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In case of a wrongful death, what kind of damages can asbestos compensation cover?

The compensation which results from a wrongful death lawsuit will cover the damages experienced by the injured person throughout their life, as well as the damages which affect their family.

answered by Wendy Stevens

For the families who have lost a loved one to asbestos illness, financial compensation may be useful in a difficult time

By filing a wrongful death lawsuit, the family members of a person whose life was claimed by mesothelioma, asbestosis, or lung cancer can recover compensation from the responsible company. Following this legal action, both the damages experienced by the injured individual and those concerning their family will be covered.

The first type of damages, those which have affected the asbestos victim's life from the moment of their diagnosis until their last days, refer to:

  • projected lost income – the estimated amount of money the injured individual would have earned until retirement
  • the cost of medical care and treatment for their asbestos-related disease
  • funeral expenses

The damages affecting the deceased's family include:

  • loss of future services, care or assistance the asbestos victims would have provided
  • loss of companionship, comfort, and guidance (also known as "loss of consortium")

Which family members can file a wrongful death asbestos claim?

Unfortunately, it is not uncommon for people who come to suffer from terrible diseases as a consequence of asbestos exposure to refuse to seek financial compensation during their lifetime. Whether they feel too ill to pursue the money they deserve or fear a never-ending legal process, numerous victims of workplace asbestos exposure never benefit from the money they are entitled to. However, although money cannot replace the company of a dear one, their surviving family members and dependents can claim financial compensation on their behalf, provided the statute of limitations has not been exceeded.

Similar to asbestos claims filed directly by victims of exposure, wrongful death claims have a statute of limitations that varies from state to state. It is worthy of note that the statute of limitations for wrongful death claims is considerably shorter than that of regular asbestos claims, ranging between one and three years. For the majority of U.S. states, it is 2 years. Therefore, if you intend to take legal action on behalf of a deceased loved one, you should initiate the process as soon as possible so that your attorney will have the necessary time to thoroughly prepare your claim.

The following people can file a wrongful death asbestos claim:

  • immediate family members – mothers, fathers, sisters, brothers
  • spouses (husbands and wives) and life partners
  • children, whether biological, adopted, or step-children
  • individuals who were financially dependent on the asbestos victim who passed away
  • certain relatives, such as grandparents

Regardless of your relationship with the asbestos victim, working with a lawyer with vast experience in asbestos litigation is essential, as they are the only legal professionals who have the necessary knowledge and resources to successfully pursue your case. From discovering additional evidence to support your claim to deciding on the optimal type of claim submission, they will efficiently take care of the legal process, which requires minimal involvement on your part and no litigation, as compensation will come from asbestos trust funds.

Do you have a family member who lost his life as a result of suffering from a disease such as lung cancer or mesothelioma? If so, we strongly encourage you to contact our attorneys at your earliest convenience and recover the financial compensation you are eligible for. With nearly 30 years of experience in asbestos exposure cases, our lawyers will evaluate your situation and pursue the maximum sum of money asbestos trust funds can offer you. So far, our law firm has helped over 230,000 asbestos victims and will gladly take over your case.

Other related questions

Every asbestos case is unique and there are numerous factors that might influence the waiting time. Depending on the situation, asbestos claims will result in financial compensation within one month to one year.

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The statute of limitations refers to the amount of time you have to file an asbestos claim after diagnosis. It varies between one and six years, depending on the state you live in.

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Trust transparency laws have been enforced by some U.S. states to protect the legal system from fraud and abuse. Some argue that these laws make the process of recovering compensation more difficult for asbestos victims.

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Since asbestos exposure occurred in the workplace, you may think that it is the employer who will be held accountable for the victims' terrible diseases. In reality, the issue of liability is much more complex.

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Yes. Smokers who struggle with a disease as a consequence of asbestos exposure are still eligible for compensation, as the asbestos fibers in their lungs are the primary cause of their disease.

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