If My Family Member Died from Mesothelioma Cancer, Does Their Claim Survive Death?

By Peter DePaolis

If you lost a loved one due to an asbestos-related disease, their claim does survive death. The family keeps the claim after their loved one dies; however, your claim options depend on what state you are in, because state laws are all dramatically different.

For example, your estate can make a claim and collect damages after your death for medical bills, lost wages and bereavement of the family in Washington, D.C. and Maryland, but not in Virginia. Also, the statute of limitations for asbestos cases is two years from the date of death in Washington, D.C. and Virginia, and three years in Maryland.

If you are a person struggling to decide whether or not to pursue a lawsuit after your family member died from mesothelioma, consider this:

  • The public must hold big companies accountable for their actions. Consumers sue to make products safe, because companies must have an incentive to improve products; otherwise, people will continue to get hurt.
  • If your spouse dies due to mesothelioma cancer, you can be taken care of financially through a lawsuit, and your spouse can pass away knowing everything will be ok after they are gone.

World War II: A Generation Exposed

The World War II generation was exposed almost routinely to asbestos with no warning. Asbestos manufacturers knew about the dangers of the toxic material since the 1940s, but kept the information secret, rather than exposing the truth and losing profit. Most workers were not properly warned, and worked for 40+ years in an environment that was slowly killing them.

Mesothelioma is an exclusively asbestos-related disease, meaning that it can only be caused by exposure to asbestos. After you get a mesothelioma cancer diagnosis, you have a life expectancy of one to five years. This violent disease is not related to how long you have been exposed, meaning that even short exposure can kill you.

Koonz, McKenney, Johnson & DePaolis L.L.P.

Maryland, Washington, D.C. and Virginia Injury Attorneys

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.