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 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.

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.

Who Can File a Mesothelioma Wrongful Death Claim?

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.

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.

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

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.

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.

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.

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.