Losing a loved one to an asbestos-related disease is both emotionally devastating and financially challenging. If your family member has passed away due to mesothelioma, asbestosis, or another asbestos-related condition, you may be wondering what legal options are available to you. Here are six potential paths you can take to seek justice and compensation during this difficult time.
Wrongful Death Lawsuits
After losing someone to an asbestos-related illness, you have the right to file a wrongful death lawsuit against the companies responsible for your loved one’s exposure. These lawsuits allow you to seek compensation for medical expenses, funeral costs, lost income, and pain and suffering your family member experienced. Understanding the typical Asbestos Claims Payouts & Settlement Timeline can help you prepare for what lies ahead, as these cases often take months or years to resolve.
Asbestos Trust Fund Claims
Many companies that manufacture or use asbestos products have established trust funds to compensate victims and their families. If your loved one was exposed to asbestos through products made by companies that have filed for bankruptcy, you may be eligible to file claims against these trust funds.
The advantage is that trust fund clams typically process faster than lawsuits, though they often provide lower compensation amounts. You can file multiple trust fund claims if your family member was exposed to products from different manufacturers.
VA Benefits for Veterans Families
If your loved one was a veteran who was exposed to asbestos during military service, you may qualify for Department of Veterans Affairs (VA) benefits. As a surviving spouse or dependent child, you could be eligible for Dependency or Indemnity Compensation (DIC), survivor pension benefits, and burial benefits. These benefits can provide monthly financial support and help cover funeral expenses.
Worker’s Compensation Death Benefits
In cases where asbestos exposure occurred in the workplace, you might be entitled to workers’ compensation death benefits. These benefits typically cover a portion of the deceased’s wages and funeral expenses. The eligibility rules and benefit amounts vary by state, so it’s important to consult with an attorney familiar with workers’ compensation laws in your jurisdiction.
Social Security Benefits
The Social Security Administration offers survivor benefits to families of workers who qualified for Social Security. As a surviving spouse, you may be eligible to receive your deceased spouse’s benefits, particularly if you are caring for their children under age 16 or if you are 60 years of age or older. Dependent children may also qualify for benefits until they reach age 18, or 19 if still attending high school.
Estate Claims for Existing Lawsuits
If your loved one had already filed an asbestos-related lawsuit before passing away, that claim doesn’t necessarily end with their death. As a family member, you may be able to continue the lawsuit through the estate. This option allows the legal action to proceed, with any resulting compensation going to the estate and ultimately to the beneficiaries named in the will or determined by state law.
Endnote
After losing a family member to an asbestos-related disease, taking legal action may not be your first priority. However, it’s important to understand that strict deadlines apply to most of these options. Consulting with an experienced attorney soon after your loss can help ensure you don’t miss critical filing deadlines and can maximize the compensation your family receives.
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