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 that loss follows a diagnosis of Non-Hodgkin’s Lymphoma (NHL) linked to Roundup exposure, the grief is often compounded by a sense of injustice. Your loved one was a person, not a statistic, and their loss has left a permanent hole in your family.

At Walch Law, our family has been helping injured Californians for over 45 years. We understand that no amount of money can replace your loved one. However, a wrongful death lawsuit can provide a measure of justice, financial stability for your family’s future, and hold the manufacturer accountable for its actions. This page explains how a Roundup wrongful death claim works and how it differs from a personal injury case.

We offer a free, confidential consultation to answer your questions with compassion and clarity. You pay no fees unless and until we win a financial recovery for your family.

Wrongful Death vs. Personal Injury: What’s the Difference?

When a person is diagnosed with a Roundup-related cancer, they can file a personal injury claim to recover for their own medical bills, lost wages, and pain and suffering.

If that person tragically passes away from their cancer, the legal claim changes. The right to file a lawsuit shifts from the victim to their surviving family members. This new case is a wrongful death claim. It is designed to compensate the family for their own losses resulting from the death.

Two Claims Pursued Together: Wrongful Death and Survival Actions

After a death, there are often two distinct but related legal actions that can be pursued together:

Wrongful Death Claim: This is brought by the surviving family members (heirs) to compensate them for the losses they have personally suffered due to their loved one’s death.
Survival Action: This is brought by the estate of the person who passed away (the “decedent”). It is a continuation of the personal injury claim the decedent would have had if they had lived. It seeks to recover damages the decedent incurred before their death.

Think of it this way: the wrongful death claim is for the family’s loss, and the survival action is for the decedent’s losses.

Who Can File a Wrongful Death Claim in California?

California law specifies who is eligible to file a wrongful death lawsuit. Generally, the right belongs to the decedent’s:

Surviving spouse or domestic partner
Children
Grandchildren (if the decedent’s children are also deceased)

If there are no survivors in this line, others who were financially dependent on the decedent may be able to file. A survival action must be filed by the personal representative of the decedent’s estate. The legal rules can be complex, and it is important to speak with an attorney to understand who has the right to file in your specific situation.

Damages Available in Wrongful Death and Survival Actions

The compensation available differs significantly between the two types of claims.

Wrongful Death Damages (For the Family’s Loss)

Economic Damages:
- Loss of the financial support the decedent would have contributed to the family.
- The value of household services the decedent provided (e.g., childcare, home maintenance).
- Funeral and burial expenses.
Non-Economic Damages:
- Loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, and guidance.

Survival Action Damages (For the Decedent’s Losses Before Death)

Economic Damages:
- Medical bills incurred from the cancer treatment up to the time of death.
- Lost wages the decedent was unable to earn before they passed away.
Non-Economic Damages:
- Compensation for the decedent’s own pain, suffering, and emotional distress endured before death may be available under California law.
Punitive Damages: These are damages meant to punish the defendant. In California, they may be available in a survival action if the case goes to trial and certain criteria are met.

Evidence Unique to a Roundup Wrongful Death Case

Building a successful claim requires gathering evidence related to both the decedent’s Roundup exposure and the family’s loss. This includes:

Exposure Proof: Receipts for Roundup, employer records showing occupational use, photos, and statements from witnesses who saw the decedent use the product.
Medical Proof: The decedent’s complete medical history, including pathology reports confirming the NHL diagnosis, treatment timelines, and records of their suffering.
Proof of Family Loss: Tax returns and pay stubs to show financial dependence, along with personal testimony, photos, and videos that demonstrate the loss of companionship and guidance.
Estate Documents: Paperwork establishing the personal representative of the estate to pursue the survival action.

How Walch Law Manages Your Family’s Case

Our experienced Los Angeles Roundup wrongful death lawyers handles every aspect of your wrongful death and survival action claim with the sensitivity and strength your family deserves.

Immediate Investigation: We move quickly to preserve all evidence, from reconstructing the decedent’s exposure history to securing medical records.
Expert Team: We work with leading oncologists and toxicologists to build the strongest possible link between Roundup exposure and your loved one’s death.
Compassionate Guidance: We coordinate with the estate, explain each step in plain English, and provide regular updates so your family is always informed.
Maximizing Recovery: We build a comprehensive valuation model for all your family’s losses and aggressively negotiate a full and fair settlement. This includes managing and reducing any medical liens to maximize the net funds your family receives.

Frequently Asked Questions

1. Can multiple family members recover compensation?
Yes, a single wrongful death lawsuit is filed on behalf of all eligible heirs, and any recovery is typically divided among them.

2. What if we don’t know the exact brand of weed killer our loved one used?
That is okay. We can often identify the product through our investigation, including reviewing records and witness statements. Even some store brands contain glyphosate.

3. Do we need to have an autopsy performed?
No, an autopsy is not required. The cause of death can be established through medical records and the official death certificate.

4. How long after a death can we file a lawsuit?
Strict deadlines (statutes of limitation) apply. It is crucial to contact an attorney as soon as possible to protect your family’s rights.

5. Will we have to travel for the case?
It is highly unlikely. The vast majority of these cases are managed remotely, and you would almost certainly not need to travel for legal proceedings.

6. Do we have to pay taxes on a wrongful death settlement?
Generally, compensation from a wrongful death claim is not considered taxable income by the IRS. However, you should always consult a tax professional.

7. How much does it cost to hire Walch Law?
There are no upfront costs. We work on a contingency fee basis, which means your family pays nothing unless we win a financial recovery for you.

Contact Us for a Free, Confidential Consultation

Your family has been through enough. Let our family fight for yours. Contact Walch Law today for a free and completely confidential consultation. We will listen to your story with compassion and provide the clear guidance you need to decide on your next steps.