What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action filed after someone dies due to another party's negligence or wrongful conduct. In mesothelioma cases, these lawsuits target the companies that manufactured, sold, or used asbestos-containing products—knowing they were dangerous.
Unlike personal injury lawsuits filed by living patients, wrongful death claims are brought by surviving family members or the estate of the deceased. These cases seek to recover damages for both the victim's suffering before death and the family's losses after.
Key Distinction
If the mesothelioma patient was already pursuing a personal injury lawsuit before their death, that case may continue as a survival action, while a separate wrongful death claim addresses the family's losses.
Who Can File a Wrongful Death Lawsuit?
State laws determine who has legal standing to file a wrongful death claim. Generally, the following family members may file:
- Spouse: The surviving husband or wife (in all states)
- Children: Biological and adopted children
- Parents: If the deceased had no spouse or children
- Domestic partners: In some states
- Estate representative: The executor or administrator of the estate
- Financial dependents: Those who relied on the deceased for support
In some states, only the personal representative of the estate can file, while others allow family members to file directly. An attorney can clarify who has standing in your state.
Types of Compensation
Wrongful death lawsuits can recover two categories of damages:
Damages for the Family
- Loss of financial support: Future income the deceased would have provided
- Loss of benefits: Health insurance, pension, retirement contributions
- Loss of companionship: Called "loss of consortium" for spouses
- Loss of parental guidance: For minor children
- Funeral and burial expenses: Reasonable costs of final arrangements
- Medical bills: Treatment costs incurred before death
Damages for the Deceased (Survival Damages)
- Pain and suffering: Physical and emotional distress before death
- Lost wages: Income lost between diagnosis and death
- Medical expenses: All treatment costs
Punitive Damages
In cases where defendants showed particularly reckless disregard for safety, courts may award punitive damages to punish the wrongdoers and deter similar conduct. Many large verdicts in asbestos cases include significant punitive awards.
Statute of Limitations by State
The statute of limitations for wrongful death claims is separate from personal injury deadlines and typically begins running from the date of death—not the diagnosis date.
| State | Deadline | Starts From |
|---|---|---|
| California | 2 years | Date of death |
| Florida | 2 years | Date of death |
| Illinois | 2 years | Date of death |
| New York | 2 years | Date of death |
| Pennsylvania | 2 years | Date of death |
| Texas | 2 years | Date of death |
*Deadlines vary by state. Some states have discovery rules that may affect timing. Consult an attorney promptly.
Time-Sensitive
Missing the statute of limitations deadline typically means losing the right to file—forever. If you've lost a loved one to mesothelioma, consult with an attorney as soon as possible to preserve your legal options.
The Filing Process
Wrongful death lawsuits in mesothelioma cases typically follow these steps:
- Consultation with an attorney
An experienced mesothelioma lawyer reviews the case, identifies defendants, and explains your options.
- Investigation
The legal team researches the deceased's work history, identifies asbestos exposure sources, and gathers evidence.
- Filing the complaint
The lawsuit is filed in the appropriate court, naming the responsible companies as defendants.
- Discovery
Both sides exchange documents, conduct depositions, and gather evidence. This phase can take months to years.
- Settlement negotiations
Most cases settle before trial. Defendants often prefer to avoid the uncertainty and publicity of a verdict.
- Trial (if necessary)
If settlement isn't reached, the case goes before a judge or jury for a verdict.
Average Settlements & Verdicts
Mesothelioma wrongful death cases have resulted in significant compensation for families:
- Settlements: Typically range from $1 million to $2.4 million
- Trial verdicts: Can exceed $10 million in cases with clear evidence and egregious conduct
- Trust fund claims: Additional $300,000–$400,000 average from asbestos trusts
Compensation amounts depend on factors including the deceased's age, earning capacity, number of dependents, strength of evidence, and the defendants' conduct.
Next Steps for Families
If you've lost a loved one to mesothelioma:
- Gather documentation: Death certificate, medical records, work history, military service records
- Identify exposure sources: Where and when did the deceased encounter asbestos?
- Consult an attorney: Most mesothelioma lawyers offer free consultations and work on contingency
- Act quickly: Statutes of limitations can be as short as 1-2 years from death
Important Considerations
MesoWatch provides educational information, not legal advice. Every wrongful death case is unique. An experienced mesothelioma attorney can evaluate your situation, explain your options, and guide you through the legal process.