Can You File Asbestos Claims After Death of the Victim?

September 13, 2016

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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, regarding these fatal accidents, 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 claim. 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:
Spouses
Children
Adopted children
Stepchildren
Parents
Siblings
Grandparents
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 cases, which refers to individuals who genuinely believed that……..