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How to File an Asbestos Claim After the Death of a Loved One

Legally Reviewed by Joseph P. Williams on August 30, 2023

Losing a loved one is never easy. When a death is caused by asbestos-related illnesses, the aftermath can become even more challenging. Although asbestos was once hailed as a miracle substance, it has now been linked to substantial health risks. Deadly diseases, including mesothelioma, lung cancer, and asbestosis, have all been linked to asbestos exposure. If a member of your family lost their life to an asbestos-related disease, understanding your legal rights and options is essential to pursuing justice on their behalf. 

At The Williams Law Firm, P.C., we are committed to helping those who lost a loved one to mesothelioma or other asbestos-related diseases secure the compensation they deserve. We can take the stress of the legal process off your shoulders as you focus on your family. Our experienced attorney, Joe P. Williams, has over 30 years of experience securing the best possible outcomes for his clients and has never lost a case. When you partner with our firm, you can trust your case is in experienced and dependable hands. 

Steps for Filing an Asbestos Claim After Your Loved One’s Passing

The first step for filing an asbestos claim after losing a loved one is contacting an experienced attorney. An attorney will understand how to navigate the complex legal process as well as what elements are required to build a strong case. At The Williams Law Firm, P.C., we offer free, no-obligation case reviews so that we can get to know you and help you understand your rights and legal options. If you retain our services, we will handle every aspect of the claims process, including the steps below:

  • Gathering and organizing evidence such as documents, photos, and witness testimonies
  • Determining which type of claim fits your unique needs
  • Drawing up the appropriate legal documents
  • Notifying the defendants in writing about the case
  • Filing all necessary documents with the court correctly and on time

After your claim is filed, your attorney will continue supporting you throughout the legal process. We are deeply familiar with what it takes to secure favorable outcomes and will fight aggressively for justice for your loved one’s passing. 

Who Can File an Asbestos Wrongful Death Claim in New York?

In New York, only specific individuals have the right to file a wrongful death lawsuit after losing a loved one to mesothelioma. While every case is unique, the right to file a claim is typically limited to the following parties:

  • The spouse of the deceased
  • The children of the deceased
  • The parents of the deceased if the victim was unmarried
  • The representative of the deceased’s estate

While pursuing compensation may be the last thing on your mind as you mourn your family member, acting quickly to seek justice is essential. In New York, the statute of limitations for filing wrongful death claims is only two years from the date of your loved one’s passing. Your attorney can work quickly to investigate your claim and ensure you comply with this critical time limit. 

Discuss Your Case with a Dedicated Asbestos and Mesothelioma Attorney at The Williams Law Firm, P.C.

If you lost someone you love to mesothelioma or another asbestos-related illness, you deserve compensation for the harm your family has endured. Our talented attorney at The Williams Law Firm, P.C., is here to fight for you. Our attorney, Joe P. Williams, has a proven track record of success and will take a personal and compassionate approach to your case. He has won every case and will work hard to get you the justice you deserve. We are dedicated to helping you during this challenging time and will be by your side throughout the legal process. 

To schedule a free consultation with our renowned attorney, call us today at (855) 575-6376 or complete our contact form.

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