Can Someone File a Mesothelioma Claim After a Loved One Has Passed Away?
Yes. It’s an unfortunate fact that loved ones sometimes pass away before those responsible for their condition can be held accountable. Should that happen, you and your family have the right to seek justice on your loved one’s behalf.
If My Loved One Has Passed Away, What Type of Mesothelioma Claim Should I File?
Mesothelioma cases fall under the umbrella of personal injury law. When someone has a personal injury case, there are two types of claims they can file. A wrongful death claim is filed when the victim dies through the negligence of another party. This party is who you’ll be filing your claim against.
Who Can File a Wrongful Death Mesothelioma Claim?
Every state in the U.S. allows members of a victim’s immediate family to file wrongful death claims, but what about others who were related to the victim?
Life partners: Some states allow life partners – a member of a civil union or domestic partnership – to file a wrongful death claim on behalf of a loved one.
Financial dependents: In some cases, a state will allow an individual who wasn’t related to the victim to file a wrongful death claim if they can prove that the victim’s death impacted them financially.
Extended family: Members of a victim’s extended family are sometimes allowed to file wrongful death claims if the victim has no immediate family.
Claims filed by multiple family members: There are instances in which several family members will have grounds to file a wrongful death claim. However, it’s usually the case that a court will allow only one claim to be brought forward on behalf of a victim. In these instances, multiple claims may be consolidated into one.
You may have other questions about who can file a mesothelioma wrongful death claim. Can adult children file a claim on behalf of a deceased parent? What happens if the victim had a will? What the law says about these cases can vary from state to state. An experienced mesothelioma lawyer will be able to answer your questions and help make sure that your claim is filed correctly.