WRONGFUL DEATH CLAIMS
When a loved one passes away due to mesothelioma or another asbestos-related illness, families may have the right to file a wrongful death claim. These claims help surviving family members seek compensation for their loss and hold asbestos companies accountable for the harm they caused.
Who Can File a Wrongful Death Claim?
In most states, the following individuals may be eligible to file a wrongful death claim:
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The spouse of the deceased
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Children or legal dependents
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Parents of the deceased
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The executor or representative of the estate
Laws vary by state, so it’s important to consult with one of our experienced attorneys to understand your rights.
What Compensation Is Available?
Wrongful death claims can provide financial relief for families facing the emotional and economic burden of losing a loved one. Compensation may cover:
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Medical Expenses – Costs related to treatment before death
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Funeral and Burial Costs – Expenses associated with laying a loved one to rest
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Loss of Income and Benefits – Compensation for lost wages and financial support
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Loss of Companionship – The emotional loss suffered by family members
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Pain and Suffering – Compensation for the suffering experienced by the victim before passing
How Are Wrongful Death Cases Proven?
To succeed in a wrongful death lawsuit, the following elements must be proven:
The defendant (company) exposed the deceased to asbestos – This often involves reviewing work history, military service records, or product exposure.
The asbestos exposure directly led to mesothelioma or lung cancer – Medical records and expert testimony help establish this connection.
The family suffered damages as a result of the death – Financial, emotional, and other losses must be documented.
Filing Deadlines (Statute of Limitations)
Each state has a time limit (statute of limitations) for filing a wrongful death lawsuit, typically 1 to 4 years from the date of death. Missing this deadline can prevent families from seeking compensation.