What is the procedure for filing an asbestos-related wrongful death claim?

When an individual has died due to exposure to asbestos, their family may be able to file a wrongful death claim in order to seek justice and compensation from any parties responsible for the death. In New York, the procedure for filing an asbestos-related wrongful death claim involves several steps. First, the family of the deceased must establish that the death was caused by the negligent or intentional actions of someone else. This is done through proving that the individual died as a direct result of exposure to asbestos. If this is proven, then the family can move on to the next step. Second, the family must identify any parties that may be responsible for the death, such as the manufacturer of the asbestos product, employers, property owners, and any other parties that may have been negligent in their duty to keep the deceased safe. Third, the family must notify all responsible parties of the claim by sending them a formal written notice that specifies the amount of damages they are seeking. Fourth, the family should consult an experienced wrongful death attorney who specializes in asbestos-related claims. The attorney will be able to help the family understand their rights and navigate the legal process, and can help them assess their legal options and identify all potential responsible parties. Finally, if all parties are not able to come to a settlement agreement, the family may then proceed to file a wrongful death claim in court, which usually involves a long and complex process involving both pre-trial and trial proceedings.

What is the procedure for filing an asbestos-related wrongful death claim?

Related FAQs

Related Blog Posts