Mesothelioma Claim after Death: Are Family Members Eligible for Compensation?

Mesothelioma Compensation for Family Members

Losing a loved one due to mesothelioma is hard enough as the emotional stress and suffering you have endured has already caused a huge impact on your life.

What’s even worse is having to add your financial worries to the already heavy burden. This may include the already piled up hospital bills and other medical expenses, mortgage bills, utility bills, household expenses, and other costs.

The good news is that as a spouse or family member to the deceased, you are entitled to compensation to help cover some of these costs. The company responsible for the asbestos exposure that caused the death of your loved one is obligated to compensate you for the loss.

All you have to do is file a wrongful death claim.

So how do you go about it? Well, there are various things you need to know when filing a wrongful death compensation for mesothelioma.

Are you Eligible to File a Wrongful Death Lawsuit?

First things first, you must be eligible to file a lawsuit. In other words, your relationship with the deceased will determine whether you are eligible to receive the compensation or not.

Examples of the type of relationships that may permit a mesothelioma lawsuit include;

  • Immediate family members including spouses, children (including step and adopted), sisters or brothers, mothers or fathers.
  • Grandparents
  • Individuals who are financially dependent on the deceased.

Secondly, you need to ensure that there are no previous claims. This simply means that if your loved one had already filed a claim against the same defendant, you as the immediate family member cannot file a lawsuit.

However, the law allows family members of the deceased to file a claim against another defendant.

Thirdly, you need to ensure that the claim is filed within a certain period which is known as the statute of limitations. According to the law, mesothelioma wrongful death cases must be filed within 1-3 years after the patient’s death. Once this period expires, you may not be eligible to file the lawsuit.

However, the statute of limitation differs with the state and so it’s important to confirm before going ahead with the lawsuit.

How Much Compensation Am I Entitled To?

Of course, no amount of money will bring back your loved one or take away the emotional turmoil you are going through as a result of the loss. However, the compensation can help you ease your financial burden and secure your family’s financial future.

Now the total amount of compensation you will receive will depend on a number of things. They include medical bills, lost wages and future earnings, funeral expenses, a number of companies sued, where the claim was filed, including others.

Your attorney can help you determine the compensation amount you are likely to receive should you win the lawsuit.

Although the process of obtaining mesothelioma compensation for family members is relatively easy, it’s advisable that you use the help of an experienced attorney about filing a wrongful death claim.

The attorney will gather full details about the deceased’s work history, medical history, and other important information and work with you to build the best case possible.

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