In North Carolina, an increasing number of people who have lost a loved one who has died of asbestos or fatal mesothelioma are choosing to file a lawsuit to recover compensation. When a loved one has died of mesothelioma, the obvious reason that family members will point to is exposure to agents that might cause the disease such asbestos.
The son of a man who died from fatal mesothelioma is claiming that it was spurred by both a workplace illness and by environmental factors. According to the lawsuit, residences near where the man grew up had scrap metal that had been contaminated by asbestos. In addition, the son claims that his father was exposed to asbestos when he was working for National Gypsum. The lawsuit claims that the numerous defendants did not adequately test their products for possible defects and didn’t report truthfully on the defects that were found. The son is seeking compensation for his father’s medical expenses, suffering, disfigurement, loss of quality of life and other damages.
People who suffer from a workplace illness or have died due to exposure to asbestos or fatal mesothelioma need to understand how the law works in these kinds of cases. There is the possibility that, if a loved one died due to exposure, the surviving family members will be legally entitled to workers’ compensation death benefits as a result. In some states, these diseases are automatically classified as an occupational illness. Depending on the individual’s lifestyle, whether he or she smoked and other factors, the employer might try to deny workers’ compensation.
In the above case, the son is filing a lawsuit because his father was exposed to asbestos and died of fatal mesothelioma. When there is a workplace illness related to asbestos and a lawsuit is under consideration, it is smart to contact an attorney to discuss the case and its parameters before moving forward.
Source: LouisianaRecord.com, “Son sues over father’s asbestos exposure, mesothelioma,” Eliza Walker, Dec. 19, 2013