About Surviving Family Members And Asbestos-Related Wrongful Death
Proving that someone died as a result of the wrongdoing or liability of someone else is the essence of a wrongful death claim. This is true of asbestos exposure claims just as it is for other types of death-related cases, such as auto accidents.
Besides proving the negligence or responsibility of a defendant in a wrongful death case, family members also need to demonstrate that they qualify for compensation.
At Savinis, Kane, & Gallucci, our attorneys will evaluate your case and help you understand how to pursue the compensation you are eligible for through mesothelioma lawsuit proceeds.
Who Can Receive Compensation After A Fatality Caused By Mesothelioma?
The following rules apply to wrongful death cases in Pennsylvania involving mesothelioma and liability:
A spouse, children, a spouse and children, or a spouse and parents may be eligible to recover compensation as described below.
- If only a spouse survives, that husband or wife receives the full amount of a settlement or verdict.
- If a spouse and children survive, the spouse receives the first $30,000 as well as half of the remaining settlement or verdict proceeds. The children equally divide the other half of that remainder.
- If only children survive but no spouse survives, the children will divide the proceeds of a claim or lawsuit.
- If a spouse and parents survive, the spouse receives the first $30,000 and the parents, if there are two, receive and divide the rest of the settlement or verdict.
Perhaps your family structure is complex, and you are not sure who qualifies as a child or parent. For clarification about eligibility for compensation stemming from a loved one’s death through asbestos exposure, consult with an attorney.
We Are Here To Guide You Toward Compensation
To discuss your loved one’s fatality brought on by mesothelioma or another asbestos-related case in Pennsylvania, turn to Savinis, Kane, & Gallucci.