Finding out that your loved one has been diagnosed with mesothelioma is a confusing and challenging experience. This complex and rare condition develops due to asbestos exposure, sometimes years or decades earlier. Treatment for mesothelioma can be long and expensive.
You may have options to pursue compensation for medical bills and other damages, depending on when and where the exposure took place. The Gori Law Firm can help with your case. Schedule an initial consultation today by calling us or submitting a form online.
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- A spouse, child, parent, legal guardian, or estate executor may be able to file a mesothelioma lawsuit if the victim is too ill.
- Cases must show evidence of asbestos exposure and a mesothelioma or asbestos-related disease diagnosis.
- Contact experienced mesothelioma lawyers, appoint a legal representative, gather medical and exposure documentation, and file promptly.
- The family or estate representative can file a wrongful death claim for compensation.
- Mesothelioma progresses rapidly, and strict filing deadlines apply.
How Can a Mesothelioma Lawsuit Be Filed if My Loved One Is Seriously Ill?
Even if your loved one is seriously or terminally ill, they still have the right to file a lawsuit. In situations where the victim is too sick to file on their own, a legal representative can act on their behalf.
Who Can File a Mesothelioma Lawsuit on Behalf of a Sick Loved One?
Certain family members, such as a spouse, child, or parent, may be able to file a lawsuit on behalf of their loved one if the individual is unable to file it themselves.
- Power of attorney: A legal document that grants one person the authority to make decisions and act on behalf of another person in financial, legal, or healthcare matters.
- Legal guardianship: A court-appointed relationship in which a guardian is given the authority and responsibility to care for and make decisions on behalf of another person, commonly an incapacitated adult.
- Representative or executor in a wrongful death case: The person legally designated to pursue a wrongful death lawsuit on behalf of the deceased’s estate and beneficiaries, ensuring justice and potential compensation for the loss.
- Estate executor or personal representative: The individual named in a will or appointed by a court to manage the deceased person’s estate, paying debts, distributing assets, and handling final affairs.
- Healthcare proxy or medical power of attorney: A specific type of power of attorney that gives someone the authority to make medical decisions for another person if they become unable to do so themselves.
What Steps Should You Take if Your Loved One Is Too Sick To File a Mesothelioma Lawsuit?
If someone you love is too sick to file a mesothelioma lawsuit, a representative can file on their behalf by following the steps below.
Contact the Mesothelioma Lawyers at the Gori Law Firm Immediately
Speaking with a seasoned and highly experienced attorney is key to a successful case. Our mesothelioma lawyers understand how to handle cases for ill patients and can advise on POA, guardianship, or direct filings.
Appoint a Legal Representative for Your Loved One
The next step to take is deciding who will have the authority to act on your loved one’s behalf. Depending on the state you are in and available candidates, this person may be yourself, another family member, or a court-appointed individual.
Collect Medical Records and Document Asbestos Exposure History
Successful claims depend on demonstrating exposure and linking it to the illness through medical documentation, which strengthens the case and supports fair compensation. Our attorneys can launch an investigation into your loved one’s mesothelioma diagnosis, collecting essential evidence of asbestos exposure and at-fault parties.
File the Mesothelioma Claim as Soon as Possible
It is crucial to file a claim as soon as possible to avoid missing deadlines or losing evidence. Our mesothelioma law firm will handle all of this, navigating the statute of limitations and complex court procedures so you can focus on caring for your loved one.
Common Questions Families Ask When Filing a Mesothelioma Lawsuit
How Can I Proceed if I Don’t Know Where or When They Were Exposed to Asbestos?
If you are unsure of how your loved one was exposed, contact an attorney at The Gori Law Firm to help locate where asbestos exposure took place.
How Long Does the Legal Process Take?
The legal process for a mesothelioma claim typically takes anywhere from several months to about a year, depending on factors such as the type of claim, the court schedule, and whether a settlement is reached or the case goes to trial. Some cases involving seriously ill patients may be expedited.
Why Is It Important To Act Quickly?
Because mesothelioma advances rapidly, it’s crucial to act promptly. Each state has its own statute of limitations, so filing your claim on time is essential.
What if My Loved One Passes Away Before Filing a Mesothelioma Claim?
Depending on state law, if your loved one passes away before filing a mesothelioma claim, their family or estate representative can usually file a wrongful death claim on their behalf to seek compensation for medical costs, lost income, and emotional suffering.
The Gori Law Firm Can Help You and Your Loved One Recover Maximum Compensation From Your Asbestos Exposure Lawsuit
The Gori Law Firm is a nationally based firm that has secured settlements totaling over $4 billion. Our team approaches each case with a client-focused strategy, ensuring you feel informed throughout the process. Our clients can expect consistent communication from start to finish of their case, knowing we put their best interests at the forefront.
Contact the Gori Law Firm for a Free Case Evaluation Today
We offer free case evaluation and a no-win-no-fee guarantee. This means you never pay unless we successfully secure compensation for your case. Our firm is focused on providing optimal services without financial stress. To learn more or book a consultation today, contact us by phone at 618-659-9833 or via our online form.