When mesothelioma takes a loved one, you and your family likely face overwhelming grief alongside mounting medical bills and lost income. A mesothelioma wrongful death claim provides a legal pathway for you and other surviving family members to seek compensation from the companies responsible for asbestos exposure that led to your loved one’s death.
At The Williams Law Firm, P.C., we understand the profound loss you experience after losing someone to mesothelioma. Our founding partner, Attorney Joseph P. Williams, brings 30 years of experience fighting for families affected by asbestos-related diseases and has never lost a mesothelioma case. We handle wrongful death claims with the sensitivity and dedication your family deserves during this difficult time.
A mesothelioma wrongful death claim is a legal action filed by surviving family members after someone dies from mesothelioma caused by asbestos exposure. These claims hold negligent companies accountable for exposing workers to asbestos without proper warnings or safety measures.
Unlike personal injury claims filed by living patients, wrongful death claims focus on the losses suffered by surviving family members. These losses often include funeral expenses, medical bills from the final illness, lost financial support, and the emotional impact of losing a family member.
Wrongful death claims recognize that mesothelioma deaths are preventable tragedies. Companies that manufactured, distributed, or used asbestos-containing products knew about the dangers but failed to protect workers and consumers. When their negligence results in death, you and your family have the right to pursue justice and financial recovery.
State laws specify who may file a mesothelioma wrongful death claim. The personal representative or executor of the deceased person’s estate typically files the claim on behalf of eligible family members.
Eligible family members generally include the following:
The personal representative must file the claim within the statute of limitations, which varies by state. In New York, families generally have two years from the date of death to file. Missing this deadline can result in losing the right to compensation, making it important to consult an attorney promptly.
Even if your loved one never filed a personal injury claim before their death, you may still pursue a wrongful death claim. We help families navigate these complex legal requirements and ensure all eligible family members receive consideration in the claim.
Mesothelioma wrongful death claims seek compensation for various losses your family has endured. Our dedicated lawyers fight to recover the maximum compensation available under the law, which may include the following types of damages:
Financial damages in wrongful death claims may include the following:
Medical costs associated with mesothelioma treatment can reach hundreds of thousands of dollars. These expenses often include hospitalizations, chemotherapy, radiation, surgical procedures, medications, and palliative care. Wrongful death claims allow families to recover these costs that should never have been necessary if companies had properly warned workers about asbestos dangers.
The loss of future earnings represents another significant component of economic damages. If your loved one was working or would have continued working for years, your family has lost that financial support. We calculate these losses based on your loved one’s income, work history, career trajectory, and expected retirement age.
Beyond financial losses, wrongful death claims also address non-economic damages. These include compensation for the loss of companionship, guidance, and emotional support your loved one provided. While no amount of money can replace someone you love, this compensation acknowledges the profound impact of your loss.
Courts recognize that surviving spouses lose not only financial support but also the comfort, care, and partnership their husband or wife provided. Children lose the guidance, nurturing, and presence of a parent. These intangible losses deserve recognition and compensation.
In cases involving particularly egregious conduct by asbestos companies, courts may award punitive damages. These damages punish wrongdoing and deter similar conduct in the future. When companies knowingly expose workers to deadly asbestos fibers without adequate warnings or protection, punitive damages hold them accountable for this reckless behavior.
Many families worry about the cost of hiring an attorney during an already financially stressful time. At The Williams Law Firm, P.C., we work on a contingency fee basis, which means you pay no upfront costs or hourly fees.
Under a contingency fee arrangement, you only pay attorney fees from any compensation we recover for your family. If we don’t win your case, you owe us nothing. This structure allows you to pursue justice without worrying about legal bills adding to your financial burden.
The contingency fee percentage is agreed upon at the beginning of your case and is paid only if we successfully recover compensation through a settlement or a trial verdict. This arrangement aligns our interests with yours in that we only succeed when you do. It also allows us to invest the time and resources necessary to build the strongest possible case without requiring payment during your time of grief.
Filing a mesothelioma wrongful death claim involves several important steps. We guide families through the following steps of this process with compassion and expertise:
The process begins with gathering evidence to establish the link between asbestos exposure and your loved one’s mesothelioma. This includes medical records, employment history, and documentation of asbestos-containing products your loved one encountered. Attorney Williams uses actual naval archive records for cases involving military service, providing comprehensive evidence of asbestos exposure on ships.
We then identify all potentially liable parties, which may include multiple companies involved in manufacturing, distributing, or using asbestos products. Many of these companies have established asbestos trust funds specifically to compensate victims and their families.
Once we file your claim, the legal process may involve negotiations with defendants or trust funds. Many mesothelioma wrongful death claims settle without going to trial, providing families with compensation more quickly. However, if a fair settlement cannot be reached, we are fully prepared to take your case to trial. Attorney Williams has successfully tried hundreds of cases before New York juries.
https://www.youtube.com/watch?v=knxnvRBMduE
Losing someone to mesothelioma is devastating, and you deserve an attorney who treats your case with the gravity it deserves. Attorney Joseph P. Williams has represented over 1,000 families affected by asbestos exposure and recovered hundreds of millions of dollars in compensation.
His undefeated record in mesothelioma cases reflects his dedication to securing justice for families. We handle wrongful death claims as our cause, not just another case. Attorney Williams personally meets with families in their homes and works directly on each case, ensuring you receive experienced counsel rather than being passed to less experienced attorneys.
Our personalized approach means your family receives the attention and support you need during this challenging time. We understand that no legal victory can bring back your loved one, but we are committed to holding negligent companies accountable and securing the financial resources your family needs to move forward.
If you have lost a loved one to mesothelioma, The Williams Law Firm, P.C. is here to fight for you. Attorney Williams brings three decades of proven experience and an unwavering commitment to every family we represent. Our team treats every wrongful death case with the respect and dedication it deserves, working tirelessly to secure the compensation your family needs.
We recognize that this is an incredibly difficult time for your family, and we are here to shoulder the legal burden so you can focus on healing. Schedule a free consultation to discuss your legal options and learn how we can help your family pursue justice.
Get a copy of our FREE mesothelioma e-book by attorney Joseph Williams
