WRONGFUL DEATH

If you had a loved one who died from the effects of Mesothelioma, you may be able to file a claim for wrongful death.

A wrongful death claim can be brought as a result of a range of circumstances, including:

1. Death in a vehicle or as a result of an aircraft accident.

2. Medical malpractice which has resulted in death.

3. The victim’s fatal exposure to hazardous materials during the course of their employment – which is generally the category into which most Mesothelioma-based wrongful death claims fall.

Wrongful Death is a claim that is governed by jurisdictions that apply to common-law.

It permits action to be brought against a particular individual, organization and/or company that may be held directly liable for the untimely death of a specific person – such as someone whose death from Mesothelioma resulted from negligence in the work-place environment.

Generally, in the vast majority of all cases, the claim at issue is brought by family members and relatives of the deceased; the specific reason being that under current common-law rulings – and, of course, quite literally, too - a dead person is unable to file their own suit.

The level of proof that is usually demanded is a preponderance of the available evidence; rather than what might be considered absolute, definitive proof beyond any reasonable shadow of doubt.

There are, however, certain, specific criteria that have to be met if family members of the deceased person are to proceed with the filing of a wrongful death claim.

1. The defendant must be held responsible – whether wholly or in part – for the death of the individual who is the subject of the claim in question. That the death of this particular person may not have been the actual intention or goal of the defendant does not affect either the ability or the right of surviving, family members to file a claim at all.

2. Negligence and/or liability on the defendant’s part must be deemed to have been demonstrated convincingly.

3. The deceased person that is the specific topic of any such claim must be shown to have still-surviving – and, very importantly, still-dependent - family members whose lives have been seriously affected in an adverse fashion by the death of their loved one(s). This has to include financial suffering, and it may include emotional suffering, too.

With respect to the issue of which particular surviving family members are considered eligible to file such a claim, it is typically the immediate family of the deceased – which includes the spouse, the child or children, and/or still-living parents.

If the particular claim is being brought by a person who is at the time under the age of 18, then it is permissible for he or she to secure the use of a guardian ad litem to represent them throughout the period of the claim for wrongful death.

It is very important to be fully aware of the fact that a strict statute of limitations applies when it comes to the matter of filing a claim for wrongful death.

Presently, every state within the United States of America has its own particular rules and regulations pertaining to statute of limitations issues, and which may vary to certain degrees.

However, the generally accepted time-period during which a wrongful death claim may be filed ranges from 1 to 3 years after the person in question has passed away.

It is also very important to note that anyone considering filing a wrongful death claim should be fully aware of the fact that the overwhelming majority of all U.S. states employ the use of what are termed “Life-Expectancy Tables.”

In wrongful death claims, such tables assist in determining (a) for approximately how many more years the deceased would have likely lived, worked, and generated benefits from pensions by retirement age; and (b) what an applicable and relevant payment-figure for those filing a wrongful death claim might be based upon the above estimations.

Financial suffering to surviving members can be significant. Claims for financial compensation can include (but are certainly not limited to) the following:

1. Outgoing costs that may have resulted from medical treatment that was provided to the deceased before he or she passed away.

2. The costs associated with the funeral of the deceased.

3. The total loss of all potential future-earnings on the part of the deceased individual; and upon which the surviving family members may be considered financially dependent – either wholly or in part.

4. The possible loss of the family’s ability to continue to pay for its medical-insurance and coverage - either wholly or in part.