Can I File a Mesothelioma Claim for a Deceased Family Member?

Wrongful Death Lawsuits

When a loved one dies from mesothelioma, surviving family members have the right to file a wrongful death lawsuit against the companies responsible for the asbestos exposure that caused the disease. These lawsuits seek compensation for the family's losses, including funeral and burial expenses, loss of financial support, loss of companionship and guidance, and the emotional suffering caused by the death.

Wrongful death claims are separate from any personal injury lawsuit the deceased may have been pursuing during their lifetime. Even if no lawsuit was filed before the patient passed away, the family can still bring a wrongful death action.

Survival Actions

If your family member had already filed a mesothelioma lawsuit before passing away, that case does not end with their death. A survival action allows the estate to continue the lawsuit on behalf of the deceased. The estate's representative (typically an executor or administrator) steps in to pursue the claim, which may recover damages for the pain and suffering the patient experienced during their illness, as well as medical expenses and other costs incurred before death.

In many cases, families pursue both a survival action (continuing the deceased's personal injury claim) and a wrongful death claim (seeking compensation for the family's own losses) simultaneously.

Who Can File

Each state defines who is eligible to file a wrongful death lawsuit. In most states, surviving spouses and children have the primary right to file. Some states also allow parents, siblings, or financial dependents to bring claims. The personal representative of the deceased's estate typically files on behalf of all eligible family members.

An experienced mesothelioma attorney can advise you on who is eligible under your state's law and how to structure the claim to maximize compensation for the entire family.

Time Limits for Filing

Wrongful death claims have their own statutes of limitations, which are separate from the deadlines for personal injury lawsuits. In most states, the wrongful death statute of limitations begins running on the date of death. Depending on the state, you may have as little as one year or as many as three years to file.

Because these deadlines are strict and vary by state, it is important to consult with an attorney as soon as possible after a loved one's passing. Acting promptly preserves your rights and gives your legal team the time needed to build a strong case.

Additional Compensation Sources

In addition to wrongful death lawsuits, surviving family members may be eligible for asbestos trust fund claims filed on behalf of the deceased. Veterans' families may also qualify for VA survivor benefits. An experienced attorney ensures that every available source of compensation is identified and pursued on your family's behalf.