Mesothelioma and other asbestos-related diseases often have devastating consequences, leading to significant health issues and, tragically, death. In California, the families of deceased victims can pursue legal action through wrongful death claims to seek compensation for their loss. This article outlines the process of filing asbestos claims after death in California, detailing eligibility, the steps involved, the types of compensation available, and the importance of legal representation.
Understanding Wrongful Death Claims
Definition and Purpose
A wrongful death claim is a legal action brought by the family or estate of a deceased person whose death was caused by the negligence or wrongful actions of another party. In the context of asbestos exposure, wrongful death claims aim to hold companies accountable for exposing individuals to asbestos and to secure compensation for the surviving family members.
Eligibility for Filing a Wrongful Death Claim
Who Can File
In California, the following parties are typically eligible to file a wrongful death claim:
- Spouse or Domestic Partner: The deceased’s legal spouse or registered domestic partner.
- Children: The deceased’s children, including biological, adopted, and stepchildren.
- Parents: If the deceased has no surviving spouse or children, the parents may be eligible to file.
- Siblings and Other Relatives: In some cases, siblings or other relatives who were financially dependent on the deceased may file a claim.
Steps to File an Asbestos Wrongful Death Claim
1. Obtain a Death Certificate and Medical Records
Securing a death certificate and comprehensive medical records is the first step. These documents should clearly indicate that the cause of death was related to an asbestos-related disease, such as mesothelioma.
2. Gather Evidence of Asbestos Exposure
Collecting evidence of the deceased’s asbestos exposure is crucial. This includes:
- Employment History: Records of the deceased’s employment, particularly in industries known for asbestos use, such as shipbuilding, construction, and manufacturing.
- Witness Statements: Testimonies from co-workers, family members, and others who can confirm the deceased’s exposure to asbestos.
- Product Identification: Information about specific asbestos-containing products the deceased was exposed to.
3. Consult an Experienced Mesothelioma Lawyer
Legal expertise is essential in navigating the complexities of a wrongful death claim. An experienced mesothelioma lawyer in California can:
- Evaluate the Case: Assess the strength of the claim and identify all potential sources of compensation.
- Gather Additional Evidence: Conduct investigations to uncover further evidence and establish liability.
- File the Claim: Prepare and submit all necessary legal documents to initiate the claim.
4. File the Claim
The lawyer will file the wrongful death claim on behalf of the family or estate. This involves:
- Drafting the Complaint: Outlining the facts of the case, the basis for liability, and the compensation sought.
- Submitting the Complaint: Filing the complaint with the appropriate court or trust fund.
- Serving the Defendants: Officially notifying the defendants of the lawsuit.
Types of Compensation in Wrongful Death Claims
Economic Damages
Compensation for financial losses related to the death, including:
- Medical Expenses: Costs incurred for the deceased’s treatment before death.
- Funeral and Burial Expenses: Costs associated with the funeral and burial services.
- Lost Income: The deceased’s lost wages and benefits, including future earning potential.
- Loss of Financial Support: Compensation for the financial support the deceased would have provided to the family.
Non-Economic Damages
Compensation for intangible losses, such as:
- Loss of Companionship: Compensation for the emotional and psychological impact of losing a loved one.
- Loss of Consortium: Compensation for the loss of marital relations, love, and companionship.
- Pain and Suffering: Compensation for the deceased’s pain and suffering endured before death.
Punitive Damages
In cases of gross negligence or willful misconduct by the defendants, courts may award punitive damages. These are intended to punish the responsible parties and deter similar behavior in the future.
Notable After Death Claim Settlements
Here is a list of some of the largest asbestos claims and settlements after death, reflecting both individual and class-action cases. These settlements often involve mesothelioma or other asbestos-related diseases, which typically have long latency periods:
- $250 million – In 2005, U.S. Steel was ordered to pay this amount to the family of Roby Whittington, who died of mesothelioma after being exposed to asbestos at one of the company’s facilities.
- $200 million – The Manville Trust was established to compensate victims of asbestos exposure related to Johns-Manville Corporation, which faced numerous lawsuits over its asbestos products. This trust has paid out over $200 million in claims.
- $190 million – A significant settlement was awarded to five plaintiffs in New York City who developed mesothelioma after exposure to asbestos in products manufactured by various companies, including Crane Co. and Goodyear.
- $120 million – In 2011, the family of a construction worker who died from mesothelioma received this large settlement. The worker had been exposed to asbestos-containing materials throughout his career.
- $110 million – This settlement was awarded to the family of a man who worked as an electrician and later developed mesothelioma. The lawsuit targeted several manufacturers of asbestos-containing products.
- $80 million – In 2003, Owens Corning agreed to pay this amount in a class-action settlement to individuals affected by asbestos-related diseases, as part of its bankruptcy proceedings.
- $75 million – The family of a former shipyard worker who died from mesothelioma was awarded this amount. The case involved multiple defendants who had manufactured or supplied asbestos products used at the shipyard.
- $60 million – W.R. Grace & Co. paid this amount in a settlement to resolve thousands of claims related to asbestos exposure at its vermiculite mine in Libby, Montana.
- $50 million – A settlement was reached in a case involving a woman who developed mesothelioma after being exposed to asbestos from her husband’s work clothes. The husband had worked with asbestos-containing products.
- $48 million – In a New Jersey case, a jury awarded this amount to the family of a man who died from mesothelioma after being exposed to asbestos while working as a plumber.
- $45 million – In another significant mesothelioma case, the family of a former construction worker received this settlement after he died from the disease, which was linked to his exposure to asbestos on job sites.
- $41 million – In 2017, a California jury awarded this amount to the family of a woman who died of mesothelioma after being exposed to asbestos in Johnson & Johnson’s talcum powder products.
- $40 million – A Texas jury awarded this amount to the family of a refinery worker who died from mesothelioma, which was caused by exposure to asbestos-containing insulation.
- $36 million – In 2014, a New York jury awarded this settlement to the family of a man who died from mesothelioma after exposure to asbestos in commercial boilers manufactured by A.O. Smith Corp.
- $35 million – The family of a former Navy worker who developed mesothelioma after exposure to asbestos on ships was awarded this amount. The case involved multiple defendants.
- $32 million – This amount was awarded to the family of a teacher who died of mesothelioma. She had been exposed to asbestos in the school buildings where she worked.
- $30 million – A Los Angeles jury awarded this amount to the family of a woman who died of mesothelioma after being exposed to asbestos in talc products manufactured by Colgate-Palmolive.
- $29 million – The family of a former mechanic who died from mesothelioma received this settlement. The mechanic had been exposed to asbestos in brake linings and gaskets.
- $25 million – In a Pennsylvania case, a jury awarded this settlement to the family of a former steelworker who died from mesothelioma, which was linked to asbestos exposure at his workplace.
- $22 million – The family of a shipyard worker who died from mesothelioma received this settlement. The worker had been exposed to asbestos while working on ships during the 1960s.
These settlements reflect the high financial cost of asbestos-related illnesses and the impact on victims and their families. Each case varies based on the circumstances, such as the level of exposure, the defendants involved, and the jurisdiction where the case was tried. The ongoing litigation and settlements underscore the long-term consequences of asbestos use, which continue to affect individuals and families across the United States.
Asbestos Trust Funds
Accessing Trust Funds
Many companies that manufactured or used asbestos-containing products have established trust funds to compensate victims. These trust funds were created through bankruptcy proceedings and are designed to provide financial support to individuals diagnosed with asbestos-related diseases, including the families of deceased victims.
Filing a Claim with a Trust Fund
The process for filing a claim with an asbestos trust fund involves:
- Submitting Evidence: Providing detailed evidence of the deceased’s asbestos exposure and medical diagnosis.
- Review and Approval: The trust fund administrators review the claim and determine the compensation amount based on established criteria.
Statute of Limitations for Wrongful Death Claims
Time Limits
California law imposes a statute of limitations on wrongful death claims. Generally, the claim must be filed within one year from the date of the deceased’s death. It is crucial to act promptly, as missing this deadline can result in the loss of the right to seek compensation.
The Role of Mesothelioma Lawyers
Legal Expertise and Advocacy
Experienced mesothelioma lawyers play a vital role in wrongful death claims. They provide:
- Case Management: Handling all aspects of the claim, from evidence gathering to filing and litigation.
- Negotiation: Engaging in settlement negotiations with defendants and trust funds to achieve fair compensation.
- Court Representation: Representing the family or estate in court, if necessary, to secure the best possible outcome.
Emotional Support and Resources
In addition to legal expertise, mesothelioma lawyers offer essential support and resources, such as:
- Medical Experts: Connecting clients with specialists who can provide expert testimony and treatment.
- Support Networks: Providing information on support groups and counseling services for the family.
- Financial Assistance: Guiding clients to financial resources and assistance programs to help manage costs.
Conclusion
Filing asbestos claims after the death of a loved one in California is a complex and challenging process, but it is a crucial step in seeking justice and compensation for the family. By understanding the eligibility requirements, gathering comprehensive evidence, and consulting experienced mesothelioma lawyers, families can navigate the legal landscape effectively. Compensation from wrongful death claims can provide financial relief for medical expenses, lost income, and emotional suffering, helping families cope with their loss. Acting promptly and seeking professional legal assistance are essential steps in ensuring that justice is served and the responsible parties are held accountable.
Additional Resources
- List of Asbestos Trusts in California
- California Asbestos Regulations
- Cities in California with the Most and Least Asbestos Issues
- Compensation & Claims for California Mesothelioma Victims
- Shipyards and Mesothelioma in California
- 25 Largest California Mesothelioma Lawsuit Settlements
- Options for Mesothelioma Treatment in California
- Mesothelioma & Asbestos Lawyer California
References
- California Department of Public Health (CDPH): Offers information on asbestos-related diseases and public health initiatives.
- Environmental Protection Agency (EPA): Provides resources on asbestos and its health risks.
- American Cancer Society: Comprehensive information on mesothelioma, asbestosis, lung cancer, and related diseases.
- Mesothelioma Applied Research Foundation: Provides support and resources for mesothelioma patients and their families, including information on filing claims and accessing legal assistance.
- Occupational Safety and Health Administration (OSHA): Regulates workplace safety and provides guidelines on asbestos exposure limits and protective measures.
