The death of a loved one is always a challenging and emotional experience. When that death is due to asbestos-related diseases like mesothelioma, asbestosis, or lung cancer, the burden becomes even heavier. These illnesses often result from long-term exposure to asbestos, a toxic mineral widely used in industries like construction, shipbuilding, and manufacturing.
If your loved one passed away due to an asbestos-related illness, you may be eligible to file an asbestos claim to seek compensation.
Understanding Asbestos-Related Illnesses and Claims
Asbestos exposure has been linked to several severe illnesses, including mesothelioma, lung cancer, and asbestosis. These conditions may take years, even decades, to manifest after the initial exposure. For many, diagnosis comes too late, and treatment options are limited.
After the death of a loved one due to an asbestos-related disease, families can file a wrongful death claim. This type of legal action aims to secure compensation for medical bills, lost wages, funeral expenses, and the emotional pain experienced by the surviving family members.
Steps to Filing an Asbestos Wrongful Death Claim
Understand Eligibility
Typically, close family members – such as spouses, children, or financial dependents – are eligible to file an asbestos wrongful death claim. However, the specific eligibility criteria can vary depending on the state or country in which the claim is filed.
In some jurisdictions, the executor of the deceased’s estate may file the claim. Consulting a lawyer specialized in asbestos litigation will help clarify who can file the claim in your specific situation.
Consult an Experienced Asbestos Attorney
Asbestos-related claims are complex and require specialized knowledge. An attorney who has experience in handling asbestos cases will be able to:
- Gather the necessary evidence
- Identify potential defendants (such as former employers or asbestos product manufacturers)
- Estimate potential compensation based on the specifics of the case
- Guide you through the legal proceedings
Working with an experienced asbestos lawyer increases the chances of receiving fair compensation.
Gather Evidence
To build a strong case, you’ll need to collect key pieces of evidence, including:
- Medical Records: Documents that detail the diagnosis, treatments, and the cause of death.
- Employment History: Proof that the deceased worked in environments where asbestos exposure was likely.
- Witness Statements: Testimonies from coworkers or individuals who can confirm the exposure to asbestos.
- Product Identification: Information on asbestos-containing products the deceased may have come into contact with.
The sooner you start collecting this evidence, the better. Some documents, such as employment records, may be harder to obtain over time.
Determine the Type of Claim
There are two main types of claims that may be pursued:
- Wrongful Death Claims: These are filed by the family members or the estate of the deceased individual and seek compensation for the loss caused by their death.
- Survival Claims: If your loved one had initiated an asbestos-related personal injury lawsuit before their death, a survival claim allows the estate to continue that lawsuit on their behalf.
Your attorney will help you decide which option is best, depending on your circumstances.
Filing the Claim
After gathering evidence and determining the type of claim, your attorney will file the wrongful death claim with the appropriate court. Keep in mind that there is a statute of limitations, which refers to the time limit for filing such claims. This can vary from state to state, but it’s typically between 1 to 3 years from the date of death or diagnosis. Missing this deadline could prevent you from obtaining compensation.
Negotiation and Settlement
Once the claim is filed, the defendants may either accept responsibility or contest the claim. Most asbestos-related lawsuits are settled out of court through negotiations. If a settlement is reached, the case is resolved without going to trial.
However, if the defendants refuse to settle, the case may go to trial, where a judge or jury will determine whether compensation is warranted.
Potential Compensation
Successful asbestos wrongful death claims can provide compensation to help cover:
- Medical Costs: Including treatments, medications, and palliative care expenses.
- Lost Wages: Income your loved one would have earned had they not passed away.
- Funeral and Burial Costs: Expenses associated with the funeral service and burial.
- Pain and Suffering: Compensation for the emotional distress and grief caused by the death of your loved one.
- Loss of Companionship: Compensation for the loss of the relationship with your loved one.
The compensation amount will depend on the strength of the evidence, the circumstances of the case, and the responsible parties’ willingness to settle.
Where Might the Compensation Come From?
In an asbestos wrongful death claim, the compensation you receive can come from a variety of sources. These sources are designed to help cover medical bills, lost wages, funeral costs, and emotional suffering after the loss of a loved one due to asbestos exposure.
Asbestos Trust Funds
Many companies that manufactured, sold, or used asbestos-containing products have faced numerous lawsuits over the years. In response to mounting legal claims and potential bankruptcy, several of these companies established asbestos trust funds to compensate individuals (or their families) who suffered from asbestos-related illnesses.
What Are Asbestos Trusts?
Asbestos trust funds are financial reserves set up by bankrupt companies that were responsible for exposing individuals to asbestos. When these companies filed for bankruptcy under Chapter 11, they were required to set aside a portion of their assets in trust funds to ensure that future claimants, including individuals who were exposed to asbestos years after the company’s operations, could still seek compensation.
These trusts are managed independently of the company, and they provide a way for victims of asbestos exposure to receive compensation even after the responsible companies have ceased operations or declared bankruptcy.
How Do Asbestos Trusts Work?
When an asbestos-related illness, such as mesothelioma, is diagnosed, the victim or their family can file a claim with one or more asbestos trusts, depending on the companies involved in the exposure. Trusts typically follow these steps:
- Filing the Claim: You or your attorney will submit a claim to the trust fund, providing documentation that includes evidence of your loved one’s illness, proof of exposure to the company’s asbestos-containing products, and other supporting documents.
- Review Process: The trust administrators review the claim to ensure that it meets their specific criteria for compensation. Each trust may have its own set of guidelines regarding proof of exposure and eligibility.
- Payment Offer: If the trust approves the claim, they will offer compensation based on the severity of the illness and the strength of the evidence provided. Trusts typically have a payout percentage, meaning they offer a portion of the full value of the claim to ensure that funds remain available for future claimants. For example, if a trust’s payout percentage is 25%, and the claim’s total value is determined to be $100,000, the claimant would receive $25,000.
- Claimant Decision: Once the trust makes an offer, you can choose to accept or negotiate the compensation amount. If you accept the offer, the payment will be issued.
Personal Injury or Wrongful Death Lawsuits
In addition to filing claims with asbestos trust funds, you may be able to file a personal injury or wrongful death lawsuit against companies that are still operational or solvent. These companies may include manufacturers of asbestos-containing products, contractors who used asbestos in construction, or employers who knowingly exposed workers to asbestos without providing adequate protection.
If successful, these lawsuits can result in significant compensation, including damages for medical bills, lost wages, funeral expenses, and emotional suffering. The compensation in lawsuits can come from:
- Company Assets: If the defendant company is still operational, any compensation awarded through a lawsuit will come directly from their assets or insurance policies.
- Settlements: Many asbestos lawsuits are settled before going to trial, meaning the company agrees to pay a specified amount in exchange for dropping the case. Settlement offers may be made during or after negotiation, and if accepted, the compensation can be paid out relatively quickly.
- Jury Awards: If the case goes to trial, a jury may decide the amount of compensation, which could potentially be higher than a settlement offer, especially if there is clear evidence of the company’s negligence.
Veterans Benefits
If your loved one was exposed to asbestos during military service, particularly in the Navy where asbestos was commonly used in ships, you may be eligible to file a claim for veterans benefits. The Department of Veterans Affairs (VA) provides compensation to veterans who were exposed to asbestos while serving and later developed illnesses such as mesothelioma or lung cancer.
Veterans and their families may be eligible for the following:
- Disability Compensation: Veterans who were exposed to asbestos during their service and developed an asbestos-related illness may qualify for monthly disability compensation. The amount depends on the severity of the illness and the veteran’s service record.
- Dependency and Indemnity Compensation (DIC): If a veteran dies as a result of an asbestos-related disease, their surviving spouse or dependents may be eligible for DIC benefits, which provide monthly payments to help cover living expenses.
Workers’ Compensation
In some cases, family members may be able to pursue workers’ compensation claims if the asbestos exposure occurred in the workplace. Workers’ compensation benefits are often limited to medical expenses and lost wages, and they usually do not provide compensation for pain and suffering or wrongful death damages. Additionally, workers’ compensation claims may be subject to caps, limiting the total amount you can recover.
Why You Should File an Asbestos Claim
Filing a claim is not only about financial compensation. It is also about seeking justice for your loved one and holding companies accountable for the harm caused by their negligence. By taking legal action, you help raise awareness about the dangers of asbestos and may prevent future harm to others.
Need an Attorney?
Losing a loved one to an asbestos-related illness is devastating. While nothing can bring them back, filing a wrongful death claim can provide some financial relief and a sense of justice. This process can be complex, but with the guidance of an experienced asbestos attorney, you can successfully navigate the legal system and seek the compensation your family deserves.
If you believe your loved one’s death was caused by asbestos exposure, don’t hesitate to reach out to Bailey Glasser at (866) 871-7971 or fill out our online form for a free consultation. Time limits for filing claims vary by state, so it’s essential to act quickly to preserve your right to seek justice.
