What is a wrongful death claim?
A wrongful death claim allows family members to seek compensation when a person dies because of someone else's wrongdoing. With mesothelioma, that wrongdoing is usually the decision by manufacturers to sell asbestos products while knowing — or having reason to know — that they were dangerous.
A wrongful death claim can be filed even if your loved one never filed a claim while they were alive. If they had already started a case, the family or estate can often continue it.
There's no pressure to decide anything today. A free, confidential conversation can help you understand your options and the deadlines that apply, so you can make the right decision for your family.
Who can file a wrongful death claim?
Who may file depends on state law, but it usually includes:
Surviving spouse
The husband, wife, or in some states domestic partner.
Children
Adult or minor children of the person who passed away.
Parents & dependents
In some states, parents or other financial dependents.
Estate representative
The executor or personal representative named for the estate.
In many states, the claim is filed by the estate's personal representative on behalf of the family. An attorney can explain who should file under your state's law.
Wrongful death vs. survival claims
Families sometimes have two kinds of claims available:
| Wrongful death claim | Survival claim | |
|---|---|---|
| Who it compensates | The family members left behind | The estate, for what the person suffered |
| Examples of losses | Lost financial support, loss of companionship, funeral costs | Medical bills, lost wages, pain and suffering before death |
| Who files | Family or estate representative (varies by state) | Estate representative |
What compensation can cover
- Medical and hospice bills from your loved one's illness
- Funeral and burial expenses
- Lost income and financial support your family relied on
- Loss of companionship, care, and guidance
- Pain and suffering your loved one experienced (through a survival claim)
Families may also be able to file asbestos trust fund claims and, if the person was a veteran, apply for VA survivor benefits.
Wrongful death deadlines
Wrongful death claims have their own statute of limitations, which often starts on the date of death rather than the date of diagnosis. In many states it's between one and three years. Because the clock may already be running, it's important to get answers soon.
How the process works for families
- A free conversation
Tell us about your loved one, their diagnosis, and their work or military history.
- Investigation
Attorneys rebuild the exposure history using records, co-workers, and product databases.
- Filing
Wrongful death, survival, and trust claims are filed as appropriate.
- Resolution
Most cases settle out of court. You won't need to travel.
Free, compassionate, and confidential. No cost unless there's a recovery.
