Wrongful Death Due to Talcum Powder

A wrongful death claim is a lawsuit that is brought when it is alleged that a product or an action by another person, whether an individual or corporation, has caused someone injury and that injury has resulted in their death.

Wrongful death claims are different than personal injury claims because they result in the death of a person and in most jurisdictions they trigger a shorter deadline to have their case on file. It is very important if a loved one has passed away from ovarian cancer that may be linked to talcum powder that the family contact a talcum powder attorney immediately because the statute of limitations and the deadline of all claim runs much sooner for these cases in many jurisdictions than it would for a standard personal injury claim.

Talcum Powder Wrongful Deaths

Ovarian cancer is a very aggressive form of cancer. The five-year survival rate, on average, is around 45%. Many people contact lawyers when they have Stage IV ovarian cancer. It is not always screened. It is not always caught early on. A lot of times as ovarian cancer progresses, it metastasizes in other areas of the body. Some of these people are simply terminally ill, and if a person dies as a result of cancer caused by talcum powder, that is a wrongful death claim. That is why these cases are filed.

Bringing a Wrongful Death Claim

The wrongful death claim must be brought by the personal representative of the decedent’s estate, someone the court appoints to stand in the place of the decedent and pursue their legal affairs. A personal representative can be anyone, but sometimes people will elect a personal representative in their will. Sometimes it is a family member, a friend, an heir, or a stranger. It is a case by case basis. The wrongful death claim must be brought by the personal representative of the decadent’s estate.

The Statute of Limitations

Statute limitations, in general, are a deadline imposed on every jurisdiction that states by what point someone must file their case. Typically, it is measured in years. For example, someone may be in a state that says from the date of their injury, they have one year to file their case, whether or not they knew that your injury was caused by talcum powder. Other states may say that they have two years, three years, or four years. Most jurisdictions, if it is a wrongful death case, have a shortened period of time in which someone can file. For example, some may have a four-year statute limitation for personal injury claims, but if the person passes away, they only have a two-year statute of limitation in which to file a claim for wrongful death. It is important that a person contact an attorney immediately if they feel that they have been injured as a result of talcum powder use.

Benefits of an Experienced Lawyer

A talcum powder wrongful death case is not the type of lawsuit that lawyers would advise anyone bringing on their own. While someone can represent themselves, they are dealing with a very sophisticated group of companies and they would need some very sophisticated science to prove this case, and the cost involved would be immense. It is not uncommon for a plaintiff’s law firm to spend $200,000 to $400,000 trying a case against a major company, such as Johnson & Johnson.

If a person has the financial resources, they can represent themselves. However, it is beneficial to have an attorney who is experienced in litigation, experienced in trying cases against big companies, knows their tactics, and knows who they are dealing with to pursue these cases. These are the types of cases that lawyers specialize in and develop successful strategies for over decades of experience.