Losing a loved one to mesothelioma or another asbestos-related disease brings profound grief, but it also creates urgent legal responsibilities that require immediate attention. Filing an asbestos claim after death in New Jersey and New York involves specific procedures and strict deadlines that can significantly impact your family’s financial future and ability to hold responsible parties accountable.
At The Williams Law Firm, P.C., we understand the overwhelming nature of pursuing legal action while grieving. Our team has never lost a mesothelioma case and provides compassionate guidance to families during these difficult times. Attorney Joseph P. Williams personally meets with families in their homes, handling each case as our cause while you focus on healing and remembering your loved one.
When someone dies from mesothelioma or another asbestos-related disease, their personal representative may pursue a wrongful death claim against the parties responsible for the exposure to the harmful mineral.
These claims seek compensation for the economic and emotional losses caused by the preventable death, including the following:
Wrongful death claims differ from personal injury lawsuits in several important ways. While personal injury claims focus on the victim’s damages, wrongful death cases address the impact on surviving family members. This includes lost financial support, loss of companionship, and the emotional trauma of losing someone to a preventable disease.
Both New Jersey and New York recognize wrongful death claims for asbestos-related diseases, but each state has specific requirements about who can file these claims and what damages may be recovered. Understanding these differences is crucial for maximizing your family’s compensation as you try to recover from the unimaginable loss of your loved one.
The legal authority to file wrongful death claims varies between New Jersey and New York, with specific rules about which family members can pursue legal action.
In New Jersey, the personal representative of the deceased person’s estate typically files the wrongful death claim. This person is usually named in the will or appointed by the court if no will exists. The personal representative acts on behalf of all surviving family members who suffered losses due to the death.
New York follows a similar approach, with the personal representative of the estate filing the claim. However, New York law also allows certain family members to file directly in some circumstances. The key is ensuring the right person files the claim to avoid potential legal complications that could jeopardize your family’s compensation.
Surviving spouses, children, and sometimes parents or siblings may be entitled to compensation, but the specific relationships and their respective rights vary between states. Working with experienced legal counsel ensures the claim is filed properly and all eligible family members receive appropriate compensation.
Time limits for filing asbestos wrongful death claims are among the most critical aspects of these cases. Missing these deadlines can permanently bar your family from seeking compensation, regardless of how strong your case might be.
New Jersey generally allows two years from the date of death to file wrongful death claims. However, asbestos cases sometimes involve special circumstances that can affect this timeline. If the cause of death wasn’t immediately known to be asbestos-related, the statute of limitations might begin when the family discovers the connection.
New York also imposes a two-year statute of limitations for wrongful death claims, but the state has specific provisions for occupational disease cases. These provisions can sometimes extend the filing deadline, but they require careful legal analysis to determine if they apply to your situation.
The complexity of determining the correct filing deadline emphasizes the importance of consulting with legal counsel immediately after your loved one’s death. Even if you’re unsure whether asbestos exposure caused the death, early consultation ensures you don’t inadvertently forfeit your legal rights.
Building a successful wrongful death claim requires comprehensive documentation that establishes both the asbestos exposure and its connection to your loved one’s death. This process often involves gathering decades of employment records, medical documentation, and other evidence that may be scattered across multiple sources.
Medical records form the foundation of any asbestos wrongful death claim. These documents must clearly establish that mesothelioma or another asbestos-related disease caused the death. Pathology reports, treatment records, and physician statements all play crucial roles in proving this connection.
Employment history documentation helps identify when and where asbestos exposure occurred. This includes personnel files, union records, military service documents, and witness statements from coworkers who can verify exposure conditions. Many companies that used asbestos have since gone bankrupt, making it essential to work with attorneys who maintain extensive databases of asbestos-containing products and workplace exposures.
Financial records documenting lost income, medical expenses, and other economic losses provide the basis for calculating damages. This includes tax returns, employment records, insurance claims, and documentation of out-of-pocket medical expenses incurred during treatment.
Filing an asbestos wrongful death claim requires specialized legal knowledge beyond general personal injury law. Asbestos litigation involves complex networks of responsible companies, bankruptcy trusts, and state-specific requirements that demand attorneys who focus specifically on these cases. Experienced asbestos attorneys maintain extensive resources, including product databases, expert witness networks, and medical professional relationships essential for building strong cases that maximize compensation for grieving families.
Attorney Joseph P. Williams brings 30 years of experience fighting for mesothelioma patients and their families, with a track record of never losing a mesothelioma case. We understand that losing someone to an asbestos-related disease creates emotional and financial hardships requiring compassionate, skilled legal representation. Our team personally meets with families in their homes, providing individualized attention while handling your case as our cause, not just another legal matter. For a free consultation about your wrongful death claim options in New Jersey or New York, call us at (855) 575-6376 or complete our contact form.
Get a copy of our FREE mesothelioma e-book by attorney Joseph Williams
