Michael Schafle, Esq.Michael Schafle, Esq.

Mesothelioma Wrongful Death Claims Easton

A wrongful death claim and a survival action are two separate filings that usually move together in Northampton County. The wrongful death claim under Pennsylvania's consolidated statutes compensates the living family…

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Wrongful Death Claims in Easton, PA
Quick answer
  • Who can file: a surviving spouse, children, or parents named as beneficiaries under 42 Pa.C.S. § 8301; a separate survival action under § 8302 is brought by the estate's personal representative.
  • How fast: Pennsylvania sets a 2-year deadline (42 Pa.C.S. § 5524) that generally runs from the date of death, so the window is firm and short.
  • What it costs upfront: $0, fees come as a percentage of any recovery, with most asbestos contingency rates falling in the 33%, 40% range confirmed in writing before any filing.
  • What it covers: lost financial support, funeral and medical bills, and the value of lost companionship and guidance, plus the decedent's own pain and suffering through the survival action.
  • How to reach us: Call (610) 817-4854 to review the diagnosis, work history, and dates with Michael Schafle, Esq.

A wrongful death claim and a survival action are two separate filings that usually move together in Northampton County. The wrongful death claim under Pennsylvania's consolidated statutes compensates the living family for what they lost, while the survival action recovers what the person who died could have claimed had they lived, including pain and suffering during the illness. Both are filed, in most Easton cases, at the Northampton County Courthouse on Washington Street in Downtown Easton, a few blocks from Centre Square.

Mesothelioma is caused almost exclusively by asbestos, with a latency period the National Cancer Institute places at 20 to 60 years between exposure and diagnosis.

That long delay is why many Lehigh Valley families are filing decades after a father or husband worked at a plant that has since closed. Exposure records tied to the asbestos standards enforced by OSHA and the construction limits under 29 CFR 1926.1101 often become central evidence. The asbestos research summarized by NIOSH and the regulatory history at the EPA asbestos program help document which materials and job sites carried the highest risk.

Step 1 is confirming the beneficiaries and whether an estate has been opened, because the personal representative must bring the survival action.

Step 2 is reconstructing the work and exposure history, the shipyards, boiler rooms, insulation, and brake work, often reaching back to the 1950s through 1980s. Step 3 is identifying the responsible companies, many of which now pay through asbestos bankruptcy trusts described by the federal courts system; the Government Accountability Office has reported on how these trusts hold billions set aside for victims. Step 4 is filing before the two-year deadline.

Step 5 is resolving the claim through trust submissions, settlement, or trial.

Decision-fit comes down to timing and who survives. If the diagnosed person is still living, a personal injury claim is the right path and the family avoids the shorter death-based deadline; if the person has already died, the wrongful death and survival actions are the correct filings and the two-year clock in the Pennsylvania General Assembly's statutes is running. Veterans exposed aboard Navy ships have an additional route through VA asbestos benefits, which can run alongside a civil claim without canceling it.

For families still handling the medical side, mesothelioma patient resources outline treatment and palliative options.

Families from College Hill, the West Ward, the South Side, The Hill, Palmer Heights, Lafayette Park, Wilson Borough, the Nazareth Road area, and Butztown are served at the kitchen table when travel is hard. The claim does not require the family to name a dollar figure or prove a guaranteed amount, recovery depends on the exposure proven, the number of responsible companies, and the beneficiaries involved. Michael Schafle, Esq.

carries the legal weight so the family can focus on each other.

How much does Wrongful Death Claims cost in Easton?

Attorney fee (contingency)typically 33%, 40% of recovery, in writing before filing; $0 if no recovery
Upfront cost to the family$0, case costs advanced and repaid only from a recovery
Wrongful death + survival action filingno out-of-pocket fee; both actions handled under one contingency agreement
Case review of diagnosis & work historyno charge to discuss

Every job gets a firm, written price after an on-site visit.

Common questions

Who can file a mesothelioma wrongful death claim in Easton, PA?
In Easton, PA a wrongful death claim is filed for the surviving spouse, children, or parents under 42 Pa.C.S. § 8301, while the related survival action is filed by the estate's personal representative under § 8302. If no estate has been opened, that step is handled as part of the case.
How long do families in Easton have to file after a mesothelioma death?
Families in Easton generally have 2 years from the date of death to file, under Pennsylvania's statute of limitations at 42 Pa.C.S. § 5524. The deadline is strict, so the dates of diagnosis and death should be reviewed early.
What does a wrongful death claim cost upfront in Easton, PA?
A mesothelioma wrongful death claim in Easton, PA costs $0 upfront. The fee is a percentage of any recovery, most asbestos contingency rates fall in the 33%, 40% range, and it is confirmed in writing before any filing, so the family pays nothing if there is no recovery.
Can an Easton family still recover if the company that caused the exposure is out of business?
Yes. Many Easton-area asbestos exposures trace to employers that have since closed, and recovery often comes through asbestos bankruptcy trusts set up to pay victims after those companies went through bankruptcy. The claim identifies which trusts and surviving defendants apply.
Does a wrongful death claim in Easton affect a veteran's VA benefits?
No. In Easton, a civil wrongful death or survival claim runs separately from VA asbestos benefits available to Navy and other veterans. A family can pursue both, and recovering through one does not cancel the other.

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