Your loved one is too sick to fight for his rights. Or, even more unfortunate, he has passed away. Can you still seek the justice that he should have gotten and get the company at fault to pay for their gross negligence?
Absolutely! The law in most states across the country allows you, as the spouse or other family member, to pursue legal action. This is considered a wrongful death case. You should pursue one as soon as possible, since there is a time limit on when you can file a suit. If you don’t do it within the allotted time, you may never get the justice your loved one missed receiving.
Suing after my loved one has passed away
Just like you, we too have experienced the devastation of losing a loved one too early on in life. It is a tragedy that has a tremendous emotional impact, leaving you feeling hearbroken and overcome with grief. Something has stolen the most important person in your life away from you: the company that your loved one worked for.
Why did this happen? Your loved one worked to provide you and your family with a home,and all he got in return was a debilitating disease that ended in an untimely death. You are angry and frustrated because nobody is giving you the answers you’re looking for.
Wrongful death claim
You can file a wrongful death claim, based on the negligent or intentional harm caused by your loved one’s company. In some states, a family member or financial dependent may also file a claim. The legal process tends to be easier if you have an idea of where your loved one was exposed to asbestos.
A wrongful death claim can compensate you for loss of income, medical costs, emotional suffering, loss of companionship and funeral costs. The amount awarded can be in the thousands or millions of dollars. However, you have to take legal action within the time frame outlined in your state’s statues of limitations. The time frame ranges from one to three years from the date of death. In Texas, it is two years.
What happens if my loved one passes away before getting a verdict or settlement?
Mesothelioma is associated with a short life expectancy. It is not uncommon for victims to pass away before a settlement is reached, or even well before the case goes to trial. If this happens to your loved one, their claim can still be pursued.
Don’t give up on it! The claim is considered as a piece of property of your loved one, and their will dictates ownership of it. If you have been named in their will, then you can continue pursuing the lawsuit on behalf of your loved one.
Alternatively, in some states the claim may become a wrongful death case, instead, which still allows you to pursue legal action as the surviving spouse.
