Mesothelioma is a devastating disease—one that often claims lives before victims have a chance to pursue legal action. In California, surviving family members have the right to file wrongful death claims against the companies responsible for asbestos exposure. These claims can provide financial relief, accountability, and a sense of justice. This article explains how wrongful death lawsuits work in California, who can file, what compensation is available, and how to navigate the process during a time of grief.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to the negligence or misconduct of another party. In mesothelioma cases, these claims are typically brought against:
- Manufacturers of asbestos-containing products
- Employers who failed to protect workers
- Property owners who allowed asbestos exposure
- Contractors or suppliers who contributed to unsafe conditions
Wrongful death claims are separate from personal injury lawsuits and are filed after the victim has passed away.
Who Can File a Wrongful Death Claim in California?
Under California Code of Civil Procedure § 377.60, the following individuals may file a wrongful death claim:
- Spouse or registered domestic partner
- Children, including adopted and stepchildren
- Parents, if the deceased had no surviving spouse or children
- Financial dependents, such as siblings or other relatives
- Estate representatives, including executors or administrators
Only one wrongful death claim may be filed, but multiple eligible parties can join as plaintiffs.
Statute of Limitations
California imposes a strict deadline for filing:
- Two years from the date of death (Code Civ. Proc. § 335.1)
- Six months for claims against public entities (Gov. Code § 911.2)
Missing these deadlines may result in losing the right to pursue compensation. Families should consult an attorney as soon as possible to preserve their claim.
What Must Be Proven?
To succeed in a wrongful death claim, plaintiffs must show:
- The victim was exposed to asbestos
- The exposure was caused by the defendant’s product or conduct
- The exposure led to mesothelioma
- The mesothelioma caused the victim’s death
- The plaintiffs suffered financial or emotional harm
California courts accept cumulative exposure theories, meaning plaintiffs don’t need to prove exposure to a single product—just that the defendant’s product contributed to the overall risk.
Types of Compensation Available
Wrongful death claims may result in substantial compensation, including:
Economic Damages
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and benefits
- Loss of financial support
Non-Economic Damages
- Loss of companionship and consortium
- Emotional distress
- Pain and suffering (in survival actions)
Punitive Damages
In cases of gross negligence or willful misconduct, courts may award punitive damages to punish the defendant and deter future harm.
Survival Actions vs. Wrongful Death Claims
California allows both:
- Wrongful death claims compensate surviving family members
- Survival actions (Code Civ. Proc. § 377.30) allow the estate to recover damages the victim could have claimed before death
These actions are often filed together to maximize compensation.
Real-Life Example
A Navy veteran in California passed away from mesothelioma after decades of exposure aboard ships. His widow filed a wrongful death claim against multiple asbestos manufacturers. The legal team:
- Verified his service records and exposure history
- Presented expert testimony on causation
- Filed claims with several asbestos trust funds
The case settled for $2.3 million, covering funeral costs, lost income, and emotional damages.
How to File a Wrongful Death Claim
1. Gather Documentation
- Death certificate
- Medical records confirming mesothelioma
- Employment and military history
- Product exposure evidence
2. Consult a Mesothelioma Attorney
Choose a lawyer experienced in California asbestos litigation. They will:
- Evaluate the case
- Identify liable parties
- File the claim within deadlines
- Negotiate settlements or prepare for trial
3. File the Claim
The attorney will draft and submit the complaint, serve defendants, and begin the discovery process.
4. Pursue Compensation
Most cases settle out of court, but some proceed to trial. Compensation may come from:
- Jury verdicts
- Settlements
- Asbestos trust funds
- Veterans benefits
Why Legal Representation Matters
Wrongful death claims are complex and emotionally taxing. An experienced attorney can:
- Navigate California’s legal system
- Preserve evidence
- Maximize compensation
- Handle negotiations and court proceedings
Most work on a contingency basis, meaning no upfront fees and payment only if you win.
Final Thoughts
Wrongful death claims for mesothelioma victims in California offer families a path to justice and financial relief. While no lawsuit can replace a loved one, holding negligent companies accountable can provide closure and support. By understanding your rights, acting within deadlines, and working with a skilled attorney, you can honor your loved one’s legacy and secure the compensation your family deserves.
References
- California Code of Civil Procedure § 377.60. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.60
- California Code of Civil Procedure § 335.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
- California Government Code § 911.2. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
- California Code of Civil Procedure § 377.30. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.30
- Mesothelioma Hope – Wrongful Death Lawsuits
- Personal Injury San Diego – Mesothelioma Lawsuit & Asbestos Claims After Death
- AsbestosClaims.Law – California Mesothelioma Lawsuits