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Mesothelioma Wrongful Death Lawsuit

If your loved one passed away from mesothelioma, you have rights — and you don’t have to go through this alone. The average wrongful death mesothelioma lawsuit settlement is between $1 million and $1.4 million, which can help pay for anything from funeral costs to grief counseling to daily living expenses. Our team is here to help you explore your options and file a wrongful death claim.

Legally reviewed by: Brian J. Cooke

Last updated:

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 Lawsuit Video Thumbnail

Lost a loved one to mesothelioma? You could seek justice and compensation through a wrongful death lawsuit. Settlements average $1.4 million, with some higher. Hold asbestos manufacturers accountable with top attorneys partnered with Mesothelioma Hope. View Transcript.

Duration: 1 min 40 sec

Mesothelioma, a devastating cancer caused by asbestos exposure has claimed the lives of tens of thousands of Americans. If you have lost a loved one to malignant mesothelioma, we understand the pain and hardship you’re going through and are here to help. A mesothelioma wrongful death lawsuit allows families to pursue compensation and justice for their loss. These lawsuits are a type of legal claim made against negligent manufacturers of asbestos containing products. Negligent manufacturers knowingly expose people to asbestos without adequate warning or safety measures and must be held accountable for their actions by filing a mesothelioma wrongful death lawsuit You can send a powerful message that this negligence will not be tolerated if you’re considering a mesothelioma wrongful death lawsuit. It’s essential to understand your rights and options. Our partner law firm specializes in mesothelioma cases and can provide you with the guidance and support you need. They have a deep understanding of the complexities involved and will fight tirelessly on your behalf. Mesothelioma lawsuits award an average of 1 to $1.4 million in settlements. Payout amount and wrongful death cases can vary based on several factors but some families have been awarded upwards of $10 million. Our experienced legal partners will work diligently to pursue the maximum compensation for your family. Don’t wait to take action if you’ve lost a loved one to mesothelioma. Your family deserves justice and compensation. We’re here to stand by your side and support you every step of the way. Contact Mesothelioma Hope now for a free, no obligation legal consultation.

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.

Did You Know?

While the payout timeline varies by case, many families who file mesothelioma claims after death receive compensation in as soon as 90 days.

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.

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

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Shara Fisher
Shara Fisher Senior Paralegal
17+ years providing legal help to mesothelioma victims

Key Facts on Mesothelioma 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.
  • $30 billion has been set aside in asbestos trust funds to pay mesothelioma victims
  • $1 million to $1.4 million average settlement amount
  • $9+ billion recovered for families by Simmons Hanly Conroy
  • $5 million to $11.4 million average verdict amount

Simmons Hanly Conroy, Mealey’s® Litigation Report: Asbestos, and the U.S. Government Accountability Office

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

smiling photo of mesothelioma patient Dan

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

happy photo of mesothelioma patient John

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

smiling photo of mesothelioma patient Andrew

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.

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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

We’re proud to partner with Simmons Hanly Conroy, which has 20+ years of experience handling asbestos lawsuits for families grieving the loss of a loved one.

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

When to File a Mesothelioma Wrongful Death Lawsuit

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.

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
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 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.

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.

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 Mesothelioma 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.

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
  • $5.1 million - HazMat technician & computer programmer
  • $4.2 million - Coal miner & lathe operator
  • $2.7 million - Bus driver and brake mechanic

Alaska Flag Alaska *2 years

Recent Alaska Settlement Amounts
  • $2 million - U.S. Army veteran
  • $1.16 million - Union carpenter & millwright
  • $1 million - Victim of secondhand asbestos exposure

Arizona Flag Arizona *2 years

Recent Arizona Settlement Amounts
  • $4.3 million - Truck driver
  • $4.1 million - U.S Army Veteran & welder
  • $3.86 million - U.S. Air Force veteran and union electrician

Arkansas Flag Arkansas *3 years

Recent Arkansas Settlement Amounts
  • $7.1 million - Union insulator & decking worker
  • $4.38 million - Contractor & laborer
  • $2.49 million - U.S. Air Force veteran & engineer

California Flag California *1 year

Recent California Settlement Amounts
  • $7.5 million - Brick tender and laborer
  • $5.1 million - Union HVAC worker
  • $3 million - U.S. Navy veteran & telephone technician

Colorado Flag Colorado *2 years

Recent Colorado Settlement Amounts
  • $5.27 million - Carpenter & laborer
  • $3.9 million - U.S. Air Force veteran
  • $2.98 million - Laborer & mechanic

Connecticut Flag Connecticut *3 years

Recent Connecticut Settlement Amounts
  • $3.72 million - Maintenance mechanic
  • $2.18 million - U.S. Navy deckhand & electrician’s mate
  • $1.92 million - Critical parts inspector

Dallas Flag Dallas

The average mesothelioma settlement awards around $1 million.

Delaware Flag Delaware *2 years

Recent Delaware Settlement Amounts
  • $3.15 million - Boilerman
  • $2.86 million - Factory worker
  • $2.56 million - Boatswain’s mate & shipwright

Florida Flag Florida *2 years

Recent Florida Settlement Amounts
  • $8 million - Auto mechanic
  • $5.7 million - Contractor & engineman
  • $5.2 million - U.S. Air Force veteran & roofer

Georgia Flag Georgia *2 years

Recent Georgia Settlement Amounts
  • $4.2 million - Marine mechanic
  • $4 million - Plumber & HVAC technician
  • $3.7 million - Quality control worker

Hawaii Flag Hawaii *2 years

Recent Hawaii Settlement Amounts
  • $ -

Houston Flag Houston

The average mesothelioma settlement awards around $1 million.

Idaho Flag Idaho *2 years

Recent Idaho Settlement Amounts
  • $3.37 million - Mechanic & parts manager
  • $3 million - Service station worker
  • $2.5 million - Sheet metal worker

Illinois Flag Illinois *2 years

Recent Illinois Settlement Amounts
  • $6.7 million - Union electrician
  • $5.3 million - U.S. Navy veteran & boiler tender
  • $4.9 million - Union auto worker

Indiana Flag Indiana *2 years

Recent Indiana Settlement Amounts
  • $6.13 million - Sheet metal worker
  • $5.1 million - Insulator
  • $4.41 million - Bricklayer and mechanic

Iowa Flag Iowa *2 years

Recent Iowa Settlement Amounts
  • $6.37 million - Asbestos mixer
  • $4.83 million - U.S. Navy Veteran & machinist mate
  • $3.99 million - Electrician

Jacksonville Flag Jacksonville

The average mesothelioma settlement awards around $1 million.

Kansas Flag Kansas *2 years

Recent Kansas Settlement Amounts
  • $4.68 million - Electrician
  • $3.35 million - Maintenance worker
  • $2.95 million - Construction worker & groundskeeper

Kentucky Flag Kentucky *1 year

Recent Kentucky Settlement Amounts
  • $4.69 million - Steel worker
  • $4.23 million - Assembly line worker
  • $3.73 million - Boiler tender

Louisiana Flag Louisiana *1 year

Recent Louisiana Settlement Amounts
  • $6.5 million - Tack welder & derrickhand
  • $5.3 million - Boiler tender & insurance surveyor
  • $4.9 million - U.S. Navy veteran & carpenter

Maine Flag Maine *6 years

Recent Maine Settlement Amounts
  • $7.78 million - Marine engineer
  • $3.5 million - Paper company worker
  • $2.77 million - U.S. veteran & equipment operator

Maryland Flag Maryland *3 years

Recent Maryland Settlement Amounts
  • $5.3 mllion - U.S. Army veteran & mechanic
  • $3.2 million - Retail worker
  • $2.9. million - Victim of secondhand asbestos exposure

Massachusetts Flag Massachusetts *3 years

Recent Massachusetts Settlement Amounts
  • $5.72 million - Engineer
  • $4 million - U.S. Navy veteran
  • $3.67 million - Factory worker

Michigan Flag Michigan *3 years

Recent Michigan Settlement Amounts
  • $4.98 million - Welder
  • $3.7 million - Contractor
  • $2.8 million - U.S. Army veteran & communication worker

Minneapolis Flag Minneapolis

The average mesothelioma settlement awards around $1 million.

Minnesota Flag Minnesota *2 years

Recent Minnesota Settlement Amounts
  • $6.92 million - Victim of secondhand asbestos exposure
  • $5.2 million - Auto mechanic & millwright
  • $4.48 million - U.S. Air Force veteran

Mississippi Flag Mississippi *3 years

Recent Mississippi Settlement Amounts
  • $5.26 million - Laborer
  • $3.7 million - Mechanic
  • $2.96 million - U.S. Navy veteran

Missouri Flag Missouri *5 years

Recent Missouri Settlement Amounts
  • $14.8 million - Roofer & laborer
  • $10 million - Insulator
  • $6.8 million - U.S. Navy veteran & machinist

Montana Flag Montana *3 years

Recent Montana Settlement Amounts
  • $5.33 million - Ranch helper
  • $3.27 million - Carpenter & mill worker
  • $2.5 million - U.S. Navy veteran

Nebraska Flag Nebraska *4 years

Recent Nebraska Settlement Amounts
  • $3.11 million - Factory worker
  • $2.19 million - Carpenter & fireman
  • $1.74 million - U.S. Marine Corps veteran

Nevada Flag Nevada *2 years

Recent Nevada Settlement Amounts
  • $3.37 million - Construction worker
  • $3.35 million - U.S. Air Force veteran & aircraft mechanic
  • $2.98 million - Power plant worker

New Hampshire Flag New Hampshire *3 years

Recent New Hampshire Settlement Amounts
  • $2.5 million - Laborer
  • $2 million - Electrician
  • $1.57 million - Auto body worker

New Jersey Flag New Jersey *2 years

Recent New Jersey Settlement Amounts
  • $2.9 million - Union electrician
  • $2.1 million - Carpenter
  • $1.75 million - U.S. Navy veteran & engineer

New Mexico Flag New Mexico *3 years

Recent New Mexico Settlement Amounts
  • $3.21 million - Mechanic
  • $2.49 million - Truck driver & U.S. Army veteran
  • $1.9 million - Secondhand exposure victim

New York Flag New York *3 years

Recent New York Settlement Amounts
  • $4.6 million - Welder
  • $3.5 million - U.S. Army veteran & janitor
  • $3.18 million - Home remodeler

North Carolina Flag North Carolina *3 years

Recent North Carolina Settlement Amounts
  • $4.59 million - Electric company worker
  • $3.2 million - Engineer
  • $2.29 million - U.S. Army veteran & repairman

North Dakota Flag North Dakota *6 years

Recent North Dakota Settlement Amounts
  • $2.46 million - Union plumber
  • $1.57 million - Drywaller
  • $2.22 million - U.S. Army veteran & carpenter

Ohio Flag Ohio *2 years

Recent Ohio Settlement Amounts
  • $2.9 million - Sheet metal worker
  • $3.16 million - U.S. Navy veteran & machine operator
  • $2.57 million - Plasterer

Oklahoma Flag Oklahoma *2 years

Recent Oklahoma Settlement Amounts
  • $3 million - Oil company worker
  • $2.4 million - Boilermaker
  • $3.11 million - Hair salon worker

Oregon Flag Oregon *2 years

Recent Oregon Settlement Amounts
  • $2.5 million - U.S. Navy veteran & insulator
  • $1.6 million - Boat captain & brakeman
  • $1.71 million - Concrete worker

Pennsylvania Flag Pennsylvania *2 years

Recent Pennsylvania Settlement Amounts
  • $3.3 million - Office worker
  • $2.19 million - U.S. Navy veteran & bricklayer
  • $2.3 million - Painter & Merchant Mariner

Rhode Island Flag Rhode Island *3 years

Recent Rhode Island Settlement Amounts
  • $1.54 million - Boiler tender & U.S. Navy veteran
  • $1.37 million - Concrete worker
  • $1.12 million - Union insulator

San Diego Flag San Diego

The average mesothelioma settlement awards around $1 million.

South Carolina Flag South Carolina *3 years

Recent South Carolina Settlement Amounts
  • $2.76 million - Ironworker
  • $1.87 million - Chemical plant worker
  • $1.98 million - Naval officer

South Dakota Flag South Dakota *3 years

Recent South Dakota Settlement Amounts
  • $2.26 million - Infantry officer in the U.S. Army
  • $1.35 million - Railroad worker
  • $1.84 million - Telephone lineman and splicer

Tennessee Flag Tennessee *1 year

Recent Tennessee Settlement Amounts
  • $2.8 million - Boiler tester and lab worker
  • $3 million - U.S. Navy veteran & auto mechanic
  • $3.37 million - Nursing home assistant

Texas Flag Texas *2 years

Recent Texas Settlement Amounts
  • $4.2 million - Steelworker & construction worker
  • $3.62 million - Pipefitter
  • $1.76 million - U.S. Army veteran & longshoreman

Utah Flag Utah *4 years

Recent Utah Settlement Amounts
  • $1.55 million - U.S. Navy veteran & electrical repairman
  • $2.27 million - Water treatment plant worker
  • $1.68 million - Mining worker

Vermont Flag Vermont *3 years

Recent Vermont Settlement Amounts
  • $1.31 million - Engineer
  • $1 million - Inventory specialist & U.S. Air Force veteran
  • $1 million - Home remodeler

Virginia Flag Virginia *2 years

Recent Virginia Settlement Amounts
  • $2.68 million - Metal worker
  • $2.81 million - Railroad worker
  • $2.52 million - U.S. Army veteran & exterminator

Washington Flag Washington *3 years

Recent Washington Settlement Amounts
  • $2.2 million - U.S. Navy veteran & farmer
  • $2.9 million - Chemical engineer
  • $2.4 million - X-ray technician & civil field engineer

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
  • $2.53 million - Coal mine and construction worker
  • $2 million - U.S. Navy veteran & union roofer
  • $1.65 million - Secondary exposure victim

Wisconsin Flag Wisconsin *3 years

Recent Wisconsin Settlement Amounts
  • $2.65 million - Union asbestos worker
  • $3.2 million - Mail carrier
  • $2.98 million - Millwright

Wyoming Flag Wyoming *4 years

Recent Wyoming Settlement Amounts
  • $1.14 million - Electric worker
  • $1.83 million - Gas station owner
  • $1.74 million - Petroleum geologist
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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.

Did You Know?

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 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.

Mesothelioma Wrongful Death Lawsuit FAQs

What are asbestos claims after death?

Filing an asbestos lawsuit after your loved one passed away is known as a wrongful death lawsuit. A mesothelioma wrongful death lawsuit is a type of legal action that can be taken to hold one or more companies accountable for someone’s death from this cancer.

These lawsuits can provide compensation for funeral expenses, pain and suffering, loss of financial support, and more.

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

The time it takes to reach a mesothelioma settlement after death varies. It depends on factors like how complicated the case is, the number of manufacturers being sued, the strength of the evidence against them, and their willingness to negotiate.

Sometimes, the parties are able to reach a settlement within a matter of months or even weeks if negotiations move quickly. However, other cases may take longer and require a longer legal process, including court filings, discovery, depositions, and a trial.

A skilled asbestos lawyer will fight to expedite this process for the victim’s family. While the payout timeline differs for each case, some wrongful death lawsuits start to award compensation within 90 days of filing.

Your lawyer can update you on if and when you will likely receive settlement money as your case progresses.

Do you need a lawyer for a mesothelioma wrongful death lawsuit?

Yes, it is highly recommended that you have a lawyer file your wrongful death lawsuit.

An experienced attorney who specializes in asbestos claims after death can handle every step of the process for you, including gathering evidence, assessing damages, and negotiating with asbestos manufacturers and their legal teams.

Their expertise increases the chances of your claim being successful and obtaining rightful compensation for your family.

Who can receive a mesothelioma wrongful death settlement?

Immediate family members, such as spouses, children, and sometimes parents, are typically eligible for a mesothelioma wrongful death settlement.

Eligibility requirements vary based on your location and the circumstances of your case. To learn if you or another family member can obtain compensation, consult with a knowledgeable asbestos lawyer who specializes in these cases.

Give our team a call at (866) 608-8933 to connect with our partner mesothelioma lawyers today.

How much is compensation for mesothelioma death?

Compensation varies depending on whether the case settles or goes to court, as well as other factors.

Settlements in mesothelioma wrongful death cases average between $1 million and $1.4 million. Mesothelioma trial verdicts typically range between $5 million and $11.4 million.

Factors that can influence the final compensation amount include the extent of the victim’s asbestos exposure, the severity of their illness, the financial losses suffered, the age of the deceased, and other specific circumstances of the case.

Is it hard to win a wrongful death lawsuit?

While there are no guarantees, it’s much easier to win a wrongful death lawsuit by working with a top asbestos law firm than if you tried to handle a lawsuit yourself.

It’s important to work with a firm that has the resources and experience to:

  • Prove how and where your loved one was exposed to asbestos
  • Identify the manufacturers of the asbestos products they were exposed to
  • Know where and when to file the claim for the best possible outcome

Our partner law firm, Simmons Hanly Conroy, has decades of experience in securing justice for mesothelioma patients. Our lawyers maintain a comprehensive database of information and a professional network they pull from to effectively fight for clients. Get in touch with Simmons Hanly Conroy now.

What is the average wrongful death settlement for mesothelioma?

The average settlement amount for a mesothelioma wrongful death case is between $1 million and $1.4 million, according to Mealey’s® Litigation Report: Asbestos.

Multiple factors can affect the total settlement amount, and many families have received more than the average payout.

Attorney Brian CookeReviewed by:Brian J. Cooke

Partner at Simmons Hanly Conroy & U.S. Marine Corps Veteran

  • Fact-Checked
  • Legal Editor

Attorney Brian Cooke is a partner at Simmons Hanly Conroy and a proud U.S. Marine Corps veteran. With over 20 years of experience fighting for justice on behalf of his clients, Brian has successfully secured millions in compensation for mesothelioma patients and their families.

  • Practicing Attorney Since 2000
  • Handled Hundreds of Asbestos Cases
  • Veteran of the U.S. Marine Corps
Laura WrightWritten by:

Lead Editor

Laura Wright is a journalist and content strategist with more than 15 years of professional experience. She attended college at the University of Florida, graduating magna cum laude with a bachelor’s degree in journalism in 2008. Her writing has been featured in The Gainesville Sun and other regional publications throughout Florida.

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  1. American Society of Clinical Oncology. “Mesothelioma: Statistics.” Retrieved April 3, 2024, from
  2. Behrens, Mark A. (2009). “What’s New in Asbestos Litigation?” Retrieved April 3, 2024, from
  3. Journal of Economic Perspectives—Volume 18, Number 2—Spring 2004, “Asbestos and the Future of Mass Torts”, Retrieved April 3, 2024, from
  4. Mazurek, J., et al. (2017, March 3). Malignant Mesothelioma Mortality — United States, 1999–2015. Retrieved April 3, 2024, from
  5. Natural Funeral Directors Association (2023, December 8). 2023 NFDA General Price List Study Shows Inflation Increasing Faster than the Cost of a Funeral. Retrieved April 3, 2024, from
  6. Odom, G., & Kane, M. (2020, February 20). Illinois First District Appellate Court upholds $4.8 million asbestos verdict against John Crane. Retrieved April 3, 2024, from
  7. Rand Institute for Civil Justice. (2005). Asbestos Litigation Costs and Compensation. Retrieved April 3, 2024, from
  8. United States Courts. (n.d.). Civil Cases. Retrieved April 3, 2024, from
  9. University of California, San Diego, CA, USA, National Bureau of Economic Research. (2014). Mass Tort Litigation: Asbestos. Retrieved April 3, 2024, from
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