Asbestos
can remain in the body, seemingly dormant, for a long period of time. As a
result, it may be very near the end of the victim’s life before it is clear
that exposure to asbestos caused a
life-threatening disease. This raises an important question for victims and the
families of victims: if the victim predeceases a lawsuit for being exposed to
asbestos, what recourse does the victim’s family have?
Wrongful Death Claim
A
claim of wrongful death alleges that the death would not have occurred were it
not for the negligent actions of the defendant. In mesothelioma or
asbestos-related claims, the defendant is often the company the victim worked
for. It is important to note that it is irrelevant that the exposure may have
been unintentional. Another consideration, particularly because of the long
period in which asbestos-related injury may not appear, is the statute of
limitations. It is critical to determine if the statute starts from the time of
the misconduct or from the date of the discovery of the disease. The statute of
limitations varies from state to state.
In
a wrongful death claim, a representative will file suit on behalf of the
victim’s survivors, who are called the “real parties in interest.” The
representative is typically the executor of the estate. In all states,
immediate family members, such as spouses and children, are considered the real
parties in interest. Other individuals, such as more distant relatives or
domestic partners, may also be considered the real parties in interest, but
this varies by state.
Types of Damages
There
are generally three types of damages that may be recovered in wrongful death
cases: economic, non-economic, and punitive. Economic damages can be thought of
as the tangible or actual financial costs suffered by a victim and his or her
survivors. These may include such items as the victim’s lost expected future
earnings or the medical and funeral expenses.
Non-economic
damages can be more difficult to determine, but may have higher value than
economic damages. These often include the mental anguish or pain and suffering
of survivors. Punitive damages exist as a way to punish the defendant for bad
conduct. However, in many states punitive damages are not available in wrongful
death claims.
The
process for determining the damage amount can be very complex. It is common for
expert witnesses with backgrounds in economics, finance, or actuarial science
to be used. These experts will testify as to what they believe the value of the
damages should be.
Mesothelioma and
Asbestos Attorneys
If
you believe a loved one died as a result of exposure to asbestos, it may still
be possible for you to be compensated for your loss. However, it is important
for you to speak to an attorney as soon as possible. The attorneys at the Throneberry Law Group have the experience and compassion
necessary to help you through this difficult time. Contact
us
today with any questions you may have regarding any asbestos-related injuries.
