A: Yes, in most cases, if a mesothelioma claimant passes away before their claim is resolved, their family may still be eligible to receive compensation.

The specific details and eligibility criteria can vary depending on the jurisdiction and the circumstances surrounding the claim. However, it is important to note that the process may differ depending on whether the claim was filed as a personal injury claim or as a wrongful death claim. Let’s explore this in further detail.

Personal Injury Claims

If a mesothelioma claimant passes away during the course of their personal injury claim, their legal right to compensation does not necessarily end. In many cases, the claim can be continued by the deceased’s estate or the family members who have been designated as the claim’s beneficiaries. These beneficiaries may include the surviving spouse, children, or other dependents.

To proceed with the claim, the appointed representative of the estate or the beneficiaries should notify the court and the defendant’s legal representatives about the claimant’s passing. This will allow the legal proceedings to be adjusted accordingly, ensuring that the claim can be pursued on behalf of the deceased.

Wrongful Death Claims

In situations where a mesothelioma claimant passes away before filing a personal injury claim, or if they pass away as a result of mesothelioma prior to the resolution of their claim, their family may still have the option to pursue a wrongful death claim. Wrongful death claims are filed by the surviving family members or dependents of the deceased individual who lost their life due to the negligence or wrongful actions of another party.

To initiate a wrongful death claim, the family members must establish that the mesothelioma was a direct cause of the negligent or wrongful conduct of the defendant(s). It is crucial to consult with an experienced mesothelioma attorney who specializes in wrongful death claims to understand the specific legal requirements and procedures involved in your jurisdiction.

Conclusion

In summary, if a mesothelioma claimant passes away before their claim is resolved, their family may still be able to receive compensation through continuing the personal injury claim or pursuing a wrongful death claim. It is advisable to consult with a knowledgeable attorney who can guide you through the legal process and ensure your rights are protected. Each case is unique, so seeking professional legal advice is crucial to understand the specific options available to your family and maximize the chances of receiving the compensation you deserve.