Medically Reviewed by: Jonathan Sharp | August 19th, 2019
There are several resources available for relatives, friends, and caregivers after losing a loved one to mesothelioma. Some may consider filing a legal claim against the company or companies responsible for the diagnosis. A wrongful death lawsuit is a type of legal claim brought against an individual or company believed to be responsible – typically through negligence – for someone else’s death. A wrongful death suit may be brought by anyone representing the victim’s estate but is governed by a statute of limitations.
Losing a loved one isn’t easy because those we love leave a lasting impression on us. If you’ve lost someone to mesothelioma, there are many support groups that provide comfort, support, and a sense of community for people whose lives have been touched by the disease. To find a support group near you, visit the American Cancer Society’s (ACS) website for a list of resources in your city and state.
Losing someone, whether a relative, loved one, or friend, is always difficult. This is especially true for caregivers or people who take care of someone battling a terminal illness. Mesothelioma is a depressing, serious, and often deadly, condition with a poor prognosis. Often times, patients need immediate help from family members and friends, whether they admit it or not. Often times, they need their families and loved ones to help care for them, whether they admit it or not. Unfortunately, when the patient does pass, the burden of that loss can fall on the caregiver’s shoulders. If you recently lost someone you were taking care of to mesothelioma, it is not your fault. You did everything in your power to help them.
Aside from the apparent devastation and grief that comes with losing a loved one, many people don’t realize the difficult situations that follow. Whether it means the family has now lost a source of income or hospital bills just keep piling up, the loss of someone can often impact a family in ways they didn’t expect. People are so focused on helping their loved one get better, they often don’t realize what is waiting on the other side.
If you’re looking for immediate support, here’s a list of online resources:
In cases where a loved one died from undiagnosed mesothelioma or passed quickly once the disease was discovered, families and loved ones may be eligible to file a wrongful death claim. This type of lawsuit is applicable when the person died from mesothelioma but didn’t know they had the disease until it was too late. Coming to terms with the death of a loved one and then filing a mesothelioma claim against the companies responsible can seem challenging. The companies will fight you, the lawyers will encourage you, but you’ll still be left missing the one you lost. Remember, though, that these lawsuits aren’t meant as a form of revenge, they’re meant to help a family who has just lost a part of itself. Sometimes, this means loss of income. Other times, it means to help the family out of a hard situation of unpaid medical bills that have piled up. Do not feel ashamed for filing a wrongful death claim. Take the help offered. It is out there for a reason.
A wrongful death suit can be filed by anyone who represents the victim’s estate. While this typically falls on the spouse, it can be anyone the patient designated in their will. This can include:
If you have lost someone to mesothelioma and are representing their estate, whether you are a blood relative or not, you are eligible to file a claim both for yourself or on behalf of the family. Reach out to a legal specialist to learn more.
Be aware, there is a statute of limitations on filing a wrongful death claim. The statute of limitations, as determined by each individual state, is the amount of time that a person has to file a claim after discovering they have mesothelioma. This applies to wrongful death claims, as well as any additional lawsuits, including personal injury claims, which are filed as a result of a mesothelioma diagnosis.
If claims aren’t filed within the statute of limitations, or specific time frame, families may not be eligible for compensation. A wrongful death claim can be denied if a patient is diagnosed while alive, but fails to file a claim before death. If you or a loved one are diagnosed with mesothelioma and believe you have a case for compensation, time is of the essence. To learn more, reach out through our free case evaluation, and talk to a patient advocate or attorney immediately.
Our team of authors collaborates with the advocate team, focusing on writing about asbestos exposure and mesothelioma to spread awareness. They are dedicated to supporting families within the mesothelioma community.
As Director of Claims for the Environmental Litigation Group (ELG), Jonathan manages client relations as well as the collection and proper distribution of all funds. He’s been with ELG almost from the beginning and has been very involved in asbestos cases over the years. At ELG, the client always comes first, and Jonathan is able to address any concerns clients may have.
American Cancer Society. (2019). Search for Resources. Retrieved on July 27, 2019, from https://www.cancer.org/treatment/support-programs-and-services/resource-search.html
The Cancer Forums. (2019). Mesothelioma Forum. Retrieved on July 27, 2019, from https://www.cancerforums.net/forums/18-Mesothelioma-Forum
Cancer Hope Network. (2019). Get Support. Retrieved on July 27, 2019, from https://www.cancerhopenetwork.org/get-support/
Cancer Support Community. (2019). Cancer Support Helpline. Retrieved on July 27, 2019, from https://www.cancersupportcommunity.org/cancer-support-helpline
Cancer Support Community. (2019). Online Cancer Support. Retrieved on July 27, 2019, from https://www.cancersupportcommunity.org/online-cancer-support
Daily Strength. (2019). Mesothelioma Support Group. Retrieved on July 27, 2019, from https://www.dailystrength.org/group/mesothelioma
Fair, Amy. (2018). 4 Ways to Coper with Grief from Mesothelioma, Asbestos-Related Diseases. Retrieved on July 27, 2019, from https://www.simmonsfirm.com/blog/cope-mesothelioma-asbestos-related-diseases/
FindLaw. (2019). Wrongful Death Claims: TIme Limits and the “Discovery” Rule. Retrieved on July 27, 2019, from https://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-claims-time-limits-and-the-discovery-rule.html
Hodge, Jones, & Allen Solicitors. (2019). Grieving Son Appeals For Help After Dad Diead of Mesothlioma. Retrieved on July 27, 2019, from https://www.hja.net/press-releases/grieving-son-appeals-for-help-after-dad-died-of-mesothelioma/
Jhoury, George, Esq. (2016). How to Bring a Wrongful Death Lawsuit for Mesothelioma. Retrieved on July 27, 2019, from https://blogs.findlaw.com/injured/2016/11/how-to-bring-a-wrongful-death-lawsuit-for-mesothelioma.html
Mesothelioma Applied Research Foundation. (2019). Mesothelioma Support Groups for Patients, Caregivers, Bereaved. Retrieved on July 27, 2019, from https://www.curemeso.org/mesothelioma-treatment-plan/patient-support-and-resources/mesothelioma-support-groups-for-patients-caregivers-bereaved/