Mesothelioma Wrongful Death Lawsuit

About Mesothelioma Claims After Death

A mesothelioma wrongful death lawsuit is filed by a surviving family member of someone who passed away from mesothelioma. These lawsuits are usually filed against asbestos manufacturers who hid the dangers of their products for decades.

Family members can sue, as their loved ones would still be alive if they had not been exposed to asbestos, the only known cause of mesothelioma.

Mesothelioma wrongful death lawsuits award compensation through settlements or trial verdicts. Settlements are reached between the parties out of court, while verdicts require the case to be brought before a judge or jury. Nearly all mesothelioma cases settle out of court.

Key Facts on Mesothelioma Wrongful Deaths

• Who can file: Surviving family members or anyone representing the victim’s estate
• Payout timeline: Many families get their first payouts in 90 days or less
• Average settlement: 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 cancer
• How the money can be used: For anything you need, such as unpaid medical bills, funeral costs, everyday expenses, and grief counseling

The time to file a mesothelioma wrongful death lawsuit is limited. Get a Free Case Review now to learn if you or another family member can file a claim.

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• Over $30 billion available
• No cost to file a claim
• Avoid going to court

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Shara Fisher Senior Paralegal

17+ years providing legal help to mesothelioma victims

Who Can File a Mesothelioma Wrongful Death Lawsuit?

Typically, a surviving spouse, adult child, or another close family member can file a mesothelioma wrongful death claim. However, anyone legally representing the victim’s estate may qualify to file a mesothelioma lawsuit 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 didn’t file a lawsuit when they were alive, a family member or estate representative may be able to file a wrongful death lawsuit.
2. If a 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.

In Illinois, the loved ones of a woman who was exposed to asbestos secondhand (also known as take-home exposure) were awarded $4.4 million after she passed. This money helped the family cover medical bills, funeral expenses, and other daily costs.

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

• Children, adopted children, and stepchildren
• Dependents
• Estate administrators or 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.

Mesothelioma Wrongful Death Settlement Compensation Amounts

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

We’re proud to partner with Simmons Hanly Conroy, a top national mesothelioma law firm with more than 25 years of experience handling asbestos lawsuits for families grieving the loss of a loved one. They’ve secured over $10.3 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
• $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 loved ones of a Pennsylvania laborer
• $7.1 million to the loved ones of a nurse with secondhand asbestos exposure

Get a free case review today to learn if you or another family member can file a mesothelioma wrongful death lawsuit.

Factors That Determine a Wrongful Death Settlement Amount

The amount of mesothelioma death compensation depends on certain factors, notably pain and suffering, as well as the cost of medical expenses and funeral bills.

The amount of a mesothelioma settlement after death may depend 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.

Wrongful Death Laws by State

Not every mesothelioma 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 is taxable
• Whether punitive damages (meant to punish defendants) can be awarded
• Who receives compensation for mesothelioma 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 like Simmons Hanly Conroy often have the reach and strength to maximize mesothelioma case values.

“The client’s role in the case is to take care of themselves. If they’re grieving, if they’ve lost a family member, grieving that loss. And it’s our job to carry the responsibility of the case.”

Wrongful Death Lawsuits vs. Personal Injury Lawsuits

In a personal injury case, 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. Dedicated asbestos lawyers 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.

The primary difference between a wrongful death lawsuit and a personal injury lawsuit is whether the victim is still alive. Regardless of your family’s journey with mesothelioma, you can pursue financial compensation from the negligent companies that hurt your loved one.

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 mesothelioma wrongful death claims can help. These attorneys can navigate the asbestos litigation process, fighting for compensation to honor your loved one and support your family.

Get a Free Case Review to learn more about your legal options and potential next steps from an experienced attorney.

Get a Free Mesothelioma Case Review

• Over $30 billion available
• No cost to file a claim
• Avoid going to court

Get a Free Case Review

Shara Fisher Senior Paralegal

17+ years providing legal help to mesothelioma victims

Statutes of Limitations on Filing a Mesothelioma Lawsuit After Death

Mesothelioma 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 mesothelioma death lawsuit is filed in time.

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, many 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.

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 compensation for family members can ease the 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 with a viewing and burial is about $8,300, according to the National Funeral Directors Association. Wrongful death compensation can cover this big expense.
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. Any money you receive from a lawsuit will come directly from these companies, meaning 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 dangers of asbestos, helping ensure that what happened to you doesn’t happen to other families.

There’s no wrong way to honor your loved one, and legal claims can give you more options to do so. You should never feel guilty for pursuing compensation against the corporations responsible for your loved one’s death.

Get started on your mesothelioma wrongful death claim with a Free Case Review. Our compassionate, experienced team can help you determine your next steps.

Get a Free Mesothelioma Case Review

• Over $30 billion available
• No cost to file a claim
• Avoid going to court

Get a Free Case Review

Shara Fisher Senior Paralegal

17+ years providing legal help to mesothelioma victims

Grieving Your Loved One

Losing someone you care about can be overwhelming. In many cases, you have to move into action soon after your loss — organizing a funeral service, tending to financial matters, cleaning out your loved one’s home, and even filing a lawsuit.

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

If you need someone to talk to, resources to help process your loss, or connections to a counselor or support group, our team is here to help. Contact us any time.

Examples of Mesothelioma Wrongful Death Lawsuits

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

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 the equipment at the facility. During this time, he was unknowingly exposed to asbestos on a regular basis.

John was tragically diagnosed just months before his 82nd birthday. After his mesothelioma diagnosis, 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 just four months after his diagnosis, 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 after he was exposed to asbestos throughout his life. He underwent surgeries and chemotherapy but tragically lost his cancer battle two years later.

His wife 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

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 mesothelioma compensation after death as soon as 90 days after filing.

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