When someone dies because of an asbestos-related disease his or her heirs may be able to get compensation. Compensation can be received for a number of different losses that are related to the person’s death. Such compensation can be received by filing a wrongful-death lawsuit. This article will discuss asbestos-related deaths and wrongful death lawsuits.
Filing Asbestos-Related Lawsuits
In a wrongful death lawsuit, the one filing the claim is often a family member who have suffered loss. Depending on the state where the case if filed there are specific people that can file a wrongful death case. Generally, these people include the following:
- Surviving spouses
- Unrelated dependents, such as minor step children
- Registered domestic partners
- Parents, siblings, nieces and nephews
When it comes to stepchildren who are not dependent but adults, in most cases they cannot file the claim. This stands no matter how close the stepchild was to the deceased person. However, biological children who were not adopted by someone else are usually eligible. This includes even children who were estranged to the deceased. If the deceased person had cut their child out of their will, those children are still eligible to file a claim.
In many cases wrongful death claims are made in behalf of the deceased’s estate. As a result, it does not matter whether the deceased had or did not have a will. At times, a probate court may appoint a personal representative who may not necessarily be an heir of the deceased. However, this person can bring the wrongful-death claim in behalf of all the heirs. The choice to bring about a wrongful death lawsuit is reserved to those who are eligible to do so. There is no obligation to participate and at times some will waive their rights to do so.
For more information on asbestos-related wrongful death lawsuits contact the Vinson Law Office.