Mesothelioma Wrongful Death Lawsuit

Quick Summary

If a family member or loved one died from mesothelioma, you may be able to recover financial compensation by filing a wrongful death lawsuit. You can use the compensation to pay for funeral costs and medical bills. Our team can help you file a mesothelioma wrongful death lawsuit. Find out your eligibility below.

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About Mesothelioma Wrongful Death Lawsuits

It may be possible to file a wrongful death lawsuit if a loved one passes away from mesothelioma.

Though filing an asbestos lawsuit cannot bring your loved one back, it can allow you to get justice and compensation from those responsible. Many who have filed mesothelioma wrongful death lawsuits have received millions of dollars.

Did you know?

Wrongful death lawsuits are filed against the makers of asbestos-containing products. These manufacturers knew that asbestos could cause deadly illnesses, but they failed to warn the public for decades.

Globally, over 38,000 people a year die from mesothelioma — including thousands of veterans — and most of these deaths could have been prevented.

File a mesothelioma wrongful death lawsuit with help from top lawyers now. Skilled asbestos lawyers will handle almost all of the work involved with a wrongful death lawsuit on your behalf.

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Wrongful Death vs. Personal Injury Claims

Wrongful death lawsuits are slightly different from personal injury mesothelioma lawsuits.

Personal injury claims are filed by the mesothelioma victim when they are still alive. The victim works with their attorneys to pinpoint how they were exposed to asbestos and which companies are responsible.

In a wrongful death lawsuit, this work falls to the mesothelioma patient’s next of kin and their attorneys. Thankfully, top mesothelioma law firms know how to build strong cases even if the victim has passed away.

Who Can File Mesothelioma Wrongful Death Lawsuits?

Surviving family members, loved ones, or anyone with legal authority may be able to file a mesothelioma wrongful death claim. You must meet certain criteria to file, though.

First, your loved one’s death from mesothelioma must be linked to the negligence of companies that made and sold asbestos-based products. Second, you must be allowed by law to file an asbestos claim.

Most states let the following parties file wrongful death cases:

  • Immediate family members, such as children and spouses
  • Next of kin according to state law
  • Representatives or executors of the deceased’s estate
  • Those who were financially dependent on the deceased

You may also be able to continue a mesothelioma lawsuit if the cancer patient filed it but died before it concluded.

To learn if you can file or not, contact an experienced mesothelioma attorney. The best asbestos attorneys will handle the case on your behalf so you won’t have any added stress. Learn how a lawyer can help you in our Free Veterans Packet.

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Reasons to File a Mesothelioma Wrongful Death Case

You and your family may have many reasons to file a mesothelioma wrongful death lawsuit. Lawsuits can allow you and your family to get mesothelioma compensation following the victim’s death.

Mesothelioma wrongful death compensation can pay for:

  • Burial and funeral costs
  • Family living costs
  • Loss of financial support
  • Lost wages
  • Medical expenses

A lawsuit also allows you to hold asbestos companies responsible for your loved one’s death. Manufacturers of asbestos-based products knew as far back as the 1930s that asbestos was harmful, but hid the truth for decades to make money. A wrongful death lawsuit demands these companies pay for what they’ve done.

Did you know?

U.S. veterans are at a very high risk of mesothelioma as the military used countless asbestos-based products in its ships, bases, and vehicles. Manufacturers put brave service members in danger. Family members of veterans with mesothelioma deserve justice.

Finally, there’s no risk to filing a mesothelioma wrongful death lawsuit. Top mesothelioma attorneys charge no upfront fees and take care of almost every step of the legal process on your behalf. Further, these attorneys do not sue the U.S. military or government.

Mesothelioma Wrongful Death Settlement Amounts

Settlements are the most common way money is awarded in wrongful death lawsuits. Through a mesothelioma settlement, asbestos companies agree to pay you so the lawsuit won’t proceed to an in-court trial.

Average wrongful death settlements for mesothelioma vary from case to case. However, families of mesothelioma victims often receive $1 million or more through wrongful death settlements.

Examples of mesothelioma wrongful death settlements include:

  • $10 million for the family of a Missouri courthouse employee
  • $6.3 million for the family of an Iowa asbestos worker
  • $5.7 million for the family of a Florida maintenance worker
  • $4 million for a New York general laborer
  • $3.75 million for the family of a Pennsylvania laborer
  • $1.9 million for the family of a U.S. Navy veteran from Florida

Learn how a mesothelioma attorney can retrieve financial compensation with our Free Attorney Checklist.

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When Will I Get a Mesothelioma Wrongful Death Settlement?

If and when your mesothelioma wrongful death lawsuit will settle depends on many factors, including the evidence presented in your case and the negotiations between legal teams.

That said, you can expect to get the first wrongful death settlement awards within 90 days of filing.

An experienced lawyer can give you a better idea of when you’ll get mesothelioma wrongful death settlement compensation.

Factors That Affect Mesothelioma Wrongful Death Payouts

Award amounts for mesothelioma wrongful death lawsuits vary depending on several factors.

These factors include:

  • Expenses: Your lawyers will try to get as much money as possible to cover lingering medical bills, funeral costs, and more. They’ll also try to get additional financial aid for your pain and suffering.
  • Jurisdiction: Laws in the state where the mesothelioma wrongful death lawsuit is filed can affect the settlement amount.
  • Number of companies sued: It’s likely that the lawsuit will be filed against several asbestos companies. It depends on which products the deceased was exposed to and which companies made them. More companies sued means that there could be a higher payout.

An asbestos attorney can help determine which factors will affect your wrongful death payout.

Contact us to connect with top attorneys who can help secure a strong mesothelioma wrongful death settlement on your behalf if you qualify.

Statutes of Limitations on Mesothelioma Claims After Death

Each state has its own laws that limit the amount of time to file a mesothelioma wrongful death lawsuit. These laws are called statutes of limitations. You can’t file a lawsuit or get compensation if the statute of limitations has passed in your case.

Wrongful death statutes of limitations vary from state to state. Some states have wrongful death statutes of limitations as short as 1 year from the victim’s death.

An experienced mesothelioma lawyer can file your lawsuit according to your state’s statute of limitations.

Don’t delay: Connect with an attorney now. Call (877) 450-8973.

The Mesothelioma Wrongful Death Claims Process

If filing a mesothelioma wrongful death lawsuit is the right choice for you and your family, follow these steps to get started.

1. Contact an Experienced Mesothelioma Lawyer

Working with a skilled mesothelioma attorney is crucial to filing a wrongful death lawsuit. Without a lawyer’s help, it’s extremely difficult to file any type of mesothelioma lawsuit.

Mesothelioma lawyers can help determine if you’re able to file a wrongful death lawsuit and handle your case from start to finish. Get help from a mesothelioma lawyer to file a wrongful death lawsuit right now.

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2. Collect Evidence for a Mesothelioma Wrongful Death Case

Once you’ve agreed to work with an experienced lawyer, they’ll start gathering evidence to file a mesothelioma wrongful death lawsuit.

Evidence in a mesothelioma wrongful death lawsuit may include:

  • The victim’s background: Your lawyer may use medical records, mesothelioma diagnosis reports, military service and work history, as well as testimonies by veterans and co-workers to link their death to asbestos.
  • The manufacturers’ negligence: Your lawyer will demonstrate how asbestos-based products caused the victim’s death and that the manufacturers knew of the dangers but failed to protect them.
  • The impact of their death: The lawyer must demonstrate how you and your family were emotionally and financially impacted by the asbestos victim’s death.

3. File the Mesothelioma Wrongful Death Lawsuit

Once the lawyer has collected all of the required evidence, they will file the asbestos wrongful death claim on your behalf. That way, you can concentrate on mourning your loved one.

Your attorney will identify the proper court system to file the case in and make sure it’s submitted before the statute of limitations runs out. Once filed, the defendants (companies being sued) must respond to it.

4. Enter Discovery & Negotiate a Settlement

Once the asbestos companies respond to the lawsuit, it will enter the discovery phase. Here, your team and the legal team for the asbestos companies will exchange and request information to strengthen their cases.

99% of mesothelioma lawsuits reach settlements
99% of mesothelioma lawsuits reach settlements.

After this, the legal teams will likely want to meet to try and settle the case. Reaching a settlement is usually preferred by most lawyers, as taking the case to trial is very risky — there’s no guarantee what will happen. Over 99% of mesothelioma lawsuits will reach settlements.

5. Go To Trial If Needed

In very rare situations, a mesothelioma wrongful death lawsuit won’t reach a settlement and may go to trial. In a trial, a judge and jury will hear arguments from both legal teams and decide the case.

You could receive more or less compensation through a trial than through a settlement. For example, a U.S. veteran who was exposed to asbestos on Navy ships received a $40 million verdict. However, if the case is decided in the favor of the asbestos companies, you may walk away with nothing.

6. Receive Compensation

Once your mesothelioma wrongful death lawsuit has concluded, your lawyer will receive notification of the settlement or trial verdict amount. You will then receive the payout.

$1 Million Average Settlement
$1 Million
Average Settlement
*varies case by case

In most cases, mesothelioma wrongful death compensation is not taxable. However, compensation for punitive damages and lost wages is taxable. Courts award punitive damages when the defendant’s behavior is particularly harmful.

Find Help With a Mesothelioma Claim After Death of a Loved One

No family ever deserves to lose a loved one to mesothelioma. Tragically, manufacturers of asbestos-based products put millions of people in danger all for profits.

If a loved one has passed away from mesothelioma or another asbestos-related disease, a wrongful death lawsuit can help you get justice and financial aid from these companies.

The Mesothelioma Veterans Center stands ready to help anyone who has lost a loved one to mesothelioma take legal action Learn how we can help you file a mesothelioma lawsuit with a Free Veterans Packet.

Mesothelioma Wrongful Death Lawsuit FAQs

What is the average mesothelioma wrongful death settlement?

Mesothelioma wrongful death settlements can typically pay out $1 million, with some receiving even more.

For example, the family of a Missouri courthouse employee who died of mesothelioma received $10 million through a wrongful death settlement. A mesothelioma lawyer can determine how much you could receive.

Can you claim for mesothelioma after death?

Yes, you can file a mesothelioma wrongful death claim on behalf of a loved one who died from this cancer. You’ll need to work with an asbestos lawyer in order to do so.

Your attorney will gather evidence to determine how the victim developed mesothelioma, pinpoint which manufacturers are to blame, and file a case on your behalf.

It may also be possible to file claims if your loved one died from another asbestos-related illness like lung cancer.

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

The amount of time it takes to reach mesothelioma wrongful death settlements varies from case to case. However, the first mesothelioma settlements are often secured in 90 days or less.

Who gets the money from mesothelioma wrongful death claims?

This depends on factors such as who filed the case and the state in which the wrongful death lawsuit was filed.

Children, spouses, estate representatives, and those who were financially reliant on the deceased may be able to receive compensation.

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

Yes, you need a lawyer for a mesothelioma wrongful death claim. It’s very difficult — if not impossible — to file a case without a lawyer’s help.

Attorneys make filing a mesothelioma wrongful death lawsuit much easier and can quickly secure financial aid for you and your loved ones.

Veterans Support Team
Christopher Dryfoos PhotoWritten by:

Contributing Author

Christopher Dryfoos is a journalist and member of the American Medical Writers Association (AMWA). As the grandson of the U.S. Navy’s first forensic pathologist, he aims to help veterans with mesothelioma access needed care.