Only legal personal representatives can recover compensation on behalf of a deceased family member

By Shaniqua Williams

Posted on February 09th, 2021

Even if you are the close family member of a person who passed away as a result of a disease caused by toxic exposure, you need to be the legally appointed estate representative in order to be able to recover financial compensation on their behalf. Otherwise, you do not have the legal right to seek compensation on their behalf.

Unfortunately, not few are the cases in which people injured by toxic agents, either on the job or in the military, pass away without having filed a claim to recover the financial compensation they would have been eligible for. This is usually where family members step in, as wrongful death cases have a statute of limitations of two years and they can thereby file a claim to obtain the compensation their loved one would have been entitled to. While the sum of money the family members of a person who developed a disease as a consequence of toxic exposure will be smaller than if the victim would have filed a claim themselves, initiating the legal process in such cases is still worth it, as the financial compensation you can obtain with the help of a specialized attorney is significant. However, a very important aspect that is often overlooked by people injured by toxic agents, as well as by their family members, is that, in the regrettable case that the victim of toxic exposure passes away, one of their family members can recover compensation on their behalf only if they are the legal personal representative of the estate. Otherwise, the family member in question cannot seek financial compensation.

What type of legal personal representative can the family member of a deceased toxic exposure victim be?

According to common law, there are multiple types of personal representatives of the estate that the family member of a recently deceased victim of toxic exposure can be in order to qualify for recovering financial compensation on their behalf. Thereby, if you intend to seek compensation on behalf of a family member who passed away due to a disease caused by toxic exposure, you must be one of the following:

  • administrator
  • administrator de bonis non
  • alternate executor
  • ancillary administrator
  • conservator
  • executor
  • legal guardian
  • overseer
  • public administrator

If you have a family member whose life has recently been claimed by a disease stemming from toxic exposure that occurred on the job or in the military, we strongly encourage you to reach out to our law firm, as we specialize in this area of practice. With over 25 years of professional experience, we will help you recover the maximum compensation available on behalf of your deceased loved one.

File a wrongful death personal injury claim with the help of our attorneys

Since 1990, we have been pursuing financial compensation for the victims of toxic exposure, as well as for their surviving family members, and are bound to provide you with quality legal services. With knowledge and dedication, our attorneys will help you file a wrongful death personal injury claim with the companies responsible for the death of your family member, as well as a VA claim, if they were a veteran. Although complex and tedious, the legal process will require minimal involvement on your part, as you will only have to send your attorney the employment or military records of your deceased family member, their medical records and their death certificate. Furthermore, our legal experts will conduct extensive research to discover additional evidence to support your claim so that it will result in the maximum compensation you are entitled to. If you have any questions, please feel free to contact our law firm and we will gladly help you.