What Happens if Someone Passes Away Before an Asbestos Lawsuit Is Resolved?

If a person with mesothelioma passes away either before the lawsuit is filed or during the pendency of a lawsuit, then this lawsuit can continue or in the first instance a lawsuit can still be filed. What happens in those circumstances is the loved ones will file a probate action or we will help in that process of filing a probate action and get a personal representative appointed for the estate. So then in those circumstances, the cause of action that the deceased person had continues. It does not terminate with his death or her death. It continues. In addition to that, if a person passes away, then other family members also have what we refer to as wrongful death causes of action, that is the cause of action of their loved ones for the loss of their parent or sibling. So those are the two types of causes of action. The person who passed away, his cause of action for pain and suffering, mental anguish, all that he or she went through prior to death continues and any judgment or settlement funds are awarded to the estate of the deceased.