Consequences of asbestos exposure include illnesses like mesothelioma, asbestosis, and lung cancer, all of which can lead to death.  Click here for guidance on being safe around asbestos today.
If death occurs, loved ones left behind have a right to pursue legal action to recover damages associated with the loss, referred to as wrongful death. These claims follow statutes governed by the state, New York for instance, and require precise documentation and procedures.
Those closest to the deceased must have an established valid legal relationship with them to succeed in securing a fair and reasonable compensation, also demonstrate causation, and meet the filing requirements.
Esteemed law firms like Belluck Law in New York concentrate on asbestos litigation and provide expertise in managing posthumous claims, including suits filed against active defendants or through asbestos bankruptcy trusts.
With focused representation, loved ones can maneuver the legal process skillfully and efficiently.
What Constitutes a Wrongful Death Asbestos Case
In asbestos-related wrongful death actions in New York, the plaintiff – typically, a surviving spouse or child, or estate representative – pursues litigation against a business or businesses for their negligence in exposing workers to asbestos.
Legal claims assert that this exposure was a major contributing factor to the illness that ultimately led to the wrongful death. Â Damages sought usually include medical and funeral costs, financial loss, and loss of companionship.
The different jurisdictions have distinct statutes governing eligibility, timelines ranging from one to three years following the individual’s death and considering the type of recoverable damages.
The estate can be formally probated in some states before filing the claim, between one and three years following the death and based on the type of recoverable damages. Legal counsel is essential to determine applicable jurisdictional nuances and ensure procedural compliance through the processes.
Visit – 9 Common Mistakes That Delay Your Asbestos Claim – to learn common mistakes that can delay an asbestos claim. Consider the following options for loved ones pursuing wrongful death asbestos litigation against a business or businesses responsible for exposure to their employees.
Initiating the probate process
A legally recognized party must initiate a wrongful death claim; this would include an estate executor. In many states, probate court will appoint this representative, which grants authority for filing claims, negotiating settlements, and signing binding legal documents.
The claim may be unnecessarily delayed or ruled invalid if loved ones neglect to properly initiate probate proceedings. Many people hire an attorney to assist with the legal processes, including procedural formalities and prompt court filings.
A firm specializing in asbestos litigation ensures that the estate is established based on jurisdictional guidelines. The lawyer can further conduct negotiations and handle court proceedings on behalf of the estate.
Preserving evidence and medical documentation
Evidentiary requirements are stringent even following death.  Attorneys must collect employment records, product usage logs, union affiliations, pathology records, and often the individual’s initial diagnosis by a specialist. These records form the basis of a viable claim.
Businesses defending against lawsuits challenge the adequacy of evidence, particularly if significant time has passed. Attorneys battling for the victims must be prepared for a thorough investigation, including archived records and engaging expert witnesses to solidify causation.
Identify liable defendants and applicable trusts
In many cases, decades have passed since workers exposure to asbestos. The businesses responsible have merged, declared bankruptcy, or dissolved.
Depending on the circumstances, multiple entities could bear liability through active litigation or following a trust fund mechanism established through the bankruptcy process. Lawyers strive to identify all possible recovery sources to achieve full compensation.
A knowledgeable attorney will pursue recovery through every avenue by conducting thorough liability investigation and determining which trust funds apply; these skilled legal teams will likely need to coordinate among different jurisdictions.
Document loss/damages for compensation
Loss and damages must be accurately documented and substantiated for a successful outcome in asbestos litigation for wrongful death.
Recoverable losses typically include medical expenses and hospice care, funeral costs, lost wages – especially if the decreased was the head of the household, and loss of companionship. Each category must be legally substantiated, having financial records or witness affidavits to support the claim.
In some states a statutory limit is imposed on non-economic damages; others, however, allow broader recovery. A structed claim reflects the jurisdiction’s legal framework and the surviving family’s financial and emotional loss crafted by a skilled attorney.
Final Thought
Deciding to pursue asbestos litigation following the death of a loved one due to exposure involves navigation of a specialized and complex area of tort law.
Claims not only must meet legal standards for liability and causation but reflect the impact of the personal and financial loss. Each step of the process requires the precision and skill of an asbestos attorney.
By partnering with a law firm that has extensive knowledge and experience with asbestos cases, you can rest assured maximizing the potential for meaningful recovery.
Compensation doesn’t undo the loss of a loved one, but a successful claim can hold the liable parties accountable and provide financial relief. Families deserve the chance to move forward having achieved some level of justice.
