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Preserving your claim for compensation after you are gone

One of the most devastating realities of asbestos-related illnesses is that they often lie dormant for so long. By the time a person is diagnosed with a condition like mesothelioma, it can already be very advanced; a patient may only have a matter of weeks or months to live, according to statistics by the American Cancer Society.

With this in mind, we want to remind victims of these illnesses that there are some steps you can take to ensure your voice is available throughout the course of the legal process. This can be especially critical in cases where a person passes away before a personal injury claim can be resolved, and estate representatives must pursue it as a wrongful death claim.

  1. Keep your estate representative or executor involved in your claim. The more familiar he or she is with your specific case, the easier it can be to take over when and if the time comes to do so. Further, the more he or she knows about you, your illness and your wishes, the more prepared he or she can be to fight for what you wanted.
  2. Know your options for preserving your testimony. You may wish to preserve your testimony in writing or as a video recording, which can be helpful. Understand, though, that defendants can and often do challenge the admissibility of such testimonies, so it is important to talk to your attorney about the best way to prepare such information.
  3. Compile information that may be helpful during the legal process. For instance, documenting where you worked as well as the names and contact information of people with whom you worked can be incredibly helpful in providing guidance and clarity when you are not available to answer questions yourself.

Considering the fact that economic, non-economic and punitive damages could be at stake in personal injury and/or wrongful death claims, it can be incredibly valuable to provide and protect as much direct information as you can.

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National Mesothelioma, Asbestos & Injury Law Firm

1640 S. Frontage Road Suite 200 Hastings, MN 55033 Toll Free: 800-620-1829 Phone: 651-304-6708 Fax: 651-437-2732 Hastings Law Office Map