Is My Family Eligible for Mesothelioma Compensation?
Nicole Winch | January 28, 2020
If you lost a loved one to mesothelioma, you’re likely struggling with many emotions. A family member passing away due to cancer is a tragic occurrence — and also one that causes severe financial distress in addition to emotional burdens.
Fortunately, as the loved one of a mesothelioma victim, you are also a victim of this cancer and the corporate greed that caused it. Therefore, you may be eligible to receive mesothelioma compensation.
Many mesothelioma patients pass away before they file a lawsuit, and some pass away during the litigation process. In most cases, the family is able to either continue the personal injury claim process or file a wrongful death claim for their loved one’s cancer.
Our legal team at Bullock, Campbell, Bullock & Harris wants all mesothelioma patients and their loved ones to know which situations they’re eligible for compensation. We also will explain the legal process and deepen your understanding of how wrongful death mesothelioma compensation applies to claims.
What Is a Wrongful Death Mesothelioma Claim?
Many people worked for companies that knew of — yet hid — the health risks associated with asbestos exposure. A wrongful death claim is applicable when someone passes away because of the actions of another person or entity.
The asbestos companies that exposed people to this toxic substance should be held accountable for every person affected when a patient dies. Not only is the direct victim affected, but so are the loved ones struggling with mountains of medical bills, funeral costs, lost wages, and pain and suffering.
Here are three types of wrongful death damages:
- Pain and suffering: No amount of money can heal the emotional pain caused by losing a loved one. The companies liable for a mesothelioma victim’s death should compensate the family for its emotional struggles. Other aspects falling within pain and suffering include loss of companionship, love and guidance.
- Punitive: This type of damage punishes the defendant for their negligence. Not all wrongful death mesothelioma cases will include these damages. Usually, punitive damages apply when a trial reaches the verdict stage and the defendant’s actions were notably egregious.
- Financial loss: These damages include financial contributions the victim would have made if they were still alive. Examples of financial loss damages include their expected future income and benefits. Mesothelioma treatment costs, funeral expenses and other unforeseen expenses also comprise this wrongful death compensation.
Do You Qualify for Wrongful Death Mesothelioma Compensation?
Asbestos companies are responsible for the thousands of patients who die every year from mesothelioma. However, these companies are only obligated to compensate once for each diagnosis. This means that wrongful death and personal injury claims cannot be filed against the same company.
Oftentimes, patients will file a personal injury mesothelioma claim and receive compensation (either from a lawsuit or asbestos trust fund) before passing away. When these patients pass away due to their cancer, the family members are not eligible to receive wrongful death compensation.
However, if your loved one did not take any legal action before their passing, then you could take action. Don’t do it alone, though. Hiring an experienced mesothelioma lawyer who can build your case will help you and your family get the deserved compensation.
Who Can File for Wrongful Death Mesothelioma Compensation?
Each state varies when determining who is eligible to be a wrongful death beneficiary and file a claim. In most, the spouse of the deceased patient is the only person who can file a mesothelioma claim. In some states, the patient’s children can also file lawsuits. In rare instances, more distant relatives as well as anyone who has suffered financially due to the death can file a claim.
The statute of limitations also varies by state. The statute of limitations is a law that puts a time restraint on how long you have to file a mesothelioma lawsuit. After your loved one’s death, you have anywhere from one year to six years to file a wrongful death claim. In most states, the time limit is two or three years.
Our lawyers know exactly how long you have to file a claim and whether you’re an eligible beneficiary for wrongful death compensation.
At BCBH Law, we understand the hurt that comes with losing a family member to mesothelioma. One of our partners, Craig Bullock, lost his grandfather to asbestosis in the 1990s as a result of his service in the Navy during World War II and working for a Gulf Coast chemical facility. Then he lost his father to asbestos-caused lung cancer in 2015.
Craig and the other partners fight for the victims of asbestos exposure, and that includes the patient and their loved ones. If your father, brother, mother, or sister died due to mesothelioma, then fill out a free case evaluation and let us explain why this was truly a wrongful death — with an emphasis on wrongful.