Mesothelioma Wrongful Death Lawsuit

What Is a Mesothelioma Wrongful Death Lawsuit?

A wrongful death lawsuit is a type of legal action that can be taken to hold a person or company accountable for someone’s death and pursue compensation for things like funeral expenses, pain and suffering, and loss of financial support.

A mesothelioma wrongful death lawsuit is usually filed against one or more manufacturers of asbestos-containing products. These companies failed to warn the public that their products were harmful to people’s health.

In mesothelioma wrongful death cases, family members claim that their deceased loved one 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 can be reached in or out of court, while verdicts require the case to be brought before a judge or jury if neither party can reach an agreement.

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 suit.

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

Who Can File a 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 who represents the victim’s estate can file a mesothelioma lawsuit after death. Estate representatives are typically appointed by a court.

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

To confirm whether you or another family member can file a wrongful death lawsuit, you should contact a mesothelioma lawyer. If you’re entitled to mesothelioma compensation, your attorney can advise you on when and where the lawsuit should be filed to ensure a successful outcome.

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

Reasons to File a Mesothelioma Lawsuit After Death

While a lawsuit can never make up for the loss of your cherished loved one, it can provide your family with financial security and help you honor the victim.

Wrongful death compensation can help you 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 also hold manufacturers of asbestos products accountable. These asbestos companies knew that exposure could cause innocent workers to develop mesothelioma, lung cancer, and other asbestos-related diseases.

One of many examples is Pennsylvania maintenance worker Daniel “Dan” Rugg. Dan was exposed to asbestos during his 30-year career with Washington Penn Plastics (Wash Penn). He died from mesothelioma in 2021 after being diagnosed two years prior.

Dan’s case was taken to trial, and a jury found that Wash Penn failed to provide a safe workplace by using industrial talc that contained asbestos. The jury verdict awarded the Rugg 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 Rugg, wife of deceased mesothelioma victim Dan Rugg

Take the first step toward pursuing justice in your loved one’s memory by requesting a free legal consultation now.

Mesothelioma Wrongful Death Settlements: Compensation Amounts

It is difficult to determine the exact value of a mesothelioma settlement after death because mesothelioma settlements are usually confidential.

With that said, our partner law firm Simmons Hanly Conroy has secured over $8.8 billion in total compensation on behalf of mesothelioma 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

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

• Age of the asbestos victim. Wrongful death settlements are usually higher for younger victims.
• 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.
• Income of the asbestos victim. The victim’s income and earning capacity at their time of death may also play a role.
• 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 settlement.
• 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.

How Do You File Asbestos Claims After Death?

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

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, it may be possible for a family member 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 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 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

An experienced mesothelioma lawyer can help your family navigate any applicable laws and file a wrongful death lawsuit. Connect with our partner law firm for a free case review.

How Wrongful Death Lawsuits Differ From 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 is unavailable to answer questions about the asbestos products they worked with or around.

Fortunately, mesothelioma lawyers have the resources to gather all the information needed to file a successful claim after a victim’s wrongful death.

A skilled asbestos attorney can locate 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.

Can a Personal Injury Claim Become a Wrongful Death Claim?

Yes. If the mesothelioma victim dies before their personal injury claim is resolved, their claim becomes part of their estate. Their estate representative will then decide if and how they would like to proceed with the lawsuit.

Depending on their relationship with the victim, this representative can choose to file a separate wrongful death claim in addition to continuing the personal injury claim.

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 a mesothelioma patient passes away during the claims process, it’s important for their family or legal representative to reach out to an experienced mesothelioma attorney who specializes in asbestos litigation and wrongful death claims. An attorney can navigate the legal process and fight for compensation to honor the deceased victim and support their surviving loved ones.

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

Statutes of Limitations on Asbestos Claims After Death

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

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 fund claims. Bankrupt companies set up these funds to compensate asbestos victims after the courts ordered them to do so.

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.

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

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

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