If you lost a relative from asbestos-related complications, you may want to file a wrongful death lawsuit. However, it is important to note that the legal framework and procedures for filing a wrongful death lawsuit for asbestos exposure differ slightly from those of other types of wrongful death claims.
What Does An Asbestos-Related Wrongful Death Lawsuit Involve?
A wrongful death lawsuit is often filed against a company, employer, or government agency that failed to protect the deceased from asbestos hazards. The accused party may be sued for exposing the deceased to asbestos or even failing to give adequate warnings about the dangers of asbestos.
Who Can File a Wrongful Death Lawsuit?
The eligibility criteria for filing a wrongful death suit for asbestos death varies from state to state. However, most states leave it to close family members. “Close family” here refers to family relations who directly depended on the deceased financially, emotionally, or both. For instance, children of the deceased and their spouses/domestic partners are usually given more priority.
Moreover, some states allow slightly distant relatives who were dependent on the deceased to file lawsuits. These may include the parents, siblings, and grandparents of the deceased. For you to file a lawsuit as a distant relative, you will need to prove that you were financially dependent on the deceased.
Things to Keep in Mind
Every state has a deadline for filing wrongful death lawsuits, which can range from one to three years from the date of death. Missing the set deadline can potentially void your right to legal recourse.
Additionally, the burden of proof rests on you. Primarily, you need to establish a direct link between the asbestos exposure and the deceased’s illness and subsequent death. You also need to prove that the deceased would not have been exposed to the asbestos were it not for the negligence of the defendant.
Consult an Attorney
Filing a wrongful death lawsuit for a relative who died from asbestos exposure is a complex process that requires strong legal representation. At Pourciau Law Firm, we are committed to making the process easier for you and your family. Visit our offices in New Orleans and Baton Rouge today!