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What Is A Mesothelioma Wrongful Death Claim

Mesothelioma is an aggressive and deadly form of cancer that has no cure. Generally understood to be caused by long-term asbestos exposure, victims of mesothelioma have several ways to recover compensation from those who caused their asbestos exposure. However, there are times when victims die due to mesothelioma and their families are left wondering what options they have to recover compensation. At The Williams Law Firm, P.C., our qualified and experienced mesothelioma attorneys in New York have recovered millions of dollars on compensation for family members of those killed due to mesothelioma.

Understanding a Wrongful Death Claim

A wrongful death claim is a civil claim that surviving family members can take after they have lost a loved one due to mesothelioma. The phrase “wrongful death” is a legal term used to describe a death that would not have occurred if not for the negligence or carelessness of someone else. For mesothelioma cases, we know that these victims would not have died due to this illness if not for their long-term exposure to asbestos. Usually, this exposure happened at someone’s place of business.

Surviving family members are usually able to pursue legal action against the responsible parties. This can include:

  • the manufacturer of the asbestos material
  • manufacturers that incorporated asbestos materials in their finished products
  • a distributor of the asbestos material
  • contractors that worked with asbestos
  • owners of buildings where asbestos was present

Your mesothelioma attorney at The Williams Law Firm, P.C. will investigate all aspects of your case to determine where you were exposed to mesothelioma and who is liable for your loved one’s death. Your attorney will help you gather all of the records necessary to prove liability in the case, including medical records, employment records, home exposure records, and more.

What Types of Compensation Are Available for a Wrongful Death Claim?

Losing a loved one due to an aggressive form of cancer will leave family members grieving. This is not how anyone wants to lose their loved one. However, surviving family members are usually left with significant expenses in the aftermath of a death. Wrongful death claims are designed to help family members recover compensation for various damages, such as:

  • Any pre-death medical expenses caused by mesothelioma
  • Home care costs incurred before the death of your loved one
  • Funeral and burial expenses
  • Emotional and psychological distress
  • Lost wages and benefits the family member would have provided
  • Loss companionship and consortium

What Steps Need to Be Taken?

At The Williams Law Firm, P.C., a lawyer with extensive experience will discuss your options with you. There are various routes you and your attorney can explore to recover the compensation you are entitled to. This could include:

  • Filing a wrongful death lawsuit against those responsible
  • Working through an established bankruptcy (mesothelioma) trust
  • Seeking veterans benefits

You may not want to think about filing a wrongful death claim in the immediate aftermath of a loved one’s death. However, please understand that each state puts a time frame on filing these cases. Consult with an attorney as soon as possible to ensure you do not file a claim too late. When you need a mesothelioma wrongful death attorney, The Williams Law Firm, P.C. is ready to step in and help. You can contact us for a free consultation of your case by calling (855) 575-6376.

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