Wrongful death claims for families
When someone dies of mesothelioma, their family may be able to bring a claim against the companies responsible for the asbestos exposure. There is no need to decide anything right away, but the deadlines are real.
Last reviewed October 27, 2026 against the sources listed at the end of this page.
In short
- A wrongful death claim compensates the family for their loss. A survival claim carries on the claim the person had while living.
- In South Carolina, both are brought by the executor or administrator of the estate (S.C. Code 15-51-20).
- South Carolina wrongful death actions must be brought within three years of the death (S.C. Code 15-3-530(6)).
- In South Carolina, a court must approve any settlement of a wrongful death or survival action (S.C. Code 15-51-41).
- Surviving spouses of veterans may also qualify for VA Dependency and Indemnity Compensation.
Two kinds of claims after a death
Most states recognize two related claims:
- A wrongful death claim belongs to the family members the law names. It compensates them for their own losses from the death.
- A survival claim continues the claim the person could have brought while alive, for their own injuries, pain, and expenses. It belongs to the estate.
They are often brought together. Each state's law defines who can bring them, who benefits, and what can be recovered.
South Carolina
The South Carolina Code sets out the basics:
- When a claim exists. If a death is caused by the wrongful act, neglect, or default of another, and the person could have sued had they lived, the party responsible is liable for damages (15-51-10).
- Who benefits. The action is for the benefit of the spouse and children. If there are none, the parents. If there are none, the heirs (15-51-20).
- Who brings it. The executor or administrator of the person's estate (15-51-20).
- Damages. A jury may award damages in proportion to the injury to the beneficiaries, and exemplary (punitive) damages when the wrongful act was reckless, willful, or malicious. Amounts recovered are divided as they would be under intestate succession (15-51-40).
- Survival. Claims for injury to the person survive to the personal representative (15-5-90).
- Funeral expenses. Reasonable funeral expenses may be recovered in either the wrongful death or survival action, but in only one of them (15-5-100).
- Court approval. Any settlement of a wrongful death or survival action must be approved by a probate court, circuit court, or federal district court (15-51-41 and 15-51-42).
- Deadline. Three years, beginning upon the death (15-3-530(6)).
Other states differ, sometimes a great deal. Confirm the rules with a lawyer licensed where the case would be filed.
Records to keep
- the death certificate
- medical records and the pathology report confirming mesothelioma
- the person's work and military history (see asbestos exposure)
- probate court papers naming the executor or administrator
- funeral and medical bills
Please do not send these through any website form. A lawyer will tell you how to share them securely.
Veterans' families
If the person who died was a veteran and the death was service-connected, a surviving spouse, child, or parent may qualify for Dependency and Indemnity Compensation (DIC) from VA. This is separate from any claim against product manufacturers. See veterans and VA benefits.
Trust fund claims after a death
Many asbestos trusts accept claims filed on behalf of a person who has died, usually by the estate. Each trust's rules govern who may file and what proof is needed. See asbestos trust funds.
When you are ready
Our free case review form has a place to note that the person has died and roughly when, so a participating firm can check the timing first. There is no cost and no obligation.
Tell us what happened. A lawyer from a participating firm can call you to talk through your options.
Start the free reviewCommon questions
Do I need to open an estate first?
In South Carolina, wrongful death and survival claims are brought in the name of the executor or administrator, so someone usually needs to be appointed by the probate court. A lawyer can help with that step or work with a probate lawyer.
My loved one already had a lawsuit when they died. What happens to it?
In South Carolina, claims for personal injury survive to the personal representative (S.C. Code 15-5-90), so a pending case can often continue. If the person's own case already went to final judgment before death, S.C. Code 15-51-60 says the wrongful death statute does not apply. A lawyer can explain how this works in your state.
Is it disrespectful to think about a claim while grieving?
Many families wait until they feel ready, and that is fine. It can help to note the date of death and keep medical records and the death certificate, so that whenever you are ready, nothing important has been lost.
This page is general information, not legal advice. Laws and deadlines differ by state and change; confirm anything that matters with a licensed attorney in your state. No one can promise how a claim will turn out.
Sources
- S.C. Code 15-51-10 to 15-51-60: wrongful death, beneficiaries, damages, and court approval of settlements (South Carolina Legislature)
- S.C. Code 15-5-90 and 15-5-100: survival of actions and funeral expenses (South Carolina Legislature)
- S.C. Code 15-3-530(6): three years from death (South Carolina Legislature)
- Dependency and Indemnity Compensation (VA.gov)