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When a person dies of from mesothelioma, their family members may be entitled to compensation under wrongful death statutes. However, depending on the victim’s place of residence and other factors, filing a lawsuit may be more complicated for some than for others.

Here are few important details to keep in mind:

Statute of Limitations

Every state has a different statute of limitations when it comes to personal injury and wrongful death lawsuits. Most states have a statute of limitations of one to three years, and once that time period is over, it’s virtually impossible to successfully file a lawsuit.

In some states, the clock starts running the moment the victim dies, while other states have a “discovery rule,” which means the clock starts running when the family discovers (or reasonably should have discovered) that mesothelioma was the cause of death.

Who Can File the Lawsuit?

In general, spouses, children and other dependents are the only ones able to file a wrongful death lawsuit. However, this varies by state. For instance, some states only allow a representative of the estate to file a lawsuit. Others allow more distant family members, such as grandparents, to file a mesothelioma wrongful death lawsuit.

It’s also important to note that, if a mesothelioma victim already received compensation for their disease, they can’t be compensated again — meaning the family can’t file a wrongful death lawsuit against the same company. However, if more than one company can be held liable, those other companies may be held liable in a mesothelioma wrongful death lawsuit.

Damages Available in a Mesothelioma Wrongful Death Lawsuit

In general, there are two types of damages that can be recovered in a mesothelioma wrongful death lawsuit: economic and noneconomic. While the limits of damages vary from state to state, you may be able to recover economic damages for:

  • Medical bills
  • Lost wages
  • Mortgage, utility and other bills
  • Funeral and other post-death expenses

And others.

While economic damages are relatively easy to put a monetary number on, noneconomic damages are more abstract. These include:

  • Pain and suffering
  • Emotional pain
  • Loss of consortium
  • Loss of counsel

And others.

While most states don’t put a cap on economic damages, many do put a cap on non-economic damages. An experienced mesothelioma wrongful death attorney can ensure families of victims receive the full compensation they deserve.