A wrongful-death claim may seek compensation when a person's death is allegedly caused by another party's legally wrongful conduct. In a mesothelioma matter, allegations may involve asbestos exposure and companies associated with products, premises or other sources.
Who may file?
State law determines who has authority. Depending on the jurisdiction, that may be a personal representative, executor, administrator or specified family member. Family relationship alone does not always confer authority to file.
An estate may need to be opened and a representative appointed. Obtain advice in the relevant jurisdiction before assuming who should act.
Wrongful-death and survival claims
A wrongful-death claim generally addresses losses suffered by qualifying survivors because of the death. A survival claim may preserve claims the deceased person could have pursued while alive. The labels, recoverable losses and procedures vary by state.
Evidence that may matter
- Medical and pathology records
- Cause-of-death documentation
- Employment, military and exposure evidence
- Product, premises and company information
- Prior lawsuits, trust claims, settlements or releases
- Financial support and service evidence
- Family relationships and estate authority
Filing deadlines
Wrongful-death deadlines may differ from personal-injury deadlines. The date of death, diagnosis, discovery rules and prior claims may matter. Do not use a general online chart as the final deadline calculation.
Potential categories of loss
Depending on state law, recoverable categories may include medical and funeral expenses, lost financial support, loss of services, companionship or consortium, and other damages. Punitive damages are available only in some circumstances and jurisdictions.
Questions for counsel
- Which state's law may apply?
- Who has authority to bring the claim?
- Must an estate be opened?
- What is the earliest possible filing deadline?
- How do prior personal-injury or trust claims affect the matter?
- Which losses and beneficiaries are recognized?
- How will fees and expenses be handled?
Important notice
This page cannot determine whether a death was legally caused by asbestos exposure, who may file, which law applies or what compensation may be available. Speak with qualified counsel for advice about a particular situation.
Legal review: [Add only after completed jurisdiction-appropriate attorney review]