In general, a lawsuit can only be filed by the person who has been harmed by the defendant’s actions. However, in the case of mesothelioma, the plaintiff may have died before the lawsuit was filed, or while the lawsuit was still pending. In these cases, the plaintiff’s family members or other representatives may be able to file a wrongful death lawsuit on the plaintiff’s behalf.
Wrongful Death Lawsuits
A wrongful death lawsuit is a civil action that is filed by the family members or other representatives of a person who has died due to the negligent or intentional actions of another party. In the case of mesothelioma, a wrongful death lawsuit may be filed against the manufacturers and distributors of asbestos-containing products that caused the plaintiff’s exposure to asbestos and subsequent development of mesothelioma.
To file a wrongful death lawsuit, the plaintiff must be able to prove that the defendant’s actions were the direct cause of the plaintiff’s death. This may require extensive investigation, expert testimony, and medical evidence. The damages that may be awarded in a wrongful death lawsuit include compensation for the deceased person’s medical expenses, funeral expenses, lost income, and pain and suffering.
Survival Actions
In addition to a wrongful death lawsuit, the plaintiff’s estate may also be able to file a survival action on behalf of the deceased person. A survival action is a legal action that is brought by the plaintiff’s estate to recover damages for the harm that the plaintiff suffered before his or her death. In the case of mesothelioma, a survival action may be brought to recover damages for the plaintiff’s medical expenses, lost income, and pain and suffering that occurred before the plaintiff’s death. The damages that may be awarded in a survival action are separate from the damages that may be awarded in a wrongful death lawsuit.
Statutes of Limitations
It is important to note that there are statutes of limitations that govern the filing of wrongful death and survival actions. A statute of limitations is a deadline that specifies how long a plaintiff has to file a lawsuit after the harm occurred. The statute of limitations for wrongful death and survival actions varies by state, and may range from one to five years.
Why Choose the Throneberry Law Firm?
If you are considering filing an asbestos/mesothelioma lawsuit on behalf of a deceased loved one, it is important to choose an experienced and knowledgeable attorney who can help you navigate the legal process. The Throneberry Law Firm is a nationwide law firm that specializes in mesothelioma and asbestos claims. Founded by Attorney Michael Throneberry, the firm is dedicated to providing compassionate and effective representation to clients who have been harmed by asbestos exposure.
The Throneberry Law Firm offers a free consultation to anyone who is considering filing an asbestos/mesothelioma lawsuit. Contact the Throneberry Law Firm today to schedule a free consultation and learn more about your legal options.
FAQ
What is the difference between a mesothelioma personal injury claim and a wrongful death claim?
A personal injury claim is filed by a living mesothelioma patient seeking compensation for medical expenses, lost income, pain and suffering, and future care needs. A wrongful death claim is filed by surviving family members or an estate representative after a mesothelioma patient passes away. It seeks compensation for funeral expenses, loss of companionship, and loss of financial support. Both are based on asbestos exposure and negligence but differ in who files them and the damages available.
Who can file a wrongful death claim after a mesothelioma death?
Surviving family members—such as a spouse, children, or other dependents—or the personal representative of the deceased’s estate may file a mesothelioma wrongful death claim. The specific rules for who can file vary by state. An experienced mesothelioma attorney can determine who qualifies in your state and guide the family through the process of filing a claim and recovering compensation.
How does a mesothelioma wrongful death case work for surviving families?
The firm starts with a compassionate, confidential, free consultation to understand the family’s unique situation. Attorneys conduct a thorough investigation to gather evidence and establish the link between asbestos exposure and the loved one’s passing. They pursue all available compensation avenues—including asbestos trust fund claims and lawsuits—while handling all legal aspects so the family can grieve and heal without any upfront financial obligations.
What compensation is available in a mesothelioma wrongful death claim?
A mesothelioma wrongful death claim can recover compensation for medical bills incurred before death, funeral and burial expenses, loss of financial support provided by the deceased, and loss of companionship or consortium. Depending on the circumstances, punitive damages may also be available if the asbestos company’s conduct was particularly egregious. These claims have strict filing deadlines, so families should contact an attorney as soon as possible.
What resources does Throneberry Law Group offer to families of mesothelioma victims?
The firm provides comprehensive support beyond legal representation. This includes guiding families in accessing treatment options, patient advocacy groups, and support organizations focused on asbestos-related illnesses. The firm also helps manage financial challenges such as medical bills and lost wages, assists with long-term care planning, and provides regular case updates so families never feel left in the dark during the legal process.
What is expected of me if I pursue a mesothelioma case while dealing with serious illness?
Your main responsibility is to provide information and participate as your health allows. Early on, you may be asked to share details about your work history, military service, medical diagnosis, and known asbestos exposure. You may also participate in a deposition—often conducted at your home or a medical facility. Beyond that, the legal team handles investigations, filings, negotiations, and court proceedings on your behalf so you can focus on treatment and family.
Can a mesothelioma claim be filed for secondary or household asbestos exposure?
Yes. Many mesothelioma claims involve secondary or household exposure—such as family members who laundered contaminated work clothing or lived with someone who worked around asbestos. Attorneys investigate the full exposure pathway, examine occupations, work sites, and asbestos-contaminated products, and work with investigators and medical professionals to establish the causal link between secondary exposure and the resulting illness.
