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Wrongful Death Lawsuit

A wrongful death lawsuit is a legal action filed by the surviving family members or estate of a person who died as a result of another party's negligence or wrongful conduct. In mesothelioma cases, these lawsuits hold asbestos companies accountable for the exposure that caused the patient's fatal disease.

When a mesothelioma patient passes away, their surviving spouse, children, or estate representative can file a wrongful death lawsuit against the companies responsible for the patient's asbestos exposure. These claims seek compensation for medical expenses, funeral costs, lost income, loss of companionship, and the pain and suffering the patient endured.

Wrongful death claims have their own statute of limitations, which typically begins running from the date of death — not the date of diagnosis. This deadline varies by state and can be as short as one year. Family members should consult an attorney promptly to ensure their rights are preserved. Learn more about wrongful death mesothelioma lawsuits.

Wrongful death lawsuits can be filed alongside asbestos trust fund claims. If the deceased patient had already filed a personal injury claim before death, the wrongful death claim may be added to or filed separately from the existing case. Both settlement and trial verdict are possible outcomes. Explore compensation options for families.

Quick Facts
Also known as
Wrongful death claim, Survivor lawsuit
Category
Legal
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Common Questions
Who can file a wrongful death lawsuit for mesothelioma?

Surviving spouses, children, or the estate representative of a person who died from mesothelioma can file a wrongful death lawsuit against responsible asbestos companies.

How long do you have to file a wrongful death claim for mesothelioma?

The statute of limitations for wrongful death typically begins from the date of death, not the date of diagnosis, and varies by state from 1 to 3 years.

Source: American Bar Association (ABA)
Reviewed by Paul Danziger, J.D. ·

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