Filing Lawsuit After the Death of the Plaintiff

Asbestos is a toxic substance that is commonly used in construction materials, automotive parts, and other industrial products. Asbestos exposure has been linked to mesothelioma, a deadly form of cancer that affects the lining of the lungs, abdomen, or heart. Many people who were exposed to asbestos and developed mesothelioma have filed lawsuits against the manufacturers and distributors of asbestos-containing products. But what happens when the plaintiff has died? Can a lawsuit still be filed?

In general, a lawsuit can only be filed by the person who has been harmed by the defendant's actions. However, in the case of mesothelioma, the plaintiff may have died before the lawsuit was filed, or while the lawsuit was still pending. In these cases, the plaintiff's family members or other representatives may be able to file a wrongful death lawsuit on the plaintiff's behalf.

A wrongful death lawsuit is a civil action that is filed by the family members or other representatives of a person who has died due to the negligent or intentional actions of another party. In the case of mesothelioma, a wrongful death lawsuit may be filed against the manufacturers and distributors of asbestos-containing products that caused the plaintiff's exposure to asbestos and subsequent development of mesothelioma.

To file a wrongful death lawsuit, the plaintiff must be able to prove that the defendant's actions were the direct cause of the plaintiff's death. This may require extensive investigation, expert testimony, and medical evidence. The damages that may be awarded in a wrongful death lawsuit include compensation for the deceased person's medical expenses, funeral expenses, lost income, and pain and suffering.

In addition to a wrongful death lawsuit, the plaintiff's estate may also be able to file a survival action on behalf of the deceased person. A survival action is a legal action that is brought by the plaintiff's estate to recover damages for the harm that the plaintiff suffered before his or her death. In the case of mesothelioma, a survival action may be brought to recover damages for the plaintiff's medical expenses, lost income, and pain and suffering that occurred before the plaintiff's death. The damages that may be awarded in a survival action are separate from the damages that may be awarded in a wrongful death lawsuit.

It is important to note that there are statutes of limitations that govern the filing of wrongful death and survival actions. A statute of limitations is a deadline that specifies how long a plaintiff has to file a lawsuit after the harm occurred. The statute of limitations for wrongful death and survival actions varies by state, and may range from one to five years.

If you are considering filing an asbestos/mesothelioma lawsuit on behalf of a deceased loved one, it is important to choose an experienced and knowledgeable attorney who can help you navigate the legal process. The Throneberry Law Firm is a nationwide law firm that specializes in mesothelioma and asbestos claims. Founded by Attorney Michael Throneberry, the firm is dedicated to providing compassionate and effective representation to clients who have been harmed by asbestos exposure.

The Throneberry Law Firm offers a free consultation to anyone who is considering filing an asbestos/mesothelioma lawsuit. Contact the Throneberry Law Firm today to schedule a free consultation and learn more about your legal options.