Asbestos Wrongful Death Claims

Asbestos Wrongful Death Claims

When an individual dies as a result of an asbestos related disease that person’s heirs may be eligible for compensation . This article will discuss filing a wrongful death asbestos related claim and making a wrongful death case.

In most personal injury lawsuits the person bringing the case has personally suffered loss because of someone else’s negligence. However, when it comes to a wrongful death lawsuit the person bringing the case is a  family member who has suffered loss because of the death.

A wrongful death claims can be filed generally by the following people:

• Surviving spouses
• Children
• Unrelated dependents
• Registered domestic partners
• Parents, siblings, nieces and nephews

The Lawsuit

It must be noted that there is usually a claim made on behalf of the deceased person’s estate. An asbestos wrongful death lawsuit can be very difficult regarding evidence. This is because much of the knowledge of exposure died with the injured person. In addition, family members who did not work with the deceased may not be able to describe how the exposure happened or even what asbestos containing product was involved. Because of the timeframe in between, even family members with knowledge may have forgotten important portions of the work history. As a result, witnesses such as coworkers and written evidence like a work diary or union dispatch slips are very important.

In order to come up with this important information your attorney is likely going to spend money on interviewing people, gathering records from worksites and employers and otherwise investigating the exposure in order to determine potential defendants. If specific defendants cannot be identified the case may be limited to claims against the now bankrupt suppliers of asbestos fibers and manufacturing of widely used asbestos containing products.

For a free case evaluation contact the Vinson Law Office today.