Mesothelioma Litigation – How Does A Family File A Mesothelioma Case After The Patient Has Died?

Mesothelioma is one of the most deadly diseases one can be exposed to. The disease is a rare form of cancer which develops on the lining that protects internal body organs. It is usually caused by asbestos exposure. Most mesothelioma victims are people who have been exposed to asbestos dust on their jobs. When such people succumb to this deadly form of malignant cancer, it is only fair that their family members are compensated. In as much as the damages paid may not make up for a lost life, it can go a long way in enabling the dependents to make ends meet. To ensure you get due compensation, one has to be sure of the mode of exposure and then seek legal aid.

How Were They Exposed?

The first question families of mesothelioma victims need to ask themselves is how their loved ones were exposed to the dangerous asbestos dust. The exposure could have been as a result of:

  • Working for a company that handles asbestos
  • Living or working near asbestos deposits
  • Using products from companies, which are contaminated with asbestos dust

Once the form of asbestos exposure is identified, filing a suit for compensation will be much easier. However, the idea of trying to go alone all the way is not wise. The easiest thing to do is to look for a qualified personal injury lawyer to help.

How To Go About It

Families who have lost their members to mesothelioma need to appreciate the importance of legal aid. Their emotional condition alone might not allow them to have a good day in court. In addition, insurance companies and defense attorneys will do their best to minimize compensation so you need experienced backing. Here is the best way to file a case after the patient dies:

    1. Locate an experienced mesothelioma lawyer. Such a lawyer will help you know the information you will need to validate the claim. They’ll also give you an idea of how long the suit will last.


    1. Recall the events accurately to prevent inconsistencies from arising. Giving conflicting accounts of the events can shift some of the blame to you and lower the compensation. Remember it’s logic that counts in law and not truth.


    1. Have all relevant medical documents. The court will require proof that the death was as a result of mesothelioma, and that exposure was during the claimed period.


  1. After this, proceed to fill in the legal paperwork. This will be arranged by your lawyer, for the smooth running of the case.

If the case is presented systematically and with the help of a good lawyer, it shouldn’t take long for the compensation to be effected. Goldberg, Persky & White P.C.


The families of these victims must bear in mind gone are the days when asbestos compensation cases were givens even before the suit. Many states have passed laws to protect companies from being exploited in the name of damages. While presenting the case, a lawyer can help you avoid all loopholes which may shift some blame to the victim’s side so that the stakes aren’t lowered.