Mesothelioma Lawsuits: My husband died of mesothelioma very soon after he was diagnosed, and I know he was exposed to asbestos at work over a period of several years. I have no idea who manufactured the asbestos or exactly where the exposure was. Is it still possible to bring a claim on his behalf?
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Yes, as long as you are within the time period you have to sue, you can still bring a wrongful death mesothelioma lawsuit as your husband’s spouse.
Although it can be challenging to connect the work history of someone who has died to the development of mesothelioma, it can be done. A wrongful death mesothelioma lawsuit brought on your husband’s behalf might require testimony from individuals who remember working with him, and who can provide the necessary information about your husband’s work history and product exposure. It is likely that enough people who worked with your husband also have asbestos exposure that led to mesothelioma or asbestosis, so it might not be too difficult to track down the responsible employer(s) and manufacturers.
In civil actions for damages or wrongful death due to asbestos exposure, legal responsibility for mesothelioma on the part of a manufacturer is often determined under the law of product liability. A product liability case arises when someone uses, or is exposed to, a dangerous product that injures them.
Of course, when you are bringing a claim based on exposure that happened such a long time ago, there are many challenges. Co-workers may have also died, and those who remain may not remember details. It is important to seek the counsel of an attorney experienced with wrongful death mesothelioma claims to make sure you get the best possible result.