Mesothelioma Can I Still Claim Even if Loved One Passed Away?

Dealing with the loss of a loved one can be a difficult and trying time, but when that loss is due to an illness caused by exposure to asbestos, it can be devastating. Mesothelioma is a type of cancer that is directly linked to asbestos exposure, and it is known for its long latency period. This means that people can get sick with mesothelioma years or even decades after they were exposed to asbestos.

If you have lost a loved one due to mesothelioma, you may be wondering if you can still file a claim. The short answer is yes, but there are a few things that you need to know.

Understanding Mesothelioma Claims

A mesothelioma claim is a legal action that seeks compensation for damages caused by asbestos exposure. The damages that may be claimed can include medical expenses, lost wages, pain and suffering, and wrongful death.

If your loved one was diagnosed with mesothelioma before they passed away, they may have filed a claim themselves. In this case, the claim would continue after their death, and the family members would become the beneficiaries.

If your loved one did not file a claim before their death, you can still file on their behalf. This type of claim is known as a wrongful death claim, and it can help provide the family with the financial compensation they need to cover expenses and cope with their loss.

Who Can File a Mesothelioma Claim?

The laws on who can file a mesothelioma claim vary from state to state, but in general, the following parties may be eligible:

Eligible Parties
Spouses
Children
Parents
Grandchildren
Dependents

It is important to note that the laws governing mesothelioma claims can be complex, and it is always best to consult with a qualified attorney who can provide guidance and advice specific to your situation.

What are the Benefits of Filing a Mesothelioma Claim?

There are several benefits to filing a mesothelioma claim, including:

• Compensation for medical expenses
• Compensation for lost wages
• Compensation for pain and suffering
• Peace of mind and closure

What is the Statute of Limitations for Mesothelioma Claims?

The statute of limitations for mesothelioma claims varies from state to state, but in general, it is two to three years from the date of diagnosis. It is important to file a claim as soon as possible to ensure that you meet the deadline and can receive the compensation you deserve.

What Should I Look for in a Mesothelioma Attorney?

When choosing a mesothelioma attorney, it is important to look for someone with the following qualifications:

• Experience handling mesothelioma cases
• Past success in winning mesothelioma cases
• Knowledge of mesothelioma and asbestos laws
• A compassionate and supportive approach

What Can I Do to Protect Myself from Mesothelioma?

The best way to protect yourself from mesothelioma is to avoid exposure to asbestos. If you work in an industry or job where you may be exposed to asbestos, be sure to take the necessary precautions, such as wearing protective gear and following safety procedures. If you think you may have been exposed to asbestos in the past, talk to your doctor and get regular checkups.

FAQs

1. Can I file a mesothelioma claim on behalf of a family member who has passed away?

Yes, you can file a mesothelioma claim on behalf of a family member who has passed away. This is known as a wrongful death claim.

2. What damages can I claim in a mesothelioma case?

You can claim damages for medical expenses, lost wages, pain and suffering, and wrongful death.

3. How long do I have to file a mesothelioma claim?

The statute of limitations for mesothelioma claims varies by state, but it is typically two to three years from the date of diagnosis.

4. What should I look for in a mesothelioma attorney?

Be sure to choose an attorney with experience handling mesothelioma cases, a past success in winning mesothelioma cases, knowledge of mesothelioma and asbestos laws, and a compassionate and supportive approach.

5. What is mesothelioma?

Mesothelioma is a type of cancer that is directly linked to asbestos exposure.

6. Who is eligible to file a mesothelioma claim?

Spouses, children, parents, grandchildren, and dependents may be eligible to file a mesothelioma claim depending on state laws.

7. How can I protect myself from mesothelioma?

Avoid exposure to asbestos by taking necessary precautions if you work in an industry or job where you may be exposed. Talk to your doctor and get regular checkups if you think you may have been exposed to asbestos in the past.

8. How long does it take to receive compensation from a mesothelioma claim?

The length of time it takes to receive compensation from a mesothelioma claim can vary, but it typically takes several months to a year or more.

9. Can a mesothelioma claim be settled out of court?

Yes, a mesothelioma claim can be settled out of court, but it will depend on the specific circumstances of the case.

10. What is the average settlement for a mesothelioma claim?

The average settlement for a mesothelioma claim varies depending on the specifics of the case. According to the Mesothelioma Applied Research Foundation, the average settlement amount is around $1 million.

11. What are the common symptoms of mesothelioma?

The common symptoms of mesothelioma include coughing, chest pain, shortness of breath, fatigue, and weight loss.

12. How is mesothelioma diagnosed?

Mesothelioma is typically diagnosed through a biopsy, where a small sample of tissue is taken from the affected area for examination.

13. What is the survival rate for mesothelioma?

The survival rate for mesothelioma varies depending on the stage at which it is diagnosed. On average, the survival rate is around 12-21 months.

Conclusion

Mesothelioma is a devastating disease that can be caused by exposure to asbestos. If you have lost a loved one due to mesothelioma, you may be eligible to file a claim and receive compensation for damages. The laws surrounding mesothelioma claims can be complex, but with the help of a qualified attorney, you can navigate the process and receive the compensation you deserve. Take the necessary precautions to protect yourself from asbestos exposure, and if you think you may have been exposed, talk to your doctor and get regular checkups.

Closing Disclaimer

The information contained in this article is not intended as legal advice and does not create an attorney-client relationship. The laws surrounding mesothelioma claims can vary by state and can be complex. It is always best to consult with a qualified attorney who can provide guidance and advice specific to your situation.