Mesothelioma Compensation: What Happens When a Patient Passes Away During a Lawsuit
Mesothelioma cases can be complex, especially when the patient passes away before the case is finalized. Attorney Paul Danziger explains the process and reassures families about compensation in these difficult situations. Here’s what you need to know:
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Compensation Continues After Death
When a mesothelioma patient passes away before their case is resolved, it doesn’t mean the end of compensation. The designated representative or beneficiary will receive the compensation the patient would have gotten. Importantly, the value of the case and the amount of compensation typically remain unchanged.
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Additional Claims May Arise
In some states, new legal avenues open up after a patient’s death. The surviving spouse may have their own cause of action, allowing them to seek additional compensation. This can include claims for loss of consortium, adding to the overall compensation the family receives.
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Multiple Sources of Compensation
Families may be entitled to compensation from various sources after a mesothelioma patient’s death. These can include:
– The original claim filed by the patient
– Survivor benefits for the spouse
– Additional claims that arise due to the patient’s death
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Legal Representation Continues
Law firms like Danziger & De Llano continue to represent the family even after the patient’s passing. They ensure that all possible avenues for compensation are explored and that the family’s rights are protected throughout the process.
This summary provides reassurance to mesothelioma patients and their families that their legal rights and potential compensation are protected, even in the unfortunate event of the patient’s death during the legal process.
Frequency Answers Questions
What happens to a mesothelioma lawsuit if the patient passes away before it's finalized?
The lawsuit continues, and compensation is still awarded. The designated representative or beneficiary chosen by the patient will receive the compensation that the patient would have received if they had survived.
Does the value of the case decrease if the patient dies during the legal process?
No, the value of the case typically does not decrease. According to Attorney Paul Danziger, the amount of compensation usually remains the same as it would have been if the patient had survived.
Are there any additional claims that can be made after a mesothelioma patient's death?
Yes, in some states, additional claims can arise after the patient's death. For example, the surviving spouse may have their own cause of action, allowing them to seek compensation for losses such as loss of consortium.
Can families receive compensation from multiple sources after a mesothelioma patient's death?
Yes, families may be entitled to compensation from various sources, including:
1. The original claim filed by the patient
2. Survivor benefits for the spouse
3. Additional claims that arise due to the patient's death
Will the law firm continue to represent the family after the patient's death?
Yes, law firms like Danziger & De Llano continue to represent the family even after the patient's passing. They ensure all possible avenues for compensation are explored and the family's rights are protected throughout the process.
Should families be concerned about losing compensation if the patient passes away during the lawsuit?
No, families should not be concerned about losing compensation. As Attorney Danziger states, "You will get compensated one way or another." The legal process is designed to protect the rights of mesothelioma victims and their families, even in the event of the patient's death.
