You can bring a wrongful death claim over asbestos illnesses

On Behalf of | Jan 19, 2022 | mesothelioma

Asbestos-related illnesses, like mesothelioma, can be both aggressive and deadly. Although it may take some time before someone presents symptoms of lung cancer or mesothelioma after they worked with asbestos, those diseases may progress quite quickly after their diagnosis.

For many families, the primary focus will be on providing comfort for the person battling cancer and making the most of their remaining years after a diagnosis. It is common for people diagnosed with mesothelioma because of their employment to defer taking action, possibly stating that people didn’t know the risks of asbestos back then or that they don’t want to waste what time they have left.

Now that your loved one has died because of a disease they contracted due to their work responsibilities, you may wonder if your family has any options. The truth is that you could potentially pursue a wrongful death claim because of your loss.

Businesses have long put profits over worker safety

While strict regulations regarding asbestos use have only been around for a few decades, scientists, medical professionals and executives at big businesses using asbestos all knew that there was danger involved in handling this mineral substance.

Unfortunately, the people running the companies using asbestos may have chosen to ignore the risk or to only do the bare minimum as far as legal compliance for worker safety. These negligent practices exposed workers to a known carcinogen.

Family members can potentially file wrongful death lawsuits when someone dies because of asbestos exposure.

Bad safety practices could be negligent or wrongful

Typically, a wrongful death claim requires that surviving family members show another party caused their loss either through misconduct, also known as wrongful acts, or negligence. In Louisiana, the law only requires that the people bringing the case show that the other party is at fault for the death.

Improper training and inadequate safety measures could constitute negligence or criminal misconduct in situations where employers did not comply with safety regulations. If surviving dependent family members can show that the business contributed to their loved one’s death through misconduct or negligence, they may have grounds for a lawsuit.

Learning more about asbestos-related illnesses like mesothelioma can help you decide if you are in a position to take legal action.