Seeking Justice for Families
Mesothelioma is a terminal illness caused by asbestos exposure that was preventable. When a family loses a loved one to this disease, the companies that manufactured, distributed, or used asbestos-containing products should be held accountable. A wrongful death claim provides a legal path for surviving family members to seek compensation for their loss.
At Whitman Mesothelioma Law Firm, we understand that no amount of money can replace your loved one. What a wrongful death claim can do is provide financial stability for your family, hold negligent companies responsible, and ensure that the person you lost is not forgotten by the legal system.
Who Can File a Wrongful Death Claim
The right to file a wrongful death claim depends on state law and the relationship to the deceased. In California and Texas, the following individuals typically have standing to bring a wrongful death action:
- Surviving spouse or domestic partner — The spouse or registered domestic partner of the deceased has priority standing in most jurisdictions.
- Children — Both biological and legally adopted children may file a claim, regardless of age.
- Parents — If the deceased has no surviving spouse or children, parents may have the right to file.
- Other dependents — In some cases, individuals who were financially dependent on the deceased may have standing, such as stepchildren or putative spouses.
- Estate representative — The personal representative of the deceased's estate may file a survival action to recover damages the deceased suffered before death.
Damages Available in Wrongful Death Cases
Wrongful death claims and survival actions each provide different categories of compensation:
Wrongful Death Damages
These compensate the surviving family for their own losses:
- Loss of the deceased's income and financial support
- Loss of love, companionship, comfort, and guidance
- Loss of household services the deceased provided
- Funeral and burial expenses
- Loss of anticipated inheritance
Survival Action Damages
These recover damages on behalf of the deceased's estate:
- Medical expenses incurred before death
- Pain and suffering endured by the deceased
- Lost wages from the time of diagnosis through death
- Punitive damages in cases involving egregious misconduct
The Wrongful Death Legal Process
Our attorneys guide families through every step of the wrongful death claims process:
- Initial consultation. We meet with your family to understand the circumstances of your loved one's diagnosis, exposure history, and passing. This consultation is free and confidential.
- Investigation. Our team identifies the companies responsible for the asbestos exposure that caused your loved one's illness, using employment records, product databases, and expert analysis.
- Filing claims. We file wrongful death lawsuits and survival actions against responsible parties, as well as trust fund claims against bankrupt asbestos companies.
- Negotiation and litigation. We pursue fair settlements while preparing for trial. Our attorneys have the courtroom experience to take your case before a jury if necessary.
- Resolution. We work to resolve your case efficiently while ensuring your family receives full and fair compensation.
Statute of Limitations
Time limits for filing wrongful death claims are strictly enforced:
- California: One year from the date of death for wrongful death claims.
- Texas: Two years from the date of death for wrongful death claims.
Because gathering evidence and identifying defendants takes time, we strongly encourage families to consult with an attorney as soon as possible after the loss of a loved one to mesothelioma.
Frequently Asked Questions About Wrongful Death Claims
Who can file a wrongful death claim for mesothelioma in California?
Under California law, a wrongful death claim may be filed by the surviving spouse or domestic partner, children, or grandchildren of the deceased. If none of these individuals exist, the claim may be brought by anyone who would be entitled to the property of the deceased by intestate succession, such as parents or siblings. In addition, the personal representative of the estate may file a separate survival action.
What is the statute of limitations for a mesothelioma wrongful death claim?
In California, the statute of limitations for wrongful death claims is generally one year from the date of death. In Texas, the deadline is two years from the date of death. However, these timelines can be affected by various factors, so it is important to consult an attorney as soon as possible to protect your legal rights.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their losses, such as loss of financial support, loss of companionship, and funeral expenses. A survival action is brought on behalf of the deceased person's estate and seeks compensation for the damages the deceased suffered before death, including medical expenses, pain and suffering, and lost wages. In many mesothelioma cases, both types of claims are pursued simultaneously.
Can we still file a wrongful death claim if our loved one never filed a lawsuit?
Yes. Family members can file a wrongful death claim even if the deceased person never initiated legal action during their lifetime. The wrongful death claim is a separate legal action on behalf of the surviving family. Additionally, a survival action can be filed by the estate to recover damages the deceased would have been entitled to.
What compensation is available in a mesothelioma wrongful death case?
Wrongful death damages may include loss of the deceased's expected income and financial contributions, loss of love, companionship, comfort, and guidance, funeral and burial expenses, and loss of household services. Through a survival action, the estate may also recover the deceased's medical expenses, pain and suffering before death, and lost earnings. In cases involving particularly egregious conduct, punitive damages may also be available.
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