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How To File a Mesothelioma Claim After a Loved One’s Death

Published on Mar 20, 2024 at 4:35 pm in Mesothelioma.

Losing a loved one to mesothelioma is a devastating experience, compounded by the knowledge that their illness was likely caused by exposure to asbestos.

In the midst of grief, navigating the legal process to file a mesothelioma claim in Chicago can feel overwhelming. However, understanding the steps involved and seeking the right support can ease the burden during this challenging time.

Understanding Mesothelioma and Asbestos Exposure

Mesothelioma is a rare and aggressive form of cancer that primarily affects the lining of the lungs, heart, or abdomen. It is almost exclusively caused by exposure to asbestos, a silica-based mineral once commonly used in various industries for its heat-resistant properties.

Despite its known dangers, asbestos was widely used in construction, shipbuilding, and manufacturing for decades, leading to countless cases of mesothelioma.

There are roughly 3,000 new cases of mesothelioma diagnosed in the United States each year; 80% of these patients report previous asbestos exposure.

Seeking Legal Assistance

When filing a claim in Chicago, it is crucial to seek legal assistance from attorneys experienced in handling mesothelioma and asbestos-related cases.

These legal professionals have the knowledge and resources to guide you through the complexities of the legal process, assure compliance with the Illinois Wrongful Death Act statutes, and ensure your rights are protected. They can also help determine the best course of action for pursuing compensation on behalf of your loved one.

Gathering Evidence

To support your mesothelioma claim, gathering evidence is essential. This evidence may include medical records documenting your loved one’s diagnosis and treatment, as well as any documentation linking their illness to asbestos exposure.

It can be helpful to gather information about your loved one’s employment history, including details of any workplace exposure to asbestos.

Filing a Wrongful Death Lawsuit

In cases where a loved one has passed away from mesothelioma, filing a wrongful death lawsuit may be necessary to seek compensation on behalf of their estate and surviving family members.

Wrongful death claims allow eligible family members, such as spouses, children, or parents, to pursue damages for the losses they have suffered as a result of their loved one’s death.

Navigating the Legal Process

The legal process for filing a mesothelioma claim in Chicago can be complex and time-consuming.

It typically involves various stages, including investigation, negotiation, and potential litigation.

Throughout this process, your legal team will work diligently to build a strong case on your behalf and advocate for the compensation you deserve.

Understanding Compensation

Compensation in mesothelioma claims can cover a range of damages, including medical expenses, lost wages, pain and suffering, and funeral expenses. The amount of compensation awarded will depend on various factors, including:

  • Medical Expenses: Mesothelioma treatment can be costly, often involving surgery, chemotherapy, radiation therapy, and other medical interventions. Compensation may include reimbursement for past medical expenses as well as coverage for future medical costs related to ongoing treatment or care.
  • Lost Wages: Mesothelioma can result in significant time away from work due to illness, treatment, and recovery. Compensation may include reimbursement for lost wages and income, including both past earnings and future earning potential that has been impacted by the illness.
  • Pain and Suffering: Mesothelioma can cause physical pain, emotional distress, and a diminished quality of life for both the individual suffering from the illness and their loved ones. Compensation may be awarded for the pain and suffering endured as a result of the illness, treatment, and related hardships.
  • Loss of Consortium: This type of compensation is awarded to spouses or partners for the loss of companionship, support, and intimacy resulting from their loved one’s illness or death.
  • Funeral Expenses: In cases where a loved one has passed away from mesothelioma, compensation may cover the costs associated with their funeral and burial arrangements. These expenses can include funeral home fees, burial or cremation costs, and related services.
  • Punitive Damages: In some cases, punitive damages may be awarded as a form of punishment for particularly egregious conduct on the part of the defendant. Punitive damages are intended to deter similar behavior in the future and to hold negligent parties accountable for their actions.

The amount of compensation awarded in mesothelioma claims can vary widely depending on factors such as the severity of the illness, the extent of the individual’s exposure to asbestos, the financial impact on the individual and their family, and the jurisdiction in which the claim is filed.

Experienced mesothelioma attorneys can help assess the potential value of a claim and advocate for maximum compensation on behalf of their clients.

While no amount of compensation can undo the pain of losing a loved one to mesothelioma, pursuing a claim can provide a sense of closure and justice. Holding negligent parties accountable for their actions can help prevent future cases of mesothelioma and ensure that others do not suffer the same fate.

Filing a mesothelioma claim in Chicago after the death of a loved one is a challenging process, but with the right support and guidance, it is possible to navigate the legal system and seek the compensation you deserve.

By understanding the steps involved, seeking legal assistance, and gathering evidence, you can ensure that your loved one’s memory is honored and their legacy is protected. While nothing can erase the pain of loss, pursuing a claim can provide a sense of closure and justice for you and your family.

If you have any questions about a mesothelioma wrongful death claim, our experienced attorneys at Schweickert Ganassin Krzak Rundio, LLP are ready to help you find answers.

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