By Michael Throneberry, founder of Throneberry Law Group
Losing someone to mesothelioma is incredibly tough, and it is normal to feel overwhelmed about what comes next, especially when it comes to your legal options. Often, close family members or the deceased’s estate can file a mesothelioma wrongful death claim. This type of lawsuit lets families seek financial help from the companies that exposed their loved one to asbestos.
Indeed, no amount of money can bring someone back. However, a wrongful death claim can ease some of the financial stress and ensure negligent manufacturers, employers, or property owners are held accountable. Our founder, Michael Throneberry, started this firm after his father-in-law died of mesothelioma, so this part of the law is personal to us.
Who Can File a Wrongful Death Claim?
Eligibility depends on the laws of the state you live in, but most of the time, a surviving spouse, children, parents, or the estate’s personal representative can file a claim. In some states, financially dependent family members or domestic partners can also take action.
If the diagnosed person had already started a mesothelioma personal injury lawsuit before passing away, the estate might be able to continue that case. This is called a survival action.
The rules vary by state, so it is a good idea to talk to an attorney right away to determine who has the legal authority to file a claim.
What Can Families Recover?
Mesothelioma wrongful death claims focus on the losses faced by the family, not just the harm suffered by the person who died. Compensation can help cover things like:
- Medical bills: the cost of mesothelioma treatment and care
- Funeral and burial costs: the expenses of laying your loved one to rest
- Lost income: the future financial support the family counted on
- Loss of companionship: the guidance, comfort, and help around the home that is now gone
- Other losses: additional financial harm caused by the death
How much a claim is worth depends on things like the person’s age, earning capacity, and the circumstances surrounding their asbestos exposure.
Are There Other Legal Options?
A wrongful death lawsuit is not the only path forward. Depending on your family’s situation, you might also qualify for asbestos trust fund claims set up by companies that went bankrupt. If your loved one was a veteran exposed to asbestos in the military, your family might also be eligible for certain veterans’ benefits.
In some situations, it is possible to pursue more than one option at the same time.
How Do You File a Wrongful Death Claim?
Every case is different, but usually, the process starts with an attorney gathering important documents like medical and employment records, military service records if relevant, and evidence of asbestos exposure.
Additional documents often include the death certificate, records confirming a mesothelioma diagnosis, work or union records, statements from former coworkers, and information about asbestos-containing products or job sites.
Once there is enough evidence, your attorney files a claim against the companies responsible. Many of these cases settle out of court, but if a fair agreement cannot be reached, some go to trial.
Don’t Wait Too Long
Every state has a deadline (the statute of limitations) for filing wrongful death claims, usually starting from the date of death. If you miss that window, you could lose your right to compensation. Also, it is smart to act quickly, since waiting can make it harder to track down important records or witnesses.
Because mesothelioma can surface decades after exposure, the companies responsible may have merged, closed, or filed for bankruptcy long ago. That does not have to stop a claim. Bankruptcy trusts, solvent successor companies, and other parties can still be pursued, but tracking them down takes a work history and an investigation. Federal health agencies note that signs of mesothelioma may not appear until 30 to 40 years after exposure, which is exactly why acting soon after a diagnosis or a death protects your options.
Nationwide Mesothelioma Lawyers at Throneberry Law Group
If your family has lost someone to mesothelioma, you do not have to face the legal side alone. Our attorneys can explain who may be able to file, handle the paperwork, and protect your deadlines.
This work is personal for founder Michael Throneberry, we keep our caseload small so every family gets real attention, and we serve Spanish-speaking clients. When you are ready, tell us your story through our free contact form.
