Mesothelioma Wrongful Death Lawsuit

What Is a Mesothelioma Wrongful Death Lawsuit?

A mesothelioma wrongful death lawsuit is usually filed against manufacturers of asbestos-containing products, who hid the dangers for decades. Family members can sue these companies because their loved ones would still be alive if they had not been exposed to asbestos, the only known cause of mesothelioma cancer.

Mesothelioma wrongful death lawsuits offer two potential paths to compensation: a settlement or a trial verdict. Settlements are reached out of court while verdicts require the case to be brought before a judge or jury. Nearly all mesothelioma cases settle out of court.

Each U.S. state and territory has its own laws that affect how and when wrongful death lawsuits are filed. In some states, families only have 1 year after their loved one died to file a lawsuit.

The time to file a wrongful death lawsuit is limited. Get a free consultation today to learn if you or another family member can file a claim.

Key Facts on Asbestos Claims After Death

• Who can file: Surviving family members or anyone representing the victim’s estate
• Payout timeline: Many families get their first payouts within 90 days
• Average settlement amount: Between $1 million and $1.4 million
• Deadlines to file: Varies by state but can be as short as 1 year
• Who will pay out: The asbestos companies responsible for your loved one’s exposure
• How the money can be used: For anything you need, such as unpaid medical bills, funeral costs, daily living expenses, and grief counseling

Who Can File a Mesothelioma Wrongful Death Lawsuit?

Generally speaking, family members or legal representatives of the person who passed away qualify to file a mesothelioma wrongful death lawsuit.

One of the asbestos victim’s surviving family members — usually a spouse or adult child — can file a mesothelioma wrongful death claim. However, anyone representing the victim’s estate can file a mesothelioma lawsuit after death.

Individuals who may be able to file a mesothelioma lawsuit after death include:

• Birth children, adopted children, and stepchildren
• Dependents
• Estate administrators/executors
• Personal representatives
• Spouses and domestic partners
• Trustees

Our team can determine if you can file a wrongful death lawsuit with help from our partner mesothelioma law firm. We’re here to walk you through the process and determine the best course of action.

See if you have a case by requesting a free legal consultation today.

Reasons to File a Mesothelioma Lawsuit After Death

A wrongful death lawsuit can never make up for the physical and emotional loss of having someone you love taken from you.

But legal compensation can ease the logistical and financial stresses that come with this loss — providing your family with financial security and helping to honor your loved one’s memory.

Wrongful death compensation can help your family by:

1. Giving your loved one the memorial service they deserve. The average funeral cost was $8,300 in 2023, according to the National Funeral Directors Association.
2. Covering unexpected expenses. If you were caring for your loved one while they went through treatment, you’re likely facing lost wages and unpaid medical bills. Compensation can help recoup these financial losses.
3. Helping provide closure. Your loved one was wrongfully exposed to asbestos and got sick because of corporate negligence. Because any money you receive from a lawsuit will come directly from these companies, you’re holding them financially responsible for your loss.
4. Honoring your loved one. Compensation from a lawsuit can allow you to honor your loved one in meaningful ways — such as donating to a cause they cared about or starting a scholarship fund or nonprofit organization in their memory.
5. Raising awareness. Money from legal action can be donated to organizations that raise awareness around the harms of asbestos, helping ensure what happened to you doesn’t happen to other families.

Examples of Mesothelioma Wrongful Death Lawsuits

The tragedy of asbestos-related diseases is that they are both devastating and preventable.

Asbestos companies knew that exposure could cause workers to develop mesothelioma, lung cancer, and other asbestos-related illnesses — but hid the truth for decades.

In the stories below, other families who have been in your shoes share why they chose to file a mesothelioma wrongful death lawsuit to hold these companies accountable and get closure for their loss.

Fighting Back Against Corporate Greed

Dan, a Pennsylvania maintenance worker, was regularly exposed to asbestos during his 30-year career at a large plastics factory. He was diagnosed with mesothelioma in 2019 and passed away two years later.

Dan’s case was taken to trial, where a jury found that he was put at unnecessary risk from talc that contained asbestos. The jury verdict awarded his estate $3.8 million in damages.

“This lawsuit was never about the money. This is about the fact that a jury has held Wash Penn responsible for putting profits over its people. I hope no other family has to go through the loss and pain my family and I have experienced.”
—Sandra, wife of mesothelioma patient Dan

A Mesothelioma Settlement Provides Peace of Mind

U.S. Army veteran John worked at a Wisconsin Procter & Gamble paper facility before and after his service. He was the go-to person to perform maintenance on all of the equipment at the facility. During this time, he was unknowingly exposed to asbestos on a regular basis.

John was tragically diagnosed with mesothelioma in December 2010, just months before his 82nd birthday. After he was diagnosed, he contacted Simmons Hanly Conroy to file a lawsuit and make sure his family would be taken care of in the future.

John passed away in April 2011, but his legal team was able to fulfill his final wish and secure a considerable mesothelioma settlement for his family.

Honoring a Husband’s Memory

Andrew was diagnosed with pleural mesothelioma in 2002 after he was exposed to asbestos throughout his life. He underwent surgeries and chemotherapy but tragically lost his cancer battle in January 2004.

LaTanyta shares that although she would trade the money in a heartbeat to have Andrew back, the settlement she received helped her family find stability. Today, she and their three children honor Andrew by volunteering and remembering how he always said to never give up.

“Andrew said to me, ‘The one thing that I want is for my family to survive, even if I don’t. Even if something happens to me, I want to know before I close my eyes that my family has been taken care of.’ And he did that.”
—LaTanyta, wife of mesothelioma patient Andrew

Take the first step toward pursuing justice in your loved one’s memory by requesting our Free Attorney Checklist to help you find the right lawyer for your case.

Mesothelioma Wrongful Death Settlement Compensation Amounts

The average mesothelioma settlement is between $1 and $1.4 million, according to Mealey’s® Litigation Report: Asbestos. That said, every wrongful death settlement amount will be different depending on several factors.

Top national mesothelioma law firm Simmons Hanly Conroy has secured over $9.3 billion in total mesothelioma compensation for victims and their loved ones.

Some of the firm’s past mesothelioma wrongful death settlements include:

• $10 million for the family of an insulator in Missouri
• $7.1 million to the loved ones of a nurse with secondhand asbestos exposure
• $6.3 million for the family of an Iowa asbestos worker
• $4.4 million to the loved ones of an Illinois woman who was exposed to asbestos secondhand
• $5.7 million to the family of a Florida maintenance worker
• $3.75 million for the loved ones of a Pennsylvania laborer

When to File Asbestos Claims After Death

Wrongful death lawsuits are usually filed in one of two situations:

1. After a mesothelioma patient dies. If a person dies from mesothelioma but never filed a lawsuit when they were alive, a family member or estate representative may be able to file a wrongful death lawsuit.
2. If a mesothelioma patient filed a lawsuit but died before it was resolved. In these cases, the mesothelioma lawsuit can be continued as a wrongful death action by a family member or anyone with legal authority.

Whether you’ve already started the process of filing or are just beginning your search, know that you have options.

Wrongful Death Laws by State

Not every wrongful death case follows the same rules. Wrongful death statutes, which determine the process for filing these lawsuits, vary by state and U.S. territory.

State laws can affect:

• How long someone has to file an asbestos wrongful death lawsuit
• How much compensation will be awarded
• How much (if any) of the compensation earned is taxable
• Whether punitive damages (damages meant to punish the defendant) can be awarded
• Who receives asbestos compensation after death

Often, a lawsuit must take on companies in different locations and jurisdictions, and that’s why national law firms tend to be the most successful at recovering money for their clients. Experienced national law firms often have the reach and strength to maximize case values.

Our partner national law firm can help your family navigate applicable laws and file a wrongful death lawsuit. Get a free case review now to learn your options and next steps.

Grieving Your Loved One

Losing someone you care about can be overwhelming in every sense of the word. In many cases, you have to move into action soon after your loss — organizing a funeral service, tending to bills and other financial matters, or cleaning out your loved one’s home.

Although many of these things, including filing a lawsuit, are time-sensitive, it’s important to give yourself space to grieve your loss — and understand that your journey to navigate your grief may not be a straight line.

Wrongful Death Lawsuits vs. Personal Injury Lawsuits

In a personal injury lawsuit, the mesothelioma victim is still alive and can offer firsthand information about their asbestos exposure. In a wrongful death claim, the victim can no longer answer questions about the asbestos products they worked with or around.

Even if your loved one isn’t around to share their story, skilled mesothelioma lawyers have the resources to gather all the information needed to file a successful lawsuit.

A skilled asbestos attorney can gather evidence to establish that:

• The victim was exposed to asbestos. Medical records, work history, job descriptions, and testimonies by former coworkers or military service members can all be used to prove asbestos exposure.
• The manufacturers were negligent. Lawyers with asbestos expertise can prove the manufacturers named in the lawsuit knew they were putting people in harm’s way, failed to protect or warn workers properly, and manufactured dangerous products.
• The victim’s death harmed their family. When someone dies from mesothelioma, their family members lose a source of financial support and emotional care. Both of these factors can influence the amount of financial compensation they receive.

Can a Personal Injury Mesothelioma Lawsuit Become a Wrongful Death Claim?

Yes. If the mesothelioma victim begins a personal injury claim but dies before it resolves, the claim becomes part of their estate. Their estate representative will then decide if and how they want to proceed with the lawsuit.

In mesothelioma cases where the victim didn’t designate someone to represent their estate before they died, the court will appoint a family member, spouse, or trusted advisor to act on their behalf.

If you represent the estate of a loved one who passed away during the claims process, an attorney who specializes in asbestos litigation and wrongful death claims can help.

An experienced mesothelioma attorney can navigate the legal process and fight for compensation to honor your loved one and support your family.

Request a no-obligation legal consultation to connect with top asbestos attorneys in your area.

Factors That Determine a Wrongful Death Settlement Amount

The amount of a mesothelioma settlement after death depends on the:

1. Age of the asbestos victim. Wrongful death settlements are usually higher for younger victims.
2. Impact on the surviving family. The emotional and financial effects of the victim’s illness and death on their family can impact how much money they receive from a settlement.
3. Income of the asbestos victim. The victim’s income and earning capacity at their death may also play a role.
4. Number of product manufacturers involved. Most victims were exposed to asbestos from multiple products. The more manufacturers named in a mesothelioma wrongful death lawsuit, the better chance a family has to receive a higher settlement.
5. State laws. The laws in the state in which the mesothelioma wrongful death lawsuit is filed can affect the settlement amount.

Most families who file successful mesothelioma wrongful death lawsuits receive settlement money from multiple asbestos product manufacturers.

Statutes of Limitations on Asbestos Claims After Death

Wrongful death lawsuits are subject to statutes of limitations, which may restrict your ability to file them after a certain amount of time.

Wrongful death statutes of limitations vary by state and are often shorter than personal injury statutes of limitations. In most cases, the “clock” on the statute of limitations starts running on the day of your loved one’s death.

In some states, the statute of limitations for a wrongful death lawsuit is as short as 1 year.

Use the dropdown menu below to find out your state’s mesothelioma statute of limitations.

The statutes of limitations listed above are subject to change. Our team can help you navigate the deadlines in your state and ensure your wrongful death lawsuit is filed in a timely manner.

What if I Missed the Statute of Limitations to File a Wrongful Death Claim?

Even if you believe you might have missed the filing deadline, you should still speak with an asbestos attorney. You may be able to file your wrongful death action in a different state or access mesothelioma compensation from another source.

For example, some families who have lost loved ones to mesothelioma have recovered compensation from asbestos trust fund claims. Bankrupt companies set up these funds to compensate asbestos victims and currently contain over $30 billion.

Get Help Filing a Mesothelioma Claim After Death

If someone you love passed away from mesothelioma, you may be able to file a wrongful death lawsuit and receive compensation to relieve financial burdens and honor your loved one’s legacy.

When you lose someone you care about, it can be overwhelming to manage all the logistics while grieving your loss. Our team is here to help.

Our knowledgeable team and partner law firm can:

• Help you understand all of your financial options
• Assemble an experienced legal team to support your case
• Handle your wrongful death case from start to finish
• Determine which companies were to blame
• Work to secure the highest payouts possible

Many families begin receiving wrongful death settlement compensation as soon as 90 days.

To start your free case review, fill out our contact form or call (866) 608-8933 to speak with one of our Patient Advocates.