Can I File an Asbestos Exposure Lawsuit for a Loved One Who Died?

At the Lanier Law Firm, frequently we are contacted by families of mesothelioma victims after their loved one has passed away, and the question is, do they have a claim? Is it possible to bring a lawsuit for the wrong that was inflicted on their family member? And the answer is yes. And those are called wrongful death claims. They’re also called a different type of cause of action that is filed simultaneously is the survival cause of action. So when a person is injured by the wrongful conduct of another and they pass away before the conclusion or even before a lawsuit is filed, that person’s cause of action survives his or her death. The estate of the person can bring a lawsuit on behalf of this deceased family member for that person’s survival claim. That type of cause of action involves the cause of action for the pain and suffering and mental anguish and medical bills, all the damages that the person who passed away suffered before his or her death. Separate from that is what we call wrongful death causes of action. It varies a little bit from state to state, but most states provide that the spouse, children, and the estate have causes of action as resulting from the death of a loved one. So yes, the answer is when a client asked me that, absolutely you have a cause of action, as long as it’s within the statute of limitations. So if a person passes away, it’s important that family members contact an attorney as soon as possible because as I stated, some states statute of limitations is one year. So I mean we know and respect the fact there’s a grieving process and we, we know that, but as soon as possible contact a lawyer about the potential cause of actions you have.