The death of a loved one takes a tremendous toll on those left behind, and it can do so in ways that are not immediately evident. This can be especially true when a death occurs unexpectedly or after a brief, aggressive battle with a severe illness like mesothelioma.
In this situation, you should know a few details about filing a wrongful death lawsuit.
Proving negligence
A wrongful death occurs due to the wrongdoing or negligence of another party. In the context of a claim involving someone with mesothelioma, the parties who may be liable for losses might include:
- A former employer who failed to comply with safety regulations
- Manufacturers or distributors of hazardous products that contained asbestos
- Property owners who failed to remove or cover asbestos
One or several parties may have played a role in someone’s harmful exposure to asbestos that led to mesothelioma.
You can work with an attorney to trace when and where your loved one might have been exposed to asbestos to identify all liable parties.
Accounting for damages
The toll that a mesothelioma diagnosis and death can take on victims and their families can be incredible. Should you file a wrongful death lawsuit, you should understand what these damages might include.
Depending on the details of your case, you could seek financial relief for damages such as:
- Medical bills
- Funeral expenses
- Lost income
- Loss of guidance and consortium
- Pain and suffering
Some of these damages are obvious – you might be getting bills in the mail or holding on to receipts that prove the financial toll of your loved one’s illness and death.
Other damages can be more challenging to calculate, such as the emotional distress you may be experiencing. However, even though these damages are not as overt, they can still be just as devastating.
Acting quickly
After a loved one dies, the last thing on your mind might be a lawsuit. But for better or worse, there is a clock ticking on your legal options. These statutes of limitations vary by state. In Illinois, for instance, parties have two years after someone’s death to file a wrongful death claim.
Taking legal action can seem overwhelming during a difficult time. However, the remedies available through a wrongful death lawsuit can make it a little easier to navigate the recovery process and cope with a devastating loss.