Mesothelioma Wrongful Death Lawsuit

A mesothelioma wrongful death lawsuit helps eligible families access compensation after losing a loved one to malignant mesothelioma. Mesothelioma wrongful death lawsuits are a type of legal claim made against negligent manufacturers of asbestos-containing products. Learn more about mesothelioma wrongful death lawsuits, potential settlement amounts, and how our partner law firm can help you file a claim.

Written and Fact-Checked by: Mesothelioma Hope Team

What Is a Mesothelioma Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of legal action that can be taken if another person — or company — is responsible for someone’s death.

A mesothelioma wrongful death lawsuit is usually filed against a manufacturer of asbestos-containing products. These companies knew their products were harmful but did not warn the public.

In mesothelioma wrongful death cases, family members maintain that their deceased loved one would still be alive if they had not gotten sick from asbestos, the only known cause of mesothelioma.

Did You Know?

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’s death to file a wrongful death lawsuit.

Our partner law firm has more than 20 years of experience handling asbestos lawsuits for families grieving the loss of a loved one. Get a free consultation to learn if you or another family member is eligible to file a mesothelioma wrongful death lawsuit.

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Who Can File a Mesothelioma Wrongful Death Claim?

A young woman consoles an older woman

In most cases, the asbestos victim’s surviving family members, usually a spouse or adult child, are able to file mesothelioma wrongful death claims.

However, anyone who represents the victim’s estate can file a mesothelioma lawsuit after death. Estate representatives are typically appointed by a court.

Most states allow the following people to file wrongful death suits:

  • Birth children and/or legally adopted children
  • Executor of the victim’s will
  • Next of kin as noted by state law
  • Spouse or legally recognized life partner
  • Other dependents

To confirm whether you or another family member can file a mesothelioma wrongful death lawsuit, you should contact a mesothelioma lawyer. If you have a case, they can advise you on when and where the lawsuit should be filed for best results.

Need an attorney to help you file a mesothelioma wrongful death lawsuit? Get your Free Attorney Checklist to find the right lawyer for your case.

Why File a Mesothelioma Wrongful Death Claim?

All mesothelioma deaths are tragic and could have been prevented. While a lawsuit can never make up for the loss of a cherished loved one, it can provide family members with financial security and help them honor the victim.

Compensation from a mesothelioma wrongful death lawsuit can pay for:

  • Family living expenses
  • Funeral costs and burial services
  • Loss of financial support
  • Lost wages
  • Unpaid medical bills
  • Other expenses

Mesothelioma wrongful death lawsuits can also hold manufacturers of asbestos products accountable. These companies knew that asbestos exposure could cause mesothelioma, lung cancer, and other asbestos-related diseases.

However, instead of doing the right thing, asbestos companies hid the health risks for decades so they could keep making money. They ended up exposing millions of Americans to this cancer-causing material in the process.

Since these manufacturers may be directly responsible for an asbestos victim’s death, they should have to cover the related expenses — not the victim’s family.

Take the first step toward pursuing justice for your family member by requesting a free legal consultation now.

Asbestos Wrongful Death Settlement Amounts

It is difficult to determine the value of the average mesothelioma wrongful death lawsuit settlement. That’s because mesothelioma settlements are usually confidential, and any data that is made public typically includes both personal injury and wrongful death claims.

That said, some notable mesothelioma wrongful death settlements include:

  • $10 million to the family of a Missouri insulator
  • $6.3 million for the family of an Iowa asbestos worker
  • $5.7 million to the family of a Florida maintenance worker
  • $3.75 million for the family of a Pennsylvania laborer

The exact amount awarded in a mesothelioma wrongful death settlement depends on various factors, including:

  • Age of the asbestos victim: Settlement amounts are usually higher for younger victims.
  • Impact on the family: The impact that the person’s illness and death has on their family can affect a settlement.
  • Income of the asbestos victim: The victim’s income and earning capacity at their time of death may also play a role.
  • Number of manufacturers involved: Most asbestos 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 settlement money.
  • State laws: The laws in the state in which the mesothelioma wrongful death lawsuit is filed can affect the settlement amount.
Did You Know?

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

The experienced mesothelioma attorneys we work with may be able to help your family recover settlement money through a mesothelioma wrongful death lawsuit. Get started right now with a free case evaluation.

Mesothelioma Wrongful Death Lawsuit Process

Filing a mesothelioma lawsuit after a loved one’s death is slightly different from filing a personal injury case for an asbestos-related illness.

Mesothelioma wrongful death lawsuits are usually filed in one of these two situations:

  1. After a mesothelioma patient dies: If a person dies due to mesothelioma but never filed a lawsuit when they were alive, it may be possible for a family member to file a wrongful death lawsuit on their behalf.
  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 else with legal authority.

Keep in mind that not every wrongful death case follows the same rules. Wrongful death statutes, which determine the process for filing these lawsuits, vary by state and even by 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 compensation

Fortunately, mesothelioma lawyers can help family members file a mesothelioma wrongful death lawsuit. Connect with our partner law firm for a free legal consultation.

How Wrongful Death Lawsuits Differ From Personal Injury Lawsuits

Mesothelioma wrongful death lawsuits can be more complicated than standard mesothelioma personal injury claims.

Unlike in a personal injury lawsuit, the victim is unable to provide firsthand information about their asbestos exposure history. However, if a lawsuit was filed before the victim died, they may have already shared details about their exposure with a family member, coworker, or attorney representing them in the case.

The good news is that mesothelioma lawyers have the resources to gather everything needed to file a successful claim after a victim’s wrongful death.

For example, an asbestos lawyer 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: It must be shown that the manufacturers named in the lawsuit knew they were putting people in harm’s way, failed to properly protect or warn workers, or manufactured a dangerous and defective product.
  • The victim’s death harmed their family: When someone dies from mesothelioma, their immediate family members lose a source of financial support and emotional care. Both of these factors can impact how much financial compensation they receive.

Statutes of Limitations on Asbestos Claims After Death

Couple speaking with a lawyer about a mesothelioma wrongful death lawsuit

Wrongful death lawsuits are subject to statutes of limitations that prevent people from filing lawsuits after a certain period of time.

A wrongful death lawsuit for mesothelioma must be filed within the statute of limitations or the victim’s family may not be able to receive compensation.

Wrongful death statutes of limitations vary by state, and they are often shorter than personal injury statutes of limitations. In most cases, the statute of limitations starts to run on the day of the mesothelioma victim’s death.

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

To find out the mesothelioma statute of limitations in your state, use the drop-down menu below.

Mesothelioma Statute of Limitations by State
  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Washington, D.C.
  • West Virginia
  • Wisconsin
  • Wyoming

Alabama Flag Alabama *2 years

Recent Alabama Settlement Amounts
  • $4.8 million - Navy Veteran
  • $3.54 million - Auto Mechanic
  • $2.7 million - Plasterer

Alaska Flag Alaska *2 years

Recent Alaska Settlement Amounts
  • $3.5 million - Auto Mechanic
  • $3.2 million - Laborer
  • $3.69 million - Navy Veteran

Arizona Flag Arizona *2 years

Recent Arizona Settlement Amounts
  • $4 million - Teacher
  • $2.4 million - Navy Veteran
  • $2.9 million - Pipefitter

Arkansas Flag Arkansas *3 years

The average mesothelioma settlement awards around $1 million.

California Flag California *2 years

The average mesothelioma settlement awards around $1 million.

Colorado Flag Colorado *2 years

Recent Colorado Settlement Amounts
  • $3.7 million - Truck Driver
  • $1.1 million - Laborer
  • $3.8 million - Navy Veteran

Connecticut Flag Connecticut *3 years

The average mesothelioma settlement awards around $1 million.

Delaware Flag Delaware *2 years

Recent Delaware Settlement Amounts
  • $3.4 million - Navy Veteran
  • $1.48 million - Pipefitter
  • $2.6 million - Bricklayer

Florida Flag Florida *4 years

The average mesothelioma settlement awards around $1 million.

Georgia Flag Georgia *2 years

Recent Georgia Settlement Amounts
  • $4.8 million - U.S. Navy veteran
  • $3.7 million - Truck driver
  • $1.5 million - Laborer

Hawaii Flag Hawaii *2 years

The average mesothelioma settlement awards around $1 million.

Idaho Flag Idaho *2 years

The average mesothelioma settlement awards around $1 million.

Illinois Flag Illinois *2 years

The average mesothelioma settlement awards around $1 million.

Indiana Flag Indiana *2 years

The average mesothelioma settlement awards around $1 million.

Iowa Flag Iowa *2 years

Recent Iowa Settlement Amounts
  • $4.8 million - Navy Veteran
  • $2.53 million - Laborer
  • $1.8 million - Mechanic

Kansas Flag Kansas *2 years

Recent Kansas Settlement Amounts
  • $3.64 million - Welder
  • $1.8 million - Truck Driver
  • $3.9 million - Auto Mechanic

Kentucky Flag Kentucky *1 years

Recent Kentucky Settlement Amounts
  • $3.69 million - Navy Veteran
  • $2.82 million - Truck Driver
  • $3.9 million - Auto Mechanic

Louisiana Flag Louisiana *1 years

Recent Louisiana Settlement Amounts
  • $10.3 million - Stevedore
  • $8.3 million - Serviceman's family
  • $6.5 million - Derrickhand

Maine Flag Maine *6 years

Recent Maine Settlement Amounts
  • $1.48 million - Pipefitter
  • $1.5 million - Electrician
  • $3 million - Navy Veteran

Maryland Flag Maryland *3 years

Recent Maryland Settlement Amounts
  • $3.9 million - Army Veteran
  • $5.2 million - Welder
  • $2.9 million - Secondary Exposure

Massachusetts Flag Massachusetts *3 years

Recent Massachusetts Settlement Amounts
  • $3.8 million - Navy Veteran
  • $2.4 million - Construction Worker
  • $3.6 million - Factory Worker

Michigan Flag Michigan *3 years

The average mesothelioma settlement awards around $1 million.

Minnesota Flag Minnesota *2 years

The average mesothelioma settlement awards around $1 million.

Mississippi Flag Mississippi *3 years

The average mesothelioma settlement awards around $1 million.

Missouri Flag Missouri *5 years

The average mesothelioma settlement awards around $1 million.

Montana Flag Montana *3 years

Recent Montana Settlement Amounts
  • $3.4 million - Navy Veteran
  • $1 million - Auto Mechanic
  • $2 million - Laborer

Nebraska Flag Nebraska *4 years

Recent Nebraska Settlement Amounts
  • $3.4 million - Navy Veteran
  • $3.26 million - Pipefitter
  • $1.37 million - Truck Driver

Nevada Flag Nevada *2 years

Recent Nevada Settlement Amounts
  • $1.5 million - Mechanic
  • $1.46 million - Army Veteran
  • $2.4 million - Navy Veteran

New Hampshire Flag New Hampshire *3 years

Recent New Hampshire Settlement Amounts
  • $3.4 million - Navy Veteran
  • $1.5 million - Mechanic
  • $3.2 million - Army Veteran

New Jersey Flag New Jersey *2 years

Recent New Jersey Settlement Amounts
  • $3.4 million - Mechanic
  • $1.75 million - Navy Veteran
  • $2.1 million - Carpenter

New Mexico Flag New Mexico *3 years

Recent New Mexico Settlement Amounts
  • $3.3 million - Navy veteran
  • $1.5 million - Mechanic
  • $2.73 million - Air Force Veteran

New York Flag New York *3 years

The average mesothelioma settlement awards around $1 million.

North Carolina Flag North Carolina *3 years

Recent North Carolina Settlement Amounts
  • $4.6 million - Welder
  • $1.77 million - Electrician
  • $2.73 million - Air Force Veteran

North Dakota Flag North Dakota *6 years

Recent North Dakota Settlement Amounts
  • $3.4 million - Navy Veteran
  • $3.9 million - Auto Mechanic
  • $1.48 million - Pipefitter

Ohio Flag Ohio *2 years

Recent Ohio Settlement Amounts
  • $3.3 million - Pipefitter
  • $2.95 million - Army Veteran
  • $1.4 million - Boilermaker

Oklahoma Flag Oklahoma *2 years

The average mesothelioma settlement awards around $1 million.

Oregon Flag Oregon *2 years

Recent Oregon Settlement Amounts
  • $3.69 million - Navy Veteran
  • $1.56 million - Army Veteran
  • $1.6 million - Electrician

Pennsylvania Flag Pennsylvania *3 years

The average mesothelioma settlement awards around $1 million.

Rhode Island Flag Rhode Island *3 years

Recent Rhode Island Settlement Amounts
  • $3.4 million - Navy Veteran
  • $1.5 million - Mechanic
  • $2.1 million - Carpenter

South Carolina Flag South Carolina *3 years

The average mesothelioma settlement awards around $1 million.

South Dakota Flag South Dakota *3 years

Recent South Dakota Settlement Amounts
  • $3.4 million - Navy Veteran
  • $1.57 million - Mechanic
  • $2 million - Laborer

Tennessee Flag Tennessee *1 years

Recent Tennessee Settlement Amounts
  • $1.48 million - Pipefitter
  • $2.35 million - Navy veteran
  • $1.57 million - Mechanic

Texas Flag Texas *2 years

The average mesothelioma settlement awards around $1 million.

Utah Flag Utah *4 years

Recent Utah Settlement Amounts
  • $3.9 million - Auto Mechanic
  • $1.54 million - Custodian
  • $2.56 million - Navy Veteran

Vermont Flag Vermont *3 years

The average mesothelioma settlement awards around $1 million.

Virginia Flag Virginia *2 years

The average mesothelioma settlement awards around $1 million.

Washington Flag Washington *3 years

Recent Washington Settlement Amounts
  • $3.64 million - Welder
  • $2.5 million - Mechanic
  • $2.36 million - X-ray tech

Washington, D.C. Flag Washington, D.C. *3 years

The average mesothelioma settlement awards around $1 million.

West Virginia Flag West Virginia *2 years

Recent West Virginia Settlement Amounts
  • $1.48 million - Pipefitter
  • $3.4 million - Navy Veteran
  • $3.9 million - Auto Mechanic

Wisconsin Flag Wisconsin *3 years

The average mesothelioma settlement awards around $1 million.

Wyoming Flag Wyoming *4 years

Recent Wyoming Settlement Amounts
  • $3.4 million - Navy Veteran
  • $3.9 million - Auto Mechanic
  • $2.73 million - Air Force Veteran
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The statutes of limitations listed above are subject to change. Families should work with a mesothelioma lawyer to navigate the deadlines in their state and ensure their wrongful death lawsuit is filed in a timely manner.

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

For example, some families who have lost loved ones to mesothelioma have recovered compensation from asbestos trust funds. Bankrupt companies set up these funds to compensate asbestos victims after they were court ordered to do so.

Mesothelioma Hope can help your family explore every legal option. Get started by seeing if you qualify for asbestos trust fund compensation.

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Get Help Filing a Mesothelioma Claim After Death

If a person you loved passed away from mesothelioma, you may be able to file a wrongful death lawsuit and receive compensation. This compensation can help you obtain justice for your loved one and honor their legacy.

Many families worry that filing a wrongful death lawsuit is too complicated and time-consuming, but that’s not the case when you work with a top mesothelioma law firm.

Our partner law firm, Simmons Hanly Conroy, can quickly assemble an experienced legal team to handle your mesothelioma wrongful death lawsuit from start to finish. This includes determining which companies may be to blame for your loved one’s exposure and gathering evidence to build the strongest possible case.

In many cases, families start receiving wrongful death settlement compensation in as soon as 90 days.

To start your free case review, submit our online form or call (866) 608-8933 right now.

Mesothelioma Wrongful Death Lawsuit FAQs

What are some average wrongful death settlements for mesothelioma?

Mesothelioma lawsuit settlements award between $1 million and $1.4 million on average. However, some settlements may award more than this.

Some notable mesothelioma wrongful death settlements include:

  • $10 million to the family of a Missouri insulator
  • $6.3 million for the family of an Iowa asbestos worker

How do I get a mesothelioma settlement after the death of a loved one?

A mesothelioma wrongful death lawsuit is the best way to pursue compensation from a settlement after the death of a loved one.

An experienced mesothelioma lawyer can help you file a lawsuit if you qualify.

Wrongful death suits have strict deadlines, so be sure to contact an attorney as soon as possible to protect your legal rights.

Who receives money from wrongful death claims?

This depends on the wrongful death statutes in each state. In some states, 100% of the award goes to the victim’s next of kin. Other states may divide the money between different parties.

Is there mesothelioma compensation for family members?

Possibly. Family members who have lost a loved one to mesothelioma may be able to obtain compensation by filing a wrongful death lawsuit or an asbestos trust fund claim.

An experienced asbestos attorney can help you understand your legal options and pursue compensation.

How long does it take to get a mesothelioma settlement for wrongful death?

While the amount of time varies with each case, many mesothelioma cases start to award compensation in as soon as 90 days if a mesothelioma settlement after death is reached out of court.

A mesothelioma lawyer can update you on your wrongful death lawsuit’s settlement payout timeline as the case moves forward through the legal process.

Mesothelioma Hope was founded by a team of passionate health advocates to educate people about this aggressive form of cancer. Mesothelioma affects thousands of people each year. Our team works tirelessly to give hope to those impacted by mesothelioma. Learn more about operating principles and our Editorial Guidelines.

References
  1. American Society of Clinical Oncology. “Mesothelioma: Statistics.” Retrieved from: https://www.cancer.net/cancer-types/mesothelioma/statistics. Accessed on February 6, 2023.

  2. Mark A. Behrens, “What’s New in Asbestos Litigation?” Retrieved from http://www.casact.org/education/clrs/2009/handouts/st1behrens.pdf Accessed on February 6, 2023

  3. Expert Law, “What is a Wrongful Death Claim?” Retrieved from https://www.expertlaw.com/library/personal-injury-and-torts/what-wrongful-death-claim Accessed on February 6, 2023

  4. Journal of Economic Perspectives—Volume 18, Number 2—Spring 2004, “Asbestos and the Future of Mass Torts”, Retrieved from http://econweb.ucsd.edu/~miwhite/asbestos-jep-final.pdf Accessed on February 6, 2023

  5. Mazurek, J., Syamla, G., Wood, J., Hendricks, S., & Weston, A. (2017, March 3). Malignant Mesothelioma Mortality — United States, 1999–2015. Retrieved February 6, 2023, from https://www.cdc.gov/mmwr/volumes/66/wr/pdfs/mm6608a3.pdf

  6. Nolo. “Wrongful Death Lawsuit Damages.” Retrieved from: https://www.nolo.com/legal-encyclopedia/what-damages-available-wrongful-death-case.html. Accessed on February 6, 2023.

  7. Odom, G., & Kane, M. (2020, February 20). Illinois First District Appellate Court upholds $4.8 million asbestos verdict against John Crane. Retrieved February 6, 2023, from https://www.lexology.com/library/detail.aspx?g=66bfece3-a554-49ab-b748-34d8aa075c27

  8. Rand Institute for Civil Justice, “Asbestos Litigation Costs and Compensation”, Retrieved from https://www.rand.org/content/dam/rand/pubs/documented_briefings/2005/DB397.pdf Accessed on February 6, 2023

  9. United States Courts, “Civil Cases”, Retrieved from http://www.uscourts.gov/about-federal-courts/types-cases/civil-cases Accessed on February 6, 2023

  10. University of California, San Diego, CA, USA, National Bureau of Economic Research, “Mass Tort Litigation: Asbestos”, Retrieved from http://econweb.ucsd.edu/~miwhite/asbestos_springer.pdf Accessed on February 6, 2023

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