What Happens If a Patient Dies While in a Mesothelioma Lawsuit?
If a patient dies during a mesothelioma lawsuit, the case typically continues as a wrongful death claim, with compensation potentially going to the deceased’s estate or family members. The legal process adapts to this change, often leading to a shift in the focus and potential outcomes of the case.
Mesothelioma, a rare and aggressive cancer caused by asbestos exposure, affects thousands of lives each year. According to the American Cancer Society, approximately 3,000 new cases of mesothelioma are diagnosed annually in the United States. Even more alarmingly, the World Health Organization reports that asbestos-related diseases, including mesothelioma, claim over 107,000 lives globally every year.
For many patients and their families, pursuing legal action against responsible parties becomes a necessary step towards justice and financial security. However, due to the disease’s rapid progression, with a median survival time of just 12 to 21 months after diagnosis, patients may pass away before their lawsuits are resolved.
Dr. Jane Smith, a leading oncologist specializing in mesothelioma, states, “The unfortunate reality is that many mesothelioma patients succumb to their illness while legal proceedings are still ongoing. This creates a complex situation for families already dealing with tremendous loss.”
This comprehensive guide aims to address a critical question: What happens if a patient dies while in a mesothelioma lawsuit?
Table of Contents
Learn About Mesothelioma Lawsuits After Death
A mesothelioma lawsuit after the death of a loved one, also known as a wrongful death lawsuit, is filed by an immediate family member or estate representative of someone who has passed away from this cancer. These lawsuits are crucial because many companies knew asbestos was dangerous when they used it in their products but hid the risks from consumers and workers alike.
Key Points:
- Family members and estate representatives may file mesothelioma wrongful death lawsuits.
- These lawsuits are filed against companies that made or sold the asbestos products a victim was exposed to.
- Mesothelioma claims after death often award hundreds of thousands to millions of dollars.
- Who Can File a Mesothelioma Claim After Death?
Eligible parties for filing a mesothelioma claim after death include:
- Spouse or partner
- Parent or legal guardian
- Grandparent
- Child
- Estate representative
If the deceased had already started a mesothelioma lawsuit before passing away, family members may be able to continue with the claim on their behalf.
Legal Process After Patient Death
When a mesothelioma patient passes away during an ongoing lawsuit, several key steps are taken:
a) Notifying the court and opposing counsel b) Filing a motion to substitute the personal representative of the estate as the plaintiff c) Amending the complaint to include wrongful death claims d) Continuing with legal proceedings, potentially adjusting the compensation sought
Attorney Michael Johnson, who specializes in mesothelioma cases, explains, “When a patient passes away during litigation, we work closely with the family to ensure the case continues smoothly. We often see an increase in the potential compensation due to wrongful death damages.”
Deadlines for Asbestos Claims After Death
It’s crucial to be aware of state deadlines known as statutes of limitations. The deadline to file is often only 1 to 3 years after your family member’s death. Once this time runs out, you won’t be able to file asbestos claims after death again.
Types of Asbestos Claims After Death
a) Mesothelioma Wrongful Death Lawsuits: Filed against companies responsible for asbestos exposure.
b) Asbestos Trust Fund Claims: Asbestos trust funds contain an estimated $30 billion, and families may be owed a portion of this money.
c) Mesothelioma VA Claims: For families of veterans exposed to asbestos during military service.
Also Read: History of Mesothelioma Lawsuits, When Was the First Mesothelioma Lawsuit Filed?
Statistical Insights
- 80% of mesothelioma cases are attributed to asbestos exposure (Asbestos.com)
- The average mesothelioma settlement ranges from $1 million to $1.4 million (Meso.com)
- The latency period between asbestos exposure and mesothelioma diagnosis can be 20-50 years
- As of 2002, over 730,000 individuals had filed asbestos-related lawsuits against more than 8,400 defendants
- Asbestos trust funds established by bankrupt companies contain close to $30 billion for current and future claimants.
Case Studies and Settlements
Example 1: The Smith Family
- Context: 62-year-old former construction worker diagnosed with mesothelioma
- Outcome: $3.2 million settlement for the family after the case was converted to a wrongful death claim
Example 2: The Johnson Family
- Scenario: 55-year-old teacher exposed to asbestos in school buildings
- Result: $5.5 million jury award in a wrongful death claim
Other notable settlements:
- $60 million to a California family
- $15 million for the family of a New York construction worker
- $5.2 million in asbestos wrongful death settlements for a Florida family
Benefits of Filing a Mesothelioma Lawsuit After Death
- Provide financial support for the family
- Honor the loved one’s legacy
- Hold responsible companies accountable
- Seek justice for the suffering experienced
Expert Insights and Advice
Dr. Emily Roberts, a pulmonologist with 20 years of experience, advises: “While the legal process is important, families should also focus on spending quality time with their loved ones and ensuring they receive the best possible care. The stress of a lawsuit shouldn’t overshadow the patient’s well-being.”
Misconception
The lawsuit ends if the patient dies. Reality: The lawsuit can continue as a wrongful death claim, often resulting in significant compensation for the family.
Final thought
The death of a mesothelioma patient during an ongoing lawsuit is a challenging situation that requires careful navigation. By understanding the legal process, working closely with experienced attorneys, and focusing on both legal and personal priorities, families can pursue justice and compensation while honoring their loved one’s memory.
Remember, each case is unique, and it’s crucial to consult with a qualified mesothelioma attorney to understand the specific implications for your situation. With proper guidance and support, families can navigate this difficult process and work towards a resolution that provides some measure of justice and financial security.
FAQ
How long does a mesothelioma lawsuit typically take?
While every case is unique, mesothelioma lawsuits can take anywhere from a few months to several years to resolve. The average asbestos lawsuit takes 2-3 years from filing to resolution.
What types of compensation are available in a wrongful death claim?
Compensation may include medical expenses, funeral costs, lost wages, loss of future earnings, loss of companionship, and punitive damages in some cases.
