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What is a mesothelioma wrongful death suit?

On Behalf of | Nov 29, 2021 | Wrongful Death

Malignant mesothelioma, a type of cancer that develops from past exposure to the harmful material asbestos, often causes premature death for those exposed. The website Asbestos.com notes that many companies used asbestos, mainly in manufacturing facilities, for decades and that workers continue to develop mesothelioma to this day.

Victims of this cancer often die before they can file a lawsuit; however, their relatives might still gain compensation by filing a wrongful death lawsuit, and there are a few they may want to consider before proceeding.

Are settlements common?

Some mesothelioma cases settle out of court, but there is no guarantee each alleged defendant will agree to such a course. A settlement versus a trial may also depend on other factors, including:

  • Whether the family wants to wait for an offer
  • The precedents of the accused company’s actions
  • The choices made by the deceased’s estate

Because spouses or adult children of the deceased often bring these lawsuits, the decision to settle or face court often falls to them.

Who may file?

In most cases, almost any family member may file a mesothelioma lawsuit, but this does not limit others from doing so. Friends, executors of an estate or those who hold a trust for a minor child of the deceased may also petition the court. While jurisdiction laws tend to vary, anyone related or close to the victim may pursue a case.

Mesothelioma wrongful death case compensation can help those left behind pay for medical bills, funeral expenses and for the care of any surviving minor dependents. Because each case is unique, the settlement or award amounts may vary.