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Arizona Mesothelioma Lawyer Blog

Filing a Wrongful Death Claim in 2024

Posted by Michael Throneberry | Apr 22, 2024

Mesothelioma, an aggressive form of cancer caused by asbestos exposure, continues to be a concern in the United States of America. Every year, around 3,000 people are diagnosed with mesothelioma in the United States of America. Unfortunately, often, mesothelioma is diagnosed when it has progressed to an advanced stage. This is due to its long latency period. It can take up to 60 or more years for symptoms of mesothelioma to manifest after asbestos exposure. Sadly, the prognosis of mesothelioma, when detected late, is usually poor. Some people lose their lives, leaving behind loved ones with financial burdens and emotional turmoil. When someone dies of mesothelioma, surviving loved ones may have legal options for pursuing justice and compensation. Surviving loved ones may be eligible to recover compensation through a wrongful death claim.

What is a Mesothelioma Wrongful Death Claim?

A mesothelioma wrongful death claim is a legal case filed after someone dies from mesothelioma if another party's negligence caused the mesothelioma. Mesothelioma wrongful death claims may be filed against employers, manufacturers of asbestos-containing products, property managers, and other responsible parties. Many individuals and companies knew of the dangers of asbestos but hid this information from the public for profit. Surviving loved ones may be able to fight such injustice by filing a mesothelioma wrongful death claim. 

Who Can File a Mesothelioma Wrongful Death Claim?

After a person dies of mesothelioma, who is eligible to file a wrongful death claim depends on the specific laws governing wrongful death claims in the jurisdiction. However, generally, wrongful death claims can be filed by;

      immediate family members, such as spouses, children, parents, and grandparents.

      estate executors or administrators

Estate executors or administrators file wrongful death claims on behalf of the deceased individual's estate and the surviving loved ones.

To understand who is eligible to file a wrongful death claim, it is best to speak with a qualified mesothelioma attorney.

What is the Average Settlement Amount for Mesothelioma Wrongful Death Claims?

There is no average settlement amount for mesothelioma wrongful death claims. The value of a mesothelioma wrongful death claim is dependent on the specific factors surrounding the case. These factors include;

      The extent of damages

      The defendant's insurance coverage and resources

      The laws governing wrongful death claims

The quality of legal representation can also influence the outcome of a mesothelioma wrongful death claim. Working with an experienced attorney increases the chances of recovering the maximum possible compensation.

Deadline for Filing a Wrongful Death Claim

Because of statutes of limitations, people have limited time to file mesothelioma wrongful death claims. The exact statute of limitations for filing a mesothelioma wrongful death claim is dependent on the state where the claim is to be filed. However, often, the deadline is between one and three years after the death of the mesothelioma patient.

How to File a Mesothelioma Wrongful Death Claim

To file a wrongful death claim, consult with a qualified attorney. An attorney can help gather evidence of asbestos exposure and other necessary evidence, identify liable parties, calculate damages, file the claim within the statute of limitations, and negotiate with defendants.

Arizona Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and to help you and your family live a more comfortable life.

 

 

 

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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