What If My Loved One Has Passed Away?

A question often arises, "What happens if my loved one with mesothelioma should pass away?" If a person passes away from mesothelioma after a lawsuit is filed, then the lawsuit will continue on behalf of his or her estate. Typically, the spouse will be appointed executor or personal representative of the estate and the lawsuit will continue to resolution.

However, sometimes the person has passed away from mesothelioma before the family contacts a lawyer. Even then, it is not too late, as long as the lawyer is contacted quickly. The Statute of Limitations Rule, which in some states provides two years to file a lawsuit from the original diagnosis of mesothelioma, still applies even if the person should pass away from mesothelioma. Thus, as long as it is two years from the date of the diagnosis of mesothelioma, the person's estate may still bring a lawsuit.