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 harmed 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 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.

Who Can 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. A court typically appoints estate representatives.

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

You should contact a mesothelioma lawyer to confirm whether you or another family member can file a wrongful death lawsuit. If you’re entitled to mesothelioma compensation, your attorney can advise 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 losing 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

Examples of Mesothelioma Wrongful Death Lawsuits

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.

Mesothelioma Wrongful Death Settlement Compensation Amounts

Determining the exact value of a mesothelioma settlement after death is difficult because they are usually confidential. However, the overall average financial settlement of a mesothelioma case is between $1 and $1.4 million.

List of Asbestos Wrongful Death Settlements Amounts

Information from top national mesothelioma law firm Simmons Hanly Conroy has secured over $8.8 billion in total 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

How to File Asbestos Legal Claims After Death

Filing a mesothelioma lawsuit after a loved one’s death differs slightly 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 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

Often, a lawsuit must take on companies in different locations and jurisdictions, and that’s why national law firms are often the most successful at recovering money for victims. Victims need the national reach and strength to ensure that their case value has been maximized.

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

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.

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 protect or warn workers properly, 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 influence the amount of financial compensation they receive.

Can a Personal Injury Mesothelioma Lawsuit 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 want to proceed with the lawsuit.

Depending on their relationship with the victim, this representative may file a separate wrongful death claim and continue 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, their family or legal representative needs 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 connect with top asbestos attorneys in your area.

What Factors Determine a Wrongful Death Settlement Amount?

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 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.

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 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 the mesothelioma victim’s death.

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

Use the drop-down menu below to find out your state’s mesothelioma statute of limitations.

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.

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 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 true when working with a top mesothelioma law firm.

Top mesothelioma law firms, like Simmons Hanly Conroy, our trusted legal partner, 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.

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.