However, most people are not aware of their legal rights when this happens. The family of a decedent has rights to take legal action within two years from the death of the party lost to mesothelioma. The damages that may be awarded require specific knowledge by the courts.
What Factors are Often Considered?
When a court determines how much to award the family of a person lost to mesothelioma, they will consider a number of different factors. These will help the court understand the impact of the loss of the decedent, and what help the family deserves.
Here are some of the factors considered:
- The age of the decedent: If the person who passed away was still of age in which they could earn an income, the family may be able to ask for damages for the lost income and future earnings that were expected.
- The negligence involved: Some of the exposure to asbestos that has occurred as a result of complete negligence. Unfortunately, business owners may not provide workers with proper safety equipment or inform them of the presence of asbestos. The family may claim that this breach of duty of care was the direct cause of the condition.
- The medical and funeral expenses: The court may award the family for the cost of medical care and the funeral. These are costs the family may not be able to afford on their own, so the responsible party may be held accountable.
Proving liability and the need for compensation may be difficult to do on your own, making it increasingly important to have the proper legal representation to navigate the complex process. This is where our team comes in to help.
At Shrader & Associates L.L.P., our mesothelioma attorneys are dedicated to helping you seek the outcome you desire. We work hard to put your needs and best interests first, always seeking to give you peace of mind every step of the way.
Speak with our team about your rights. Call us at (713) 787-3733 today.