California Roundup Wrongful Death Cases: How They Work and How They Differ from Personal Injury Claims

Losing a family member to cancer is a devastating experience. When you learn that their illness may have been caused by exposure to a product like the herbicide Roundup, that grief is often mixed with anger and a desire for answers. Filing a lawsuit may be the furthest thing from your mind, but it is a critical step toward holding manufacturers accountable and securing your family’s financial future.

A Roundup wrongful death claim is fundamentally different from a personal injury case filed by a living plaintiff. It involves distinct legal actions, different timelines, and unique types of evidence. At Walch Law, our family has guided grieving families through these complex claims for over 45 years. Our consultations are always free and confidential, and you pay nothing unless we win a recovery for you.

Who Can File a Claim in California?

After a fatal accident or illness caused by negligence, California law allows for two types of claims to be filed, often together in one lawsuit:

Wrongful Death Claim: This claim is brought by the victim’s surviving heirs to compensate them for the losses they have suffered. Under California Code of Civil Procedure § 377.60, eligible heirs typically include the surviving spouse, domestic partner, and children.
Survival Action: This claim is brought by the personal representative of the deceased’s estate to recover for the harm the victim suffered before they died. Thanks to a recent change in the law (SB 447), this now includes the victim’s pre-death pain and suffering.

These two claims work in tandem to provide a full measure of justice for both the victim and their surviving family members.

How a Roundup Wrongful Death Case Works: Step-by-Step

Navigating a Roundup wrongful death case is a meticulous process that requires an experienced legal team. Here are the key steps involved.

1. Intake and Exposure Investigation
The first step is a thorough investigation into the decedent’s exposure to Roundup. We work with the family to document every potential source, including use at home in the garden, occupational exposure at work, or even exposure from living near heavily treated areas. We look for purchase records, employer information, and specific product identification.

2. Opening an Estate
To file a survival action, a personal representative (or executor) must be appointed for the deceased’s estate. We guide families through this probate court process. We also obtain the official death certificate and any coroner or autopsy reports.

3. Evidence Preservation
Time is critical. We immediately send preservation letters to secure key evidence, including:

Complete medical and oncology records.
Pathology reports and, when available, the physical biopsy slides used to diagnose the cancer.
Notes from treating physicians.
Contact information for witnesses who can confirm exposure.

4. Identifying Defendants and Legal Theories
The primary defendant is typically the manufacturer of Roundup. However, other parties like distributors or retailers could also be involved. We build the case based on legal theories like failure to warn, design defect, negligence, and consumer protection violations.

5. Filing the Claims
We file both the wrongful death claim on behalf of the heirs and the survival action on behalf of the estate. These claims are often coordinated with any existing Multi-District Litigation (MDL) or state-level consolidated proceedings.

6. Discovery and Expert Testimony
This is where we build the scientific core of the case. We work with a team of nationally recognized experts in fields like oncology, epidemiology (the study of disease patterns), toxicology, and exposure science. We also retain economists to calculate the family’s financial losses and use the testimony of friends and family to demonstrate the depth of the non-economic loss.

7. Negotiation, Mediation, and Trial
While many cases settle, we prepare every case as if it will go to trial. We present our evidence in negotiations or mediation to argue for a fair settlement. If the manufacturer refuses to offer just compensation, we are fully prepared to take the case before a jury.

What Damages Are Available and How They Differ

The two types of claims recover different types of damages.

Wrongful Death Damages (for the Heirs):
- Lost financial support, benefits, and gifts the victim would have provided.
- The value of lost household services.
- Loss of love, companionship, comfort, care, and guidance.
- Funeral and burial expenses.
Survival Action Damages (for the Estate):
- All medical bills incurred by the victim before death.
- Lost wages the victim suffered between their diagnosis and death.
- The victim’s own pre-death pain, suffering, and disfigurement (under SB 447).
- Punitive damages, which are intended to punish the defendant for their conduct.

Deadlines and Timelines Are Critical

In California, the statute of limitations for a wrongful death claim is generally two years from the date of death. The “discovery rule” can be complex in these cases, so it is vital to have your specific timeline reviewed by an attorney immediately. If a government entity is somehow involved, a formal claim must be filed within six months.

Evidence Families Can Gather Now

While your legal team will lead the investigation, families can help by gathering:

A list of all Roundup products used, and any old bottles or containers.
Purchase receipts from stores like Home Depot, Lowe’s, or agricultural suppliers.
Photos or videos showing the decedent using Roundup at home or work.
Employment records, pay stubs, or contact information for former coworkers.
Lawn care service schedules or gardening logs.
A timeline of medical care and a list of all treating doctors and hospitals.
Information on where pathology slides or tissue samples are stored.
Receipts for funeral and burial expenses.

Practical Guidance for Your Family

Do not speak to any investigators or insurance adjusters representing the manufacturer.
Preserve all social media accounts, phones, and computers that may contain relevant photos or communications.
Designate one family member to be the primary point of contact with your legal team.
Seek out grief counseling and support resources to help your family through this difficult time.

Let Our Family Help Yours- California Roundup Wrongful Death Lawsuit

You do not have to face this fight alone. The attorneys at Walch Law understand the unique pain of losing a loved one to a disease caused by corporate negligence. We will handle every aspect of your case with compassion and skill, allowing your family to focus on healing. Contact us today for a free, confidential consultation.