justice. A California mesothelioma lawyer will represent your family on a contingent fee basis.
What this means is that you will pay no attorney’s fee in advance and no fee unless and until your attorney recovers your compensation. If, for any reason, you are not compensated at the end of the legal process, you’ll pay no fee to your mesothelioma attorney.
An initial case review and evaluation is provided without cost or obligation to the families of mesothelioma victims. It’s your opportunity to obtain specific legal advice and to learn how the laws in your own state apply to your wrongful death claim.
How Should You Choose a Wrongful Death Lawyer?
Every mesothelioma claim is different, so it is essential for the survivors of mesothelioma victims to find a wrongful death lawyer who has experience with mesothelioma cases. Finding the right wrongful death lawyer to represent your family can be a genuine challenge.
The legal team at Frost Law Firm has over a hundred combined years of experience handling mesothelioma claims and wrongful death cases. We advise and represent the families of mesothelioma victims throughout the United States.
Attorney Scott L. Frost leads a team of attorneys who have recovered millions of dollars in damages for their clients. We will answer your questions, address your legal concerns, and if you qualify to take legal action, we will help you file a wrongful death claim in your own state.
If your wrongful death action prevails, your family will be compensated. Learn more, or begin the legal process now by calling Frost Law Firm from anywhere in the country – at 866-FROST-WINS – and letting us put the law to work for you and your loved ones.
