Losing a loved one is never a simple, straightforward, or easy moment in anyone’s life – but things are further complicated when you lose a loved one due to a deadly and insidious disease like mesothelioma, a form of cancer caused by exposure to asbestos.
Worse still is the fact that you will always know that your loved one didn’t have to pass away because of this cancer to begin with. Asbestos exposure is the main known cause of mesothelioma, and if they hadn’t been exposed to asbestos they wouldn’t have had to fight against this disease as hard as they no doubt did.
If you have lost someone that you loved to this horrible disease, it is of the utmost importance that you actively pursue a mesothelioma lawsuit after death. You have to make sure that you are compensated for this terrible, terrible tragedy but you also have to (more importantly) make sure that the people responsible for the death of your loved one are brought to justice and aren’t able to hurt other people or other families in the future.
Obviously, you’ll need to work with the best mesothelioma law firm you can find to help you navigate the often confusing and challenging ins and outs of a mesothelioma lawsuit after death situation. But armed with the information below you shouldn’t find this process to be quite as challenging as it could have been otherwise.
Related: Mesothelioma Trust Funds | Asbestos Cancer Compensation
Understand Your Rights from a Legal Standpoint
Legal precedent has shown time and time again that asbestos and mesothelioma legal claims are not limited to just the people that have been exposed to asbestos, have been diagnosed with mesothelioma, or have passed away from this condition.
No, the family and loved ones of those that have passed away due to exposure of asbestos also have rights that they can leverage in our justice system – stepping in as the plaintiff of a lawsuit if their loved one passed away in pursuing justice and compensation.
At the same time, it’s important to recognize that your rights from a legal standpoint in these situations are somewhat limited compared to the rights of those that have actually been exposed to asbestos or diagnosed with mesothelioma. You have to move very, very quickly – with the help of a professional legal expert – to assert your rights, to bring suit against those responsible for the situation, and to seek justice.
Related: Average Payout for Asbestos Claim
Understand the Challenges You May Face When Pursuing Mesothelioma Lawsuit After Death Situations
On top of asserting your rights in the legal system, you’re also going to need to understand and really embrace that you are in a bit of an uphill battle when it comes to winning a mesothelioma lawsuit after death.
Because the person actually diagnosed in dealing with mesothelioma has passed away, a history of asbestos exposure can be more challenging to prove. The exposed party can no longer provide testimony in court (or through an affidavit or deposition) and any evidence that they may have been able to remember after the lawsuit has begun may be lost forever.
This is why it is so important to get started with a mesothelioma lawsuit after death just as soon as humanly possible, and to make sure that you have your documentation, your medical history, and any witnesses you are able to bring to bear in line before the individual fighting mesothelioma actually passes away.
The very best legal experts in these particular situations will be able to give you a fighting chance regardless of your situation. However, the more evidence and the more details you are able to bring into this mesothelioma lawsuit after death the better your chances of making sure justice is done become.
Related: Mesothelioma Class Action Lawsuit
