Losing a loved one to mesothelioma is devastating. You’re dealing with grief, and now you’re wondering what legal options you still have. Here’s what you need to know: you can absolutely pursue compensation even though your family member has already passed away.
Understanding Wrongful Death Claims For Mesothelioma
A wrongful death lawsuit lets families hold companies accountable when asbestos exposure kills someone they love. These cases don’t work the same way as personal injury claims. Your loved one can’t file the lawsuit themselves anymore, so eligible family members step in to seek justice and financial recovery on their behalf. The companies that exposed your family member to asbestos don’t get off the hook just because time has passed.
Who Can File A Wrongful Death Claim
Indiana law is pretty specific about who has the legal right to file these claims. Typically, the personal representative of the deceased person’s estate initiates the lawsuit. This might be someone named in the will, or it could be someone the probate court appoints. Here’s who can benefit from the claim:
- Surviving spouses
- Children of the deceased
- Parents (if there’s no spouse or children)
- Other dependent family members in certain situations
Whatever compensation is recovered goes to the estate first. Then it’s distributed according to Indiana’s wrongful death statute or based on what the deceased person’s will specifies. Indiana mesothelioma asbestos cancer lawyers understand that every family’s situation is different. If you’ve lost someone to mesothelioma, having a conversation about your legal options can help you understand what compensation might be available and how to move forward during what’s already an incredibly difficult time.
What Compensation Is Available
You’re not just limited to recovering medical bills. Wrongful death claims can cover various types of damages that recognize what your family has truly lost. You can seek compensation for the financial support your loved one would’ve provided over their lifetime. Funeral and burial expenses are recoverable too, and there’s compensation available for losing their companionship, guidance, and presence in your life. Some cases also allow recovery for your loved one’s pain and suffering before they died. Whether that’s possible depends on how the case gets structured and what Indiana law allows at the time you file.
Time Limits Matter
Indiana doesn’t give you forever to file. The deadline is typically two years from the date of death. Miss that window, and you’ll almost certainly lose your right to compensation permanently. Building these cases properly takes time. We’re talking about gathering evidence of asbestos exposure that might’ve happened 30 or 40 years ago. That kind of investigation can’t be rushed. Starting sooner gives your legal team the breathing room they need to build the strongest possible case.
Proving Asbestos Exposure After Death
This is where things get challenging. You’ve got to establish where and when the asbestos exposure happened, often relying on old employment records, witness testimony, and historical documents about companies that used asbestos decades ago. It’s not easy work. Indiana mesothelioma asbestos cancer lawyers understand how to track down this kind of evidence. They’ll work with investigators and medical professionals who can piece together your loved one’s exposure history, even when the trail has gone cold.
Estate Claims Vs. Wrongful Death Claims
Sometimes families can file both types of claims. An estate claim covers what the deceased person experienced while they were still alive. That includes their medical expenses and pain and suffering. The wrongful death claim is different because it addresses the losses to surviving family members. Your attorney can walk you through whether pursuing both makes sense for your situation. The right strategy really depends on your family’s specific circumstances and when your loved one was diagnosed versus when they passed away.
Moving Forward With Your Claim
A lot of families think they’ve waited too long. Others worry they don’t have enough information. Some assume that because their loved one never filed a lawsuit before passing away, the opportunity’s gone. That’s just not true. Ward & Ward Personal Injury Lawyers handle these cases all the time. They know how to build strong claims even when the person who was directly harmed isn’t here anymore. The evidence is still out there, and the companies responsible can still be held accountable. Contact us today.
