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Mesothelioma Problem

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DisabledDame

Junior Member
What is the name of your state? North Carolina but also Connecticut. My father died of Mesothelioma while living in NC. When we were little we lived in CT and that's where he was exposed. He was a machinist and also worked on automobiles, doing brake work etc. My family lived in a garage apartment for awhile, where his garage was beneath our living area. I helped him rebuild cars and often made gaskets for him. Realistically, we were all exposed. But, he was diagnosed with mesothelioma and died a horrible death. If my parents had remained married filing a suite would not be problem...however, dad remarried twice after leaving mom and when he died he left everything to his third wife and she was executrix (sp?) on his will. We kids didn't contest the will for fear she would countersue us...and I didn't feel we had a sound reason to do that anyhow. I was involved in initiating a claim for mom and us kids and used a firm I found online. They were all hip to go after the asbestos manufacturers, they called me regularly, sent me forms, etc...and then they found out that dad's will left everything to his last wife...that was when they told me we couldn't do a thing without the last wife's involvement. They also asked me where she lived and what her name was, for all I know they contacted her and are currently pursueing such claim. I am perplexed and deeply saddened in the fact that this woman was never exposed as mom and us kids were and I feel we have a certain undeniable right to file a lawsuit without the last wife's involvement...somebody out there, please, set me straight...I realize she was the executrix and yet I don't think this is fair to my family in lieu of the circumstances. Somehow I am having difficulty getting it through my head that we don't have a case here without the last wife he had. It's just a shame. Comments????? :confused:
 


persona

Junior Member
Things To Consider

California but not specific to California advice.

In order to file a wrongful death claim, you will need to have some idea or monetary value of the damages such as:

A. Immediate expenses associated with the death (medical & funeral)
B. Pain and suffering, or mental anguish to the survivors
C. Loss of care, protection, companionship to the survivors
D. Punitive damages

You'll also need to check out the statute of limitations for your state since each state is different.

Check with another personal injury attorney also. In fact, there are many places online to post your case to an attorney or group of attorneys.
 
DisabledDame said:
What is the name of your state? North Carolina but also Connecticut. My father died of Mesothelioma while living in NC. When we were little we lived in CT and that's where he was exposed. He was a machinist and also worked on automobiles, doing brake work etc. My family lived in a garage apartment for awhile, where his garage was beneath our living area. I helped him rebuild cars and often made gaskets for him. Realistically, we were all exposed. But, he was diagnosed with mesothelioma and died a horrible death. If my parents had remained married filing a suite would not be problem...however, dad remarried twice after leaving mom and when he died he left everything to his third wife and she was executrix (sp?) on his will. We kids didn't contest the will for fear she would countersue us...and I didn't feel we had a sound reason to do that anyhow. I was involved in initiating a claim for mom and us kids and used a firm I found online. They were all hip to go after the asbestos manufacturers, they called me regularly, sent me forms, etc...and then they found out that dad's will left everything to his last wife...that was when they told me we couldn't do a thing without the last wife's involvement. They also asked me where she lived and what her name was, for all I know they contacted her and are currently pursueing such claim. I am perplexed and deeply saddened in the fact that this woman was never exposed as mom and us kids were and I feel we have a certain undeniable right to file a lawsuit without the last wife's involvement...somebody out there, please, set me straight...I realize she was the executrix and yet I don't think this is fair to my family in lieu of the circumstances. Somehow I am having difficulty getting it through my head that we don't have a case here without the last wife he had. It's just a shame. Comments????? :confused:
My hunch is that you probably would need the cooperation of the person who was the executrix of the estate (the third wife.) He is the one who suffered the injury. She would sue on his behalf. Possibly you might have a wrongful death lawsuit because of your relationship to him. It depends on the law of your particular state. With Indiana, I think you'd be SOL.

As far as your claim that you should be able to sue for his death because of your exposure to asbestos, you're mixing two different things - suing on his behalf and bringing a lawsuit for yourself. The former was addressed above. As far as the latter, unless and until you have an injury (develop meso for example) you probably won't be able to sue, at least successfully. You can't sue on the theory that years down the road, you'll become sick.
 

foreverman

Junior Member
A Mesothelioma Attorney can take legal action against asbestos makers and associates. Mesothelioma attorneys have shown and proven that these companies were negligent because they knew asbestos was a carcinogen and dangerous for the workers, for decades.

A Mesothelioma attorney will have to look at the following factors to make your claim:

Statute of Limitations
Identify Your Exposure
Responsible Parties
 

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