Many people who are immediate family members and loved ones of victims suffering from asbestos related diseases worry that time is running out not just for the victim, but also for their ability to pursue any sort of asbestos claims after death.
Fortunately, courts discovered that the death of a victim should not be the conclusion of the at-fault party’s liabilities. Governments created wrongful death suits in response, starting with the Fatal Accidents Act of 1846. Now, certain parties who were reasonably close to the victim can bring forward legal action that seeks punitive and compensatory damages for the deceased victim and their mourning survivors.
The major caveat is that only certain individuals can be deemed to have had a close enough relationship to the deceased victim in order to file a wrongful death suit. Learn more about what the typical legal requirements are and what options people close to the victim have for filing asbestos claims after death.
Who Can File Asbestos Claims After Death of the Victim?
Jurisdictional law determines who can legally file a wrongful death suit based on their familial or personal relationship with the victim. These eligible individuals most often include:
- Adopted children
Many other states include individuals who were financially dependent on the victim. California, for instance, allows those who obtained at least half their income from the deceased victim to file a wrongful death claim. California also permits putative spouses to file wrongful death suits, which refers to individuals who genuinely believed that they were the spouse of the victim despite nullifying circumstances like bigamy.
Estate Survival Actions
Under some circumstances where the victim arranged for management and representation of their estate prior to death, some parties may be able to take…….. READ THE WHOLE STORY >
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