What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim filed by the surviving family members or estate representative of someone who died due to another party's negligence or misconduct. In mesothelioma cases, these lawsuits hold asbestos companies accountable for exposing workers and others to deadly asbestos fibers.
Wrongful death claims are separate from—and can be filed in addition to—any personal injury lawsuit the patient may have initiated before passing. If the patient had already filed a lawsuit, the family can often continue that case while also pursuing wrongful death damages.
Time-Sensitive: Shorter Deadlines
Wrongful death claims often have shorter deadlines than personal injury claims. Many states allow only 1-2 years from the date of death to file. Acting quickly preserves your family's legal rights.
Who Can File a Wrongful Death Lawsuit?
Each state has specific rules about who can file wrongful death claims. Generally, the following family members may have standing:
Surviving Spouse
First priority in all statesCan typically file on behalf of the entire family
Children
Equal or secondary to spouseAdult and minor children may file; minors require guardians
Parents
If no spouse or childrenCan file if the deceased had no spouse or descendants
Estate Representative
On behalf of estatePersonal representative files survival action for estate
Some states allow additional relatives like siblings or dependents to file, particularly if there are no closer surviving relatives. An attorney familiar with your state's laws can advise on who should file the claim.
Types of Compensation Available
Wrongful death lawsuits can recover several categories of damages:
Medical Expenses
Outstanding treatment costs incurred before the patient passed away, including hospital bills, medications, and hospice care.
Funeral & Burial Costs
Expenses related to funeral services, burial or cremation, memorial services, and related costs.
Lost Financial Support
Future income the deceased would have provided, calculated based on earning potential, age, and life expectancy.
Loss of Companionship
Compensation for the emotional loss of the relationship, including guidance, love, and support.
Pain & Suffering
Damages for the pain and suffering the patient endured before passing, in states that allow survival claims.
Punitive Damages
Additional damages to punish defendants for egregious conduct, available when asbestos exposure was willfully concealed.
Wrongful Death vs. Survival Actions
Many states allow families to file two types of claims, each compensating different parties:
Wrongful Death Claims
Who benefits: Surviving family members
What's covered: Family's losses—lost financial support, funeral costs, loss of companionship, grief
Who files: Spouse, children, or designated family members
Survival Actions
Who benefits: The deceased's estate
What's covered: The patient's losses—pain and suffering before death, medical costs, lost wages
Who files: Estate representative or executor
Filing both types of claims together often maximizes total compensation for the family. An experienced mesothelioma attorney can coordinate both claims efficiently.
State Filing Deadlines
Wrongful death statutes of limitations vary by state and are often shorter than personal injury deadlines. Here are examples from major states:
| State | Deadline | Measured From |
|---|---|---|
| California | 2 years | From date of death |
| Texas | 2 years | From date of death |
| Florida | 2 years | From date of death |
| New York | 2 years | From date of death |
| Pennsylvania | 2 years | From date of death |
| Illinois | 2 years | From date of death |
| Louisiana | 1 year | From date of death |
| Tennessee | 1 year | From date of death |
| Kentucky | 1 year | From date of death |
See full state-by-state filing deadlines →
The Legal Process
Here's what to expect when pursuing a wrongful death claim:
Initial Consultation
Attorney reviews the case, identifies defendants, and explains the family's legal options. Free for most mesothelioma cases.
Investigation
Legal team gathers evidence: medical records, work history, witness statements, and exposure documentation.
Filing Claims
Wrongful death lawsuit filed in appropriate court; trust fund claims submitted to applicable asbestos trusts.
Discovery & Negotiation
Evidence exchanged between parties. Most cases settle during this phase without going to trial.
Resolution
Settlement reached or case proceeds to trial. Compensation distributed to eligible family members.
Frequently Asked Questions
How long does a wrongful death lawsuit take?
Most mesothelioma wrongful death cases resolve within 12-24 months. Cases that settle during negotiations are faster; trials take longer. Trust fund claims often pay within 3-12 months.
Can we continue a lawsuit the patient already started?
Yes. If your loved one filed a personal injury lawsuit before passing, that case typically continues as a "survival action." The family may also file a separate wrongful death claim for their own damages.
What if we don't know where the asbestos exposure occurred?
Mesothelioma attorneys specialize in reconstructing exposure histories. They use work records, co-worker testimony, product databases, and other sources to identify where and how exposure happened.
Are wrongful death settlements taxable?
Generally, wrongful death settlements for physical injury or illness are not taxable as income. Punitive damages and interest may be taxable. Consult a tax professional for your specific situation.
How is compensation divided among family members?
Distribution varies by state law and whether there's a will or estate plan. Courts typically allocate based on relationship and financial dependency. An attorney can explain how your state handles distribution.
What if the company that caused the exposure went bankrupt?
Many bankrupt asbestos companies established trust funds specifically to pay victims. Your family can file claims with these trusts in addition to suing any remaining solvent defendants.
This information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.