Anyone who has been diagnosed with an illness related to asbestos exposure may bring a lawsuit against the party responsible for his or her exposure to asbestos but state laws vary on who may file a suit on behalf of a deceased family member. It may be more difficult to file a lawsuit in some states if the party responsible is a member of the deceased’s extended family. A qualified mesothelioma lawyer can inform you or your family about the law as well as give advice on who is most suited to file the lawsuit.
Lawsuits Filed by the Victim
If you have been diagnosed with any disease that results from the inhalation of asbestos and your employer failed to provide you with a safe work environment, you may seek compensation by filing an injury lawsuit. It may be taxing to handle legal matters while you are undergoing treatment for your disease, but it is best to begin building your case soon after being diagnosed with an illness that is related to asbestos exposure. Each state has different laws regarding the amount of time that you have to file a lawsuit before the statute of limitations expires.
The Spouse of the Deceased
The majority of wrongful death lawsuits are filed by the spouse of the victim if the victim is survived by a husband or a wife. A spouse of a mesothelioma victim has the right to pursue damages for medical care, the loss of income and the pain and suffering the victim experienced before passing away. If the victim’s employer knew of the danger and knowingly endangered workers, the victim’s spouse may also seek punitive damages.
Children of the Deceased
If the victim is not survived by a spouse, his or her children may file a lawsuit in order to be compensated for all damages that were incurred as a result of the victim’s illness. If the children are minors, they may need a legal guardian to represent their interests in the lawsuit. Laws vary in each state, so it is best to consult a qualified injury attorney to find out whether or not a guardian is required.
Extended Family Members
In some instances brothers, sisters or in-laws may file a lawsuit on behalf of the deceased but the ability of extended family members to file a lawsuit varies by state. If the responsible party for the victim’s illness is a member of his or her extended family, the victim’s family may or may not be allowed to file a lawsuit. In order to find out whether your state allows lawsuits of this nature, it is best to consult a mesothelioma attorney who is knowledgeable on the laws of your state.
Sorting Out Heirship & Legal Rights in a Mesothelioma Lawsuit
We are a firm of experienced and reputable attorneys who can assist you in your time of need by answering your questions and preparing your case. If you or a loved one has developed an illness due to asbestos inhalation over a long period of time, you are entitled to bring a lawsuit against one or more parties who are responsible for your illness or loss. Schedule your free consultation with one of our lawyers today and we can begin to work for you without delay so that you receive the compensation that your case is worth and not a penny less.