What’s Entailed in Asbestos Wrongful Death Cases

Posted on Friday, February 5th, 2021 at 2:21 am    

The death of a person due to an asbestos-related disease can lead to compensation through a wrongful death lawsuit. This article will discuss what is entailed in making a wrongful death case.

As noted in previous articles specific persons have the right to bring about a wrongful death case. However, this depends on the state wrongful death is filed. Generally, the following persons may bring a wrongful death case:

  • Surviving spouses
  • Children
  • Unrelated dependents, such as minor stepchildren
  • Registered domestic partners
  • Parents, siblings, nieces and nephews

It is important to realize that a wrongful death lawsuit can lead to a lot of family tensions and conflict. Such conflict may arise due to various reasons, such as taking the matter to trial or settling it, etc.

What’s Entailed? – Burden of Proof

When it comes to proving a wrongful death case the burden of proof lies with the plaintiff. Unlike other personal injury cases, wrongful death lawsuits are difficult to prove with regards to evidence. This is because most of the knowledge of exposure has died with the injured person. Family members who did not work with the deceased may be unable to describe how the exposure happened. Further, even though a family member may have knowledge they may have forgotten certain portions of the work history.

It is because of this that other witnesses such as co-workers and written evidence are needed. Written evidence may include work diaries or union dispatch slips. A lot of money will be spent by the attorney interviewing people, gathering records and investigating the asbestos exposure. By investigating the exposure, the attorney is able to determine who are the defendants in the case.

Depending on the circumstances some or all of the heirs may be asked to provide depositions or trial testimony.

For legal advice and representation contact the Vinson Law Office today.



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