The law is often described as being an area where there are a lot of black and white situations. The truth is this is rarely the case. One such issue arises with an asbestos-Mesothelioma lawsuit which faces the possibility of being a wrongful death action.

Asbestos is a miracle material. It is extremely heat resistant, which makes it a perfect insulator wherever heat is an issue. From the 1940s through the 1970s, this meant it was used heavily in everything from naval ships to roofing shingles to insulation in schools to the brake pads on your car. There was only one small little problem. It turns out breathing in asbestos fibers can lead to asbestosis [scarring of the lungs], lung cancer or Mesothelioma.

The classic Mesothelioma case is one where the plaintiff argues that they have picked up the cancer because they worked in an area where they were exposed to asbestos. The claims against manufacturers of the asbestos would be based on the legal theory of product liability. Claims against the companies that hired the employees, however, would more often be based on negligence or willful misconduct. Both theories could be brought in the same lawsuit and, in most areas, must be.

A legal issue that often arises is whether the action can be considered a wrongful death lawsuit. The issue arises because Mesothelioma is a very hard form of cancer to diagnose. This means that it usually is only discovered at a very late stage, one in which the patient may not have much time to live. In such a situation, the idea of filing a lawsuit is often the last thing on the mind of family members and things drag out. Once filed, however, the victim may ultimately expire during the case.

So, what happens? The courts in most jurisdictions tend to view the issue as splitting hairs. While they each handle it a bit differently, what is clear is the lawsuit is allowed to proceed and, if proven, the estate or surviving members of the family are allowed too recover against the defendants. Put another way, the defendants are not able to escape responsibility simply because the victim dies.