What If My Loved One Is Too Sick to File a Mesothelioma Claim?
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A mesothelioma diagnosis can be overwhelming for families, bringing not only emotional distress but also serious financial strain. On top of that, pursuing compensation on behalf of a sick loved one often involves a complex and confusing legal process.
If someone you care about has been diagnosed with mesothelioma or has passed away due to this disease, contact The Gori Law Firm today. We can help you understand your legal options and pursue the compensation your family deserves.
Who Can File a Mesothelioma Claim on Behalf of a Loved One?
If a loved one is too sick to file a mesothelioma claim or has passed away, a close family member or designated legal representative may be able to file the claim on their behalf. Eligibility rules for filing on behalf of an incapacitated person can vary by state. Below is an overview of how this applies to the following locations:
- California: A designated legal representative, such as a durable power of attorney or a court-appointed conservator, can file a claim. If the individual has passed away, a family member may be able to pursue a wrongful death claim.
- Illinois: A durable power of attorney or a court-appointed conservator can file a claim on behalf of a patient. If the individual has passed away, a family member may be able to pursue a wrongful death claim.
- Louisiana: A durable power of attorney can file a claim on behalf of a loved one. If that loved one dies during the litigation, their heirs can continue the claim as a survival action. If a loved one dies before a claim is filed, their surviving family members may be able to pursue a wrongful death claim.
- Missouri: A durable power of attorney or a court-appointed guardian can file a claim on behalf of a patient. If the patient dies during the litigation, surviving family members can step in as representatives of the deceased person’s estate. If the loved one dies before the claim is filed, family members may be able to pursue a wrongful death claim.
- New York: A durable power of attorney or a court-appointed fiduciary can submit a claim. A designated representative—such as a spouse or adult child—can also file a claim. If the patient passes away before the claim is submitted, a wrongful death lawsuit may be initiated by the executor or administrator of the deceased’s estate.
Surviving family members of mesothelioma patients can seek compensation by pursuing wrongful death claims and asbestos trust fund claims. An experienced mesothelioma lawyer can advise families on their eligible options and navigate them through the legal process.
The Legal Process: Steps To Take When Filing for a Sick or Deceased Loved One
Every mesothelioma case is unique, but many involve the following steps:
- Consult a lawyer: Schedule a free consultation with an attorney experienced in handling mesothelioma cases. The Gori Law Firm can help you determine your options and give you the information you need to decide how to proceed.
- Gather evidence: Evidence is needed to support your mesothelioma claim. This evidence may include medical records, occupational history, death certificates, bills, receipts, and other relevant documents.
- Filing the claim: How you file a claim depends on your chosen compensation route. For example, lawsuits are submitted to court, while trust fund claims are filed directly with the trusts established by the bankrupt asbestos companies.
- Compensation and settlement: Lawsuits can be resolved through settlements, but if the settlement offer is insufficient, the case may need to go to trial. Payouts from trust fund claims can vary based on several factors, including which funds you qualify for and the number of claims you are eligible to file.
If you choose to work with us, we’ll begin building your case and gathering evidence to file a strong claim on your behalf. Once we have filed, we continue to support you in negotiations with defendants and their insurers. If we go to court, we will represent your interests and pursue maximum compensation.
Compensation Options for Families of Sick or Deceased Loved Ones
Discuss the different types of compensation that can be pursued:
- Mesothelioma lawsuits: Civil actions can be filed through the court system to seek compensation that helps alleviate the financial burden caused by a mesothelioma diagnosis and its treatment.
- Asbestos trust funds: Asbestos trust funds contain money that bankrupt asbestos product manufacturers set aside to benefit individuals exposed to asbestos through those products who later develop asbestos-related illnesses. As of 2024, approximately $30 billion remains in these trust funds. This compensation option is typically quicker than pursuing a mesothelioma lawsuit.
- Wrongful death lawsuits: A type of legal action through which surviving family members may recover monetary compensation for the damages they suffered because of their loved one’s death.
- Veterans’ benefits: Veterans and their families may qualify for compensation through the Department of Veterans Affairs (VA). Veterans who have been exposed to asbestos can seek VA disability compensation by navigating the mesothelioma claims process. If their claim is approved, veterans will receive a monthly payment and gain access to medical services provided by the VA.
At The Gori Law Firm, we’ve secured over $4 billion in compensation for our deserving clients nationwide. If you have an asbestos-related illness, call us today so our experienced attorneys can explain your options.
Common Challenges Families Face When Filing Claims
Each state has its own statute of limitations for mesothelioma cases, which can fall under personal injury, product liability, or wrongful death categories. It is essential to act promptly and contact our experienced team to maximize your recovery. Our mesothelioma attorneys have won over $4 billion in verdicts and settlements for our clients and can help you seek justice.
At The Gori Law Firm, we understand that the process of filing a mesothelioma claim can be emotionally and mentally exhausting for families, especially when a loved one is incapacitated due to the disease. Our lawyers are prepared to connect you with resources in your area to ensure you receive the emotional and mental health support you need during these difficult times.
Why Choose Gori Law To File Your Mesothelioma Claim?
If someone you care about has been exposed to asbestos and diagnosed with mesothelioma, it’s vital to take prompt action to hold the responsible companies accountable and secure the compensation your family deserves.
At The Gori Law Firm, we will help you understand your compensation options and initiate the claims process. With more than 100 years of combined legal experience, our dedicated team is committed to working closely with you, offering personalized support and valuable resources throughout your legal journey. You can count on us to be available to address all your questions and concerns.
We have a proven track record of securing results for our clients. We have recovered more than $4 billion in compensation, and in 2018 alone, we secured more than $300 million in settlements.
Act now to protect your rights – file your mesothelioma claim today. Contact us online or call (618) 659-9833 for a free case consultation.
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