A mesothelioma wrongful death lawsuit involves a legal action taken on behalf of an individual who died as a result of malignant mesothelioma. Mesothelioma cases can become incredibly complicated, particularly when it comes to proving the liability of one or more companies that exposed the deceased to asbestos. Here, we want to discuss who can file a mesothelioma claim, the challenges of these wrongful death actions, and where you can turn for help.
Who Can File a Wrongful Death Claim?
The process of filing a mesothelioma wrongful death claim can be complex. If a person passes away due to an asbestos-related illness, the legal decisions about what happens next usually fall to the estate representative. Often, this is a family member, but the representative can also be another person named in the state plan or last will and testament. Some of the most common examples of estate representatives include the following:
- Children parents
- Close friends
- Other persons financially dependent on the deceased
Challenges of Mesothelioma Wrongful Death Claims
There are various challenges that loved ones or an estate representative will face when filing a mesothelioma wrongful death claim. When a loved one passes away, they are no longer able to help with the following:
- Proving their work history and how that related to asbestos exposure
- Tracking down witnesses, such as former coworkers
- Compiling their medical records, work records, and other documents
Unfortunately, the deceased person will not be able to provide testimony under oath about the pain and suffering they endured due to their mesothelioma diagnosis.
Additionally, representatives of the deceased person’s estate need to be aware that the West Virginia wrongful death statute of limitations is two years from the date of death. This gives the personal representative only a two-year window in which to file a claim against the alleged negligent party in order to recover compensation.
Can Personal Injury Claims Become Wrongful Death Claims?
It is not uncommon for a mesothelioma victim to file a personal injury lawsuit in order to recover compensation for their losses. However, if the plaintiff in a mesothelioma case passes away before their claim is resolved, the claim can convert into a wrongful death lawsuit. In these cases, the claims made by the deceased will become part of the estate, and the personal representative of the estate will become the plaintiff in the case.
Contact a West Virginia Mesothelioma Attorney
If you have lost a loved one in West Virginia due to mesothelioma, you should seek assistance from an attorney as soon as possible. At Tiano O’Dell, we have extensive experience handling mesothelioma injury and wrongful death claims throughout West Virginia. We understand what it takes to investigate these cases and prove the liability of the companies involved. We will not back down until we obtain the justice and compensation you deserve. Contact our West Virginia mesothelioma lawyers today to discuss your case.