When a family loses a loved one, it is always a difficult thing to handle. When it happens because of an asbestos-related disease, there may be more you can do about it. Diseases like lung cancer, mesothelioma, and asbestosis are often the fault of your loved one’s former employer, a manufacturer, or other party that exposed them to the dangerous substance. Under Arkansas law, you can file a wrongful death action to seek compensation for everything you have been through as a result of this loss.
At Edward O. Moody, P.A., our asbestos injury attorneys can help you file a wrongful death claim. Don’t wait, reach out to us to learn about your rights to compensation.
Who Can File a Wrongful Death Claim for Asbestos Exposure in Arkansas?
Our state’s laws allow specific people to seek compensation after a wrongful death. For asbestos cases, these usually include:
The Personal Representative of the Deceased Person’s Estate
This is the preferred filer under Arkansas law. The representative acts on behalf of all beneficiaries.
If No Personal Representative is Appointed
If there is no personal representative, the following family members may file directly
- Surviving spouse
- Children (including adopted children)
- Parents
- Siblings
- Individuals standing “in loco parentis” to the deceased
- Individuals to whom the deceased stood “in loco parentis”
What Do You Have to Prove to Win Wrongful Death Compensation?
To win a case, families have to show how the asbestos exposure occurred, and how it led to the loved one’s death. They must identify which party is legally responsible for the exposure and death. Key elements include:
1. Exposure to Asbestos
You must show that the deceased was exposed to asbestos-containing products, materials, or environments. This may involve:
- Employment records from industrial, construction, or manufacturing sites
- Testimony from coworkers
- Documentation of asbestos-containing products used at job sites
- Evidence of secondary exposure
2. An Asbestos-Related Disease as a Result
Medical documentation has to show that the loved one had an asbestos-related disease, such as:
- Mesothelioma
- Lung cancer
- Asbestosis
- Other asbestos-related respiratory conditions
3. Negligence or Liability
You’ll also have to show that some responsible party failed to protect, warn, or otherwise prevent exposure.
Examples include:
- Employers who don’t provide protective equipment
- Manufacturers who sold asbestos-containing products without warnings
- Property owners who didn’t properly address asbestos hazards
4. Damages Resulting From the Death
This can include:
- Funeral costs
- Other financial losses
- Emotional harm
- Loss of companionship and support
- Other impacts on the surviving loved ones
What Compensation Is Available in an Arkansas Asbestos Wrongful Death Claim?
You can seek both economic and non-economic damages in your wrongful death case.
These may include:
- Medical expenses
- Funeral and burial costs
- Loss of financial support, including future income the deceased would have provided
- Loss of household services
- Loss of companionship, guidance, and care
- Mental anguish
In some cases, punitive damages could be available if the conduct was intentional or especially reckless.
Why Legal Representation Matters in Asbestos Wrongful Death Cases
Asbestos litigation is highly specialized. These cases often involve:
- Decades-old exposure histories
- Multiple job sites and product manufacturers
- Complex medical evidence
- Corporate defendants that no longer exist or have reorganized
- Access to asbestos trust funds
Get Started on Your Arkansas Wrongful Death Claim for Asbestos Exposure
Talking to a qualified attorney can help you get started on the path towards compensation. While no amount of money can heal the grief you feel, it can help deal with the practical fallout of losing a loved one because of another party’s actions. You have the right to seek that compensation in these situations.
Let the dedicated asbestos exposure attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.