{e=document.createElement()
When a loved one dies from mesothelioma, families are left grieving while facing questions about what caused the disease and whether anyone can be held responsible. Because mesothelioma is caused by asbestos exposure, investigating a loved one’s exposure history is often a critical step in determining whether a legal claim may be available.
Asbestos exposure can occur decades before a mesothelioma diagnosis. A loved one may have encountered asbestos while repairing vehicles, renovating a home, working in an industrial setting or using products containing asbestos, including certain talc products.
But can a family file a mesothelioma wrongful death lawsuit after a loved one passes away? In many cases, the answer is yes. Eligible family members may be able to pursue a mesothelioma wrongful death claim or continue an existing lawsuit through a survival action. The available options depend on the circumstances of the case and the applicable law.
The Law Office of Philip C. Hoffman represents individuals and families in asbestos litigation. For families in Louisiana, understanding the history of asbestos exposure, identifying potentially responsible companies, and evaluating available legal claims are important steps toward determining what options may be available.
Can Family Members File a Mesothelioma Wrongful Death Lawsuit?
Yes, eligible family members may be able to file a mesothelioma wrongful death lawsuit when a person’s death results from another party’s fault. In an asbestos-related case, this may involve investigating whether exposure to asbestos- containing products or materials contributed to a loved one’s mesothelioma and whether a company may be legally responsible.
Because symptoms can take decades to develop, a person may not receive a mesothelioma diagnosis until long after the original exposure occurred. If the disease ultimately leads to death, surviving family members may have grounds to pursue a wrongful death claim.
Louisiana Civil Code Article 2315.2 identifies who has the right to bring a wrongful death action when a death results from another party's fault. The law identifies eligible family members in a specific order, beginning with a surviving spouse and children, followed by other relatives in qualifying circumstances.
You can read the Louisiana Civil Code Article 2315.2 for more information about eligibility. If you think you may qualify, give us a free call at (504)822-6050.
Every situation is different. A Louisiana attorney can review the circumstances surrounding the death, the history of asbestos exposure, and the family's relationship to the deceased to help determine whether a claim may be available.
What If Your Loved One Already Filed a Mesothelioma Lawsuit?
If your loved one filed a mesothelioma lawsuit before passing away, the case may not end with their death. Louisiana law recognizes a separate type of claim known as a survival action. Under Louisiana Civil Code Article 2315.1, a survival action generally concerns claims the deceased person could have pursued for injuries suffered before death. Depending on the circumstances, this may include damages associated with the illness, medical expenses, and other losses recognized by law.
A survival action and wrongful death action serve different purposes under Louisiana law:
Wrongful death action: Seeks compensation for eligible family members’ own losses resulting from the death of a loved one, including loss of companionship, support, and services
Survival action: Seeks recovery for damages the deceased suffered before death as a result of the underlying injury
The two types of claims serve different purposes, and eligibility and recoverable damages depend on the applicable law and the facts of the case.
If your loved one had already started a mesothelioma lawsuit, do not assume that the case automatically ends when they pass away. An attorney can review the existing case and explain what steps may be necessary for it to continue.
Learn more about our firm's work involving mesothelioma claims and asbestos-related cases.
How Long Do Families Have to File a Claim in Louisiana?
Time limits are an important consideration when exploring a mesothelioma wrongful death lawsuit.
Louisiana law establishes prescriptive periods, which are deadlines for bringing certain legal claims. The applicable period can depend on the type of action, when the injury occurred, when the death occurred, and which version of the law applies.
Missing an applicable deadline may prevent a family from pursuing compensation. The applicable rules can be more complicated than a single deadline measured from the date of death.
For this reason, families should not assume they have unlimited time to pursue compensation or rely on a general deadline without legal advice. Waiting too long may affect the ability to bring a claim.
If your loved one passed away from mesothelioma in New Orleans or elsewhere in Louisiana, consider speaking with a qualified attorney as soon as possible. A lawyer can assess the relevant dates and explain which deadlines may apply to your circumstances and if you have a case. You can contact the Law Office of Philip C. Hoffman in New Orleans by calling 504-822-6050 or filling out the form on our website to discuss your circumstances and request a consultation.
What Compensation May Be Available After a Mesothelioma Death?
Depending on the facts and the applicable law, a wrongful death claim may allow eligible family members to seek compensation for certain losses resulting from their loved one's death.
Potential damages may include:
Loss of love, companionship, and support.
Loss of services the deceased provided to the family.
Certain financial losses associated with the death.
Other damages permitted under the applicable law.
A separate survival action may address eligible damages arising from the deceased person's illness and injuries before death.
The compensation available in any case depends on the evidence, the legal claims involved, and the circumstances of the exposure and death. Filing a claim does not guarantee a settlement or a particular amount of compensation.
An attorney can explain which losses may be recoverable and what evidence may be needed to support a claim.
What Should Families Do After a Mesothelioma Death?
If you believe your loved one's mesothelioma was caused by asbestos exposure, taking a few practical steps may help you prepare for a legal consultation.
1. Gather medical records. Keep available records relating to the mesothelioma diagnosis, treatment, and cause of death.
2. Document work and exposure history. Information about past employers, job sites, military service, and potential asbestos exposure may help an attorney investigate the case.
3. Preserve existing legal documents. If your loved one had already filed a lawsuit or submitted a claim, gather relevant paperwork, correspondence, and case information.
4. Collect relevant financial records. Medical bills, funeral expenses, and documents relating to financial support may help establish certain losses.
5. Speak with a Louisiana attorney. A lawyer can evaluate the available information, explain potential claims, and identify applicable filing deadlines.
You can learn more about the Law Office of Philip C. Hoffman and our legal services or visit our contact page to see if you may have a case.
Speak With a New Orleans Mesothelioma Lawyer
Families who have lost someone to mesothelioma deserve clear information about their legal options. Determining whether a claim is available may require reviewing the person's asbestos exposure history, medical records, existing lawsuits, and the circumstances surrounding their death.
A New Orleans mesothelioma lawyer can help explain the differences between wrongful death and survival actions, identify potentially responsible parties, and review the deadlines that may apply.
The Law Office of Philip C. Hoffman represents clients in asbestos litigation. Our team investigates asbestos exposure histories, evaluates potential claims against responsible companies, and helps families understand their legal options following a mesothelioma death.
If you have lost a loved one to mesothelioma, contact the Law Office of Philip C. Hoffman at 504-822-6050 or fill out our intake form to discuss your situation and find out whether you may have a claim.
The Law Office of Philip C. Hoffman is located at 400 Poydras St., Suite 1625, New Orleans, Louisiana 70130. We serve families in parishes across Louisiana.
Legal Disclaimer: This article is intended for general informational purposes and should not be considered legal advice for any individual situation. Every case is unique and evaluated based on its specific facts and circumstances. Contacting our office does not guarantee that you have a valid legal claim or establish an attorney-client relationship. Past results do not guarantee future outcomes.
Frequently Asked Questions
-
Yes, eligible family members may be able to file a wrongful death claim. Eligibility depends on the applicable law and the circumstances of the case.
-
In some cases, yes. A pending lawsuit may continue through a survival action or another applicable legal process. The appropriate procedure depends on the type of claim and the relevant law.
-
The deadline depends on the claim type and the circumstances, including the relevant injury and death dates and applicable legal rules. Consult a Louisiana attorney promptly to determine the deadline for your specific situation.
-
Depending on the claim and applicable law, compensation may cover certain losses such as lost support, companionship, and services. A survival action may address eligible damages suffered by the deceased before death. No particular recovery is guaranteed.
-
Yes. An attorney can review the existing case, explain whether it may continue, determine who may be authorized to pursue it, and discuss any additional claims that may be available to eligible family members.